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Terms Of Service

Last Updated: March 08, 2025

Welcome to MySmartPaw! These Terms of Service ("Terms") govern your use of our products, services, and website (collectively, "Services"), including  QR code software, and related features designed to enhance pet tracking and ownership. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Acceptance of Terms

These Terms form a legally binding agreement between you ("User," "you," or "your") and MySmartPaw ("we," "us," or "our"), an Australian-owned business. We reserve the right to update these Terms at any time, with changes effective upon posting to our website or notification to you. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

2. Eligibility

To use our Services, you must:

  • Be at least 16 years of age.

  • Provide accurate and complete information when creating an account or purchasing products.

  • Not use our Services for any illegal or unauthorized purpose.

3. Our Services

MySmartPaw provides pet tracking and identification solutions, including:​​

  • QR Code Software: Scannable codes linking to pet profiles or owner contact details.

We may update, modify, or discontinue features of our Services at our discretion, with or without notice, subject to applicable consumer law rights.

4. User Responsibilities

4.1 Account Security

  • You are responsible for maintaining the confidentiality of your account credentials (e.g., login details).

  • Notify us immediately if you suspect unauthorized access to your account.

  • You are liable for all activities conducted through your account unless you can prove unauthorized use was not due to your negligence.

4.2 Proper Use

You agree to:

  • Use our Services only for lawful purposes and in accordance with these Terms.

  • Configure pet profiles (e.g., QR code settings) accurately to ensure safe recovery of lost pets.

  • Not tamper with, reverse-engineer, or misuse our product QR code software.

  • Not use our Services to harass, harm, or infringe on the rights of others.

4.3 Third-Party Integrations

Our Services may rely on third-party platforms (e.g., Apple’s Find My network). You acknowledge that:

  • Functionality may depend on those platforms’ terms and availability.

  • We are not responsible for third-party service interruptions or changes.

5. Purchases and Payments

5.1 Orders

  • All orders are subject to availability and acceptance by us.

  • Prices are in Australian dollars (AUD) and include GST where applicable, unless otherwise stated.

5.2 Payment

  • Payment must be made at the time of purchase via our designated payment methods.

  • We use secure third-party payment processors and do not store your full payment details.

5.3 Refunds and Returns

  • Refunds or replacements are available under the Australian Consumer Law if products are faulty, not fit for purpose, or not as described.

  • For non-faulty returns, contact us within 30 days of purchase, subject to our return policy

  • Shipping costs for returns are your responsibility unless the product is faulty.

6. Intellectual Property

  • Our IP: All content, trademarks, designs, and software related to MySmartPaw Services (including  QR code systems) are owned by us or our licensors and are protected by Australian and international copyright laws.

  • Limited License: We grant you a non-exclusive, non-transferable, revocable license to use our Services for personal, non-commercial purposes, subject to these Terms.

  • Restrictions: You may not copy, modify, distribute, or create derivative works from our Services without our prior written consent.

7. Limitation of Liability

To the maximum extent permitted by law:

  • Our Services are provided "as is" and "as available" without warranties beyond those implied by the Australian Consumer Law.

  • We are not liable for indirect, consequential, or incidental damages (e.g., loss of data, profits, or emotional distress) arising from your use of our Services.

  • Our total liability for any claim is limited to the amount you paid for the specific product or service giving rise to the claim.

  • We are not responsible for:

    • Loss or damage to pets or property due to reliance on our Services.

    • Interruptions caused by third-party platforms or user error.

Nothing in these Terms excludes or limits your statutory rights under Australian law.

8. Indemnity

You agree to indemnify and hold MySmartPaw, its affiliates, and employees harmless from any claims, losses, or damages (including legal fees) arising from:

  • Your misuse of our Services.

  • Your violation of these Terms or applicable laws.

  • Any inaccurate information you provide (e.g., in pet profiles).

9. Termination

  • By You: You may stop using our Services at any time. To delete your account at any time

  • By Us: We may suspend or terminate your access to our Services if you breach these Terms, engage in illegal activity, or for any reason at our discretion, with notice provided where required by law.

  • Upon termination, your right to use our Services ends, but obligations (e.g., indemnity) survive.

10. Governing Law

These Terms are governed by the laws of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts in that jurisdiction, unless otherwise required by law.

11. Force Majeure

We are not liable for delays or failures in providing our Services due to events beyond our reasonable control, such as natural disasters, pandemics, or third-party service outages.

12. Contact Us

For questions, support, or complaints about our Services or these Terms, contact us at:
MySmartPaw
Email:mysmartpaw@gmail.com
If we cannot resolve your concern, you may seek assistance from your local consumer protection authority (e.g., the Australian Competition and Consumer Commission, www.accc.gov.au).

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