Terms of Service | Sniffspace

Acceptance of terms.

These Terms of Service (the “Terms”) are a legally binding agreement between you and Sniffspace. (“Sniffspace”, “we”, “our” and “us”). The terms make use of the Sniffspace online platform including all resources, technology and services in order to facilitate the connection between “Hosts” and “Guests” (dog owners) to secure private off-leash spaces. These terms cover all use of Sniffspace accessed from our website (www.sniffspace.com.au), our mobile website, our Facebook page and any other access point we make available to you. Users must be over the age of 18.

By accessing and using the Sniffspace platform, you accept these terms and our privacy policy. If you do not agree to be bound by these terms, you do not have the right to use the Sniffspace service. Your use of the Sniffspace platform constitutes your acceptance of the terms, and understanding and acceptance that terms and conditions may change periodically. Your use of the Sniffspace platform constitutes your agreement to release us from any and all liability for any claims, law suits, injuries, loss, harm and/or damages arising from and/or any interaction between other users online or offline. By using Sniffspace, you are also agreeing to our Waiver and Release. YOU ACKNOWLEDGE AND AGREE, YOUR USE OF SNIFFSPACE IS AT YOUR SOLE AND EXCLUSIVE RISK.

Sniffspace is an online platform allowing homeowners to act as Hosts, offering Guests the opportunity to book the privately owned space as an off-leash secure area for themselves and their dog. Guests' usage may include training, relaxation, space for a reactive dog or general play time

Sniffspace is the online platform only and does not offer any dog care services. Sniffspace does not endorse any Host or Guest personally. Sniffspace does not guarantee or have any control over (i) the suitability, safety or quality of any Host listings, (ii) the accuracy of any listing descriptions, any photographic images of the space, reviews or ratings. Users should use their own discretion and care when choosing to (i) list their space (ii) accept a booking request, (iii) communicate with a Guest online or in person. Users should use their own discretion and care when they choose to (iv) book a space, (v) communicate with a Host online or in person.

All transactions on the Sniffspace platform are between Hosts (Listers) and Guests. The sole responsibility of evaluating the suitability of any listings prior to booking lays with the Guest. Our responsibilities are limited to facilitating the availability of the booking service and to collect payment for said bookings.

In order to register with Sniffspace, users are required to create a username, password and set up a user profile. This information will be verified by a Government agency and will include the uploading of Government ID at the time of registration. You agree by using Sniffspace that the information provided by you is a true representation, honest and accurate. Additionally you agree that you are responsible for your own profile and account and all activity associated with that account.

General code of conduct when using the Sniffspace platform, you agree:

To only use the site for its intended purpose in a lawful manner
Not to provide false information in your profile or during registration
Not to solicit other users information
Not to post any content or material that may be considered pornographic, sexually explicit, defamatory, threatening, harassing, abusive or that contains nudity or graphic violence, incite violence, violate any intellectual property rights, or violate the law or the legal rights of others
Not to submit any malicious code including viruses to the site
Not to source available space and then book that space offline directly with the Host
Not to post spam

Guest’s code of Conduct - When booking a Sniffspace, guests:

Agree to not leave their dog unattended at the property
Confirm that their dog has not previously bitten a person or animal and is not considered dangerous by the courts or animal control
Confirm they are over the age of 18
Agree that they will not attend a Host’s space under the influence of alcohol or drugs
Agree that they will not attