## Introduction
These Terms of Service ("Terms") constitute a legally binding agreement between you and Happy Holiday Tech Pty Ltd (ABN 13 696 928 382) trading as WagglTail ("WagglTail," "we," "us," or "our") governing your access to and use of the WagglTail mobile application and related services (collectively, the "Service").
By creating an account or using WagglTail, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use our Service.
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## 1. Eligibility and Age Requirements
### 1.1 Minimum Age
In compliance with Australian social media legislation and the Online Safety Act 2021:
- You must be at least 16 years of age to create an account
- By registering, you represent and warrant that you meet this age requirement
- We reserve the right to request proof of age at any time
### 1.2 Age Verification
- We may verify your age through various methods
- Providing false age information is a material breach of these Terms
- Accounts found to be under 16 will be immediately terminated
### 1.3 Parental Responsibility
- Parents/guardians are responsible for monitoring minors' online activity
- Report suspected underage users to: admin@happyholidaytech.com
### 1.4 Geographic Restrictions
- The Service is available in Australia and select international markets
- Some features may be restricted based on location
---
## 2. Account Registration and Security
### 2.1 Account Creation
You must provide:
- A valid email address
- Age confirmation (you must be 16 or older)
- A unique username
- A secure password meeting our requirements
### 2.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of unauthorized access
- Using strong passwords and enabling security features
### 2.3 Account Accuracy
- You must provide accurate and complete information
- You must update information to keep it current
- Providing false information may result in account termination
### 2.4 One Account Per Person
- You may only create one account
- Multiple accounts may be terminated
- Exceptions may be granted for business purposes
---
## 3. Acceptable Use Policy
### 3.1 Permitted Uses
You may use WagglTail to:
- Share pet-related content and experiences
- Connect with other pet owners
- Discover pet-friendly places and services
- Buy and sell pet-related products and services (if approved as a seller)
- Participate in the pet community
### 3.2 Prohibited Content
You must not post, share, or transmit content that:
- Is illegal, harmful, threatening, abusive, harassing, or defamatory
- Promotes violence, discrimination, or hatred
- Contains nudity, sexual content, or explicit material
- Depicts animal cruelty, abuse, or neglect
- Infringes intellectual property rights
- Contains spam, scams, or fraudulent schemes
- Includes personal information of others without consent
- Promotes illegal drugs, weapons, or dangerous activities
- Contains malware, viruses, or harmful code
### 3.3 Prohibited Activities
You must not:
- Impersonate others or create fake accounts
- Harass, bully, stalk, or threaten other users
- Scrape, crawl, or use automated tools to access the Service
- Attempt to hack, reverse engineer, or compromise our systems
- Interfere with or disrupt the Service
- Circumvent security features or access restrictions
- Sell or transfer your account
- Use the Service for commercial purposes without authorization
- Manipulate engagement metrics (fake likes, follows, etc.)
- Collect user information for unauthorized purposes
---
## 4. Content and Intellectual Property
### 4.1 Your Content
- You retain ownership of content you post ("User Content")
- You are solely responsible for your User Content
- You must have all necessary rights to post your content
- You must not post content that infringes others' rights
### 4.2 License to WagglTail
By posting User Content, you grant WagglTail a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:
- Use, reproduce, modify, and adapt your content
- Publicly display and distribute your content
- Create derivative works from your content
- Use your content for promotional purposes
This license continues even after you delete content or close your account, to the extent we have already used or distributed it.
### 4.3 Content Removal
- You can delete your content at any time through the app
- We may remove content that violates these Terms
- Removed content may persist in backups for up to 90 days
### 4.4 WagglTail's Intellectual Property
- The Service, including design, features, and code, is owned by WagglTail
- Our trademarks, logos, and branding are protected
- You may not use our intellectual property without permission
### 4.5 Copyright Infringement
- We respect intellectual property rights
- Report copyright infringement to: admin@happyholidaytech.com
- Include: your contact info, description of copyrighted work, location of infringing content, and a statement of good faith belief
- Repeat infringers will have accounts terminated
---
## 5. Community Guidelines and Moderation
### 5.1 Community Standards
WagglTail is a positive community for pet lovers. We expect:
- Respectful and kind interactions
- Pet-related content and discussions
- Compliance with animal welfare laws
- Reporting of inappropriate content or behavior
### 5.2 Content Moderation
- We use automated and manual moderation
- We may remove content that violates these Terms
- We may suspend or terminate accounts for violations
- Moderation decisions are at our sole discretion
### 5.3 Reporting
- Report violations using in-app reporting tools
- We will investigate reports and take appropriate action
- False reports may result in account penalties
### 5.4 Appeals
- You may appeal content removal or account actions
- Contact: admin@happyholidaytech.com
- Include your username and reason for appeal
---
## 6. Marketplace Terms
### 6.1 Seller Requirements
To sell on WagglTail, you must:
- Complete seller verification
- Provide accurate business information
- Comply with all applicable laws and regulations
- Maintain appropriate licenses and permits
- Provide accurate product/service descriptions
- Honor your stated terms and policies
- Respond to return requests within 72 hours
- Accept returns for defective or misrepresented items
### 6.2 Buyer Responsibilities
- Review listings carefully before purchasing
- Communicate with sellers about orders
- Pay for orders in a timely manner
- Follow seller's return and refund policies
- Return items in unused condition (except for defective items)
- Provide accurate information in return requests
### 6.3 Transactions
- Transactions are between buyers and sellers
- WagglTail facilitates but is not a party to transactions
- Payment processing is handled by Stripe
- We may charge service fees as disclosed
- Payments are held in escrow until delivery is confirmed
- Funds are released 7 days after delivery confirmation
### 6.4 Prohibited Items
You may not sell:
- Live animals
- Illegal or regulated items
- Counterfeit or infringing products
- Dangerous or hazardous materials
- Items prohibited by our Marketplace Policies
### 6.5 WagglTail Pet Purchase Protection
**Coverage:**
WagglTail guarantees your purchase through our Pet Purchase Protection program. If your item:
- Never arrives
- Is defective or damaged
- Doesn't match the listing description
- Is the wrong item
We will ensure you receive a full refund, including original shipping costs.
**How It Works:**
1. Submit a return request through the app within 14 days of delivery
2. Seller has 72 hours to respond
3. If seller doesn't respond, return is automatically approved
4. Return label is provided (for items that need to be returned)
5. Refund is issued within 3-5 business days
**Platform Guarantee:**
If a seller fails to issue a refund for a valid return, WagglTail will issue the refund directly to you and recover the amount from the seller. You are protected by WagglTail, not just the individual seller.
### 6.6 Returns and Refunds
**Return Window:**
- Buyers may request returns within 14 days of delivery
- Items must be unused and in original condition (except defective items)
- Sellers must accept returns for defective or misrepresented items
**Return Process:**
1. Buyer submits return request through the app
2. Seller has 72 hours to respond
3. If no response, return is automatically approved
4. Return shipping label is generated
5. Buyer ships item back
6. Refund is issued within 7 days of seller receiving the item
**Automatic Approval:**
If a seller does not respond to a return request within 72 hours, the return is automatically approved and a return label is generated for the buyer.
**Return Shipping Costs:**
- Seller pays return shipping for defective or misrepresented items
- Buyer pays return shipping for change-of-mind returns (if seller accepts such returns)
**Refund Processing:**
- Refunds are processed within 7 days of seller receiving the returned item
- If seller doesn't process refund, WagglTail will issue it automatically
- Refunds are issued to the original payment method
**Seller Obligations:**
- Respond to return requests within 72 hours
- Accept returns for defective or misrepresented items
- Process refunds within 7 days of receiving returned items
- Failure to comply may result in account restrictions and automatic refunds
### 6.7 Disputes
- Buyers and sellers should attempt to resolve disputes directly
- Buyers can escalate to WagglTail if seller doesn't respond or refuses valid return
- We may assist with dispute resolution at our discretion
- We may withhold funds or issue refunds in case of fraud
- Decisions made under Pet Purchase Protection are final
### 6.8 Seller Fees
- Service fees are disclosed during seller onboarding
- Payment processing fees apply (set by Stripe)
- Fees are subject to change with notice
- Sellers may be charged for return shipping labels
- Sellers may be charged for refunds issued by WagglTail on their behalf
---
## 7. Privacy and Data Protection
### 7.1 Privacy Policy
- Our Privacy Policy explains how we collect and use your information
- By using WagglTail, you consent to our Privacy Policy
- Review our Privacy Policy in Settings > Legal > Privacy Policy
### 7.2 Your Privacy Controls
- Set post visibility (Public, Friends, Private)
- Control who can message you
- Manage location sharing
- Configure notification preferences
### 7.3 Data Protection
- We comply with Australian Privacy Principles
- We implement security measures to protect your data
- You have rights to access, correct, and delete your data
### 7.4 Communications
- We may send service-related communications
- You can opt out of marketing communications
- Some communications are required for account management
---
## 8. Termination and Suspension
### 8.1 Termination by You
- You may delete your account at any time through app settings
- Deletion is permanent and immediate
- Some information may be retained as required by law (e.g., transaction records for tax compliance)
### 8.2 Termination by WagglTail
We may suspend or terminate your account if:
- You violate these Terms or our policies
- You are under the minimum age requirement
- Your account is inactive for an extended period
- Required by law or regulatory authority
- We discontinue the Service
### 8.3 Effect of Termination
- Your right to use the Service immediately ceases
- Your content may be deleted (subject to legal requirements)
- Outstanding marketplace transactions must be completed
- Seller funds may be held for dispute resolution period (up to 90 days)
- Pending return requests must be honored
- Refunds for valid returns will be processed even after termination
### 8.4 Survival
These provisions survive termination:
- Intellectual property rights
- Liability limitations
- Indemnification obligations
- Dispute resolution procedures
---
## 9. Disclaimers and Limitations of Liability
### 9.1 Service "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Merchantability or fitness for a particular purpose
- Accuracy, reliability, or availability
- Non-infringement of third-party rights
- Uninterrupted or error-free operation
### 9.2 User Content
- We do not endorse or verify user-generated content
- We are not responsible for content posted by users
- You use the Service at your own risk
### 9.3 Third-Party Content
- We are not responsible for third-party websites or services
- Links to third parties do not imply endorsement
### 9.4 Marketplace Transactions
- We do not guarantee the quality, safety, or legality of items
- We are not responsible for seller performance
- Buyers and sellers transact at their own risk
### 9.5 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAGGLTAIL SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, data, or goodwill
- Service interruptions or errors
- User content or conduct
- Third-party actions
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:
- Amounts paid by you in the 12 months before the claim, or
- AUD $100
### 9.6 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or other applicable law that cannot be lawfully excluded.
---
## 10. Indemnification
You agree to indemnify, defend, and hold harmless WagglTail, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any law or third-party rights
- Your marketplace transactions
- Your interactions with other users
---
## 11. Dispute Resolution
### 11.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.
### 11.2 Jurisdiction
You agree to the exclusive jurisdiction of courts in New South Wales, Australia for any disputes.
### 11.3 Informal Resolution
Before filing a claim, you agree to contact us at admin@happyholidaytech.com to attempt informal resolution.
### 11.4 Arbitration (Optional)
Parties may agree to resolve disputes through arbitration under Australian arbitration rules.
### 11.5 Class Action Waiver
To the extent permitted by law, you agree to bring claims individually, not as part of a class action.
---
## 12. General Provisions
### 12.1 Changes to Terms
- We may modify these Terms at any time
- Material changes will be notified via email or in-app notification
- Continued use after changes constitutes acceptance
- If you disagree, you must stop using the Service
### 12.2 Entire Agreement
These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and WagglTail.
### 12.3 Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in effect.
### 12.4 Waiver
Our failure to enforce any provision does not waive our right to enforce it later.
### 12.5 Assignment
- You may not assign these Terms without our consent
- We may assign these Terms in connection with a merger or acquisition
### 12.6 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
### 12.7 Notices
- Legal notices should be sent to: admin@happyholidaytech.com
- We may provide notices via email or in-app notifications
---
## 13. Contact Information
For questions, concerns, or notices regarding these Terms:
**Happy Holiday Tech Pty Ltd**
ABN: 13 696 928 382
ACN: 696 928 382
**Email:** admin@happyholidaytech.com
**Support:** admin@happyholidaytech.com
**Legal:** admin@happyholidaytech.com
**Safety:** admin@happyholidaytech.com
**Appeals:** admin@happyholidaytech.com
**Mailing Address:**
UG6, 7 Rutledge St
Eastwood, NSW 2122
Australia
### For Consumer Complaints
**Australian Competition and Consumer Commission (ACCC)**
Website: www.accc.gov.au
Phone: 1300 302 502
**eSafety Commissioner**
Website: www.esafety.gov.au
Phone: 1800 880 176
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## 14. Acknowledgment
By using WagglTail, you acknowledge that:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You meet the age requirement (16+)
- You will comply with all applicable laws
- You understand the risks of using social media
- You have reviewed our Privacy Policy
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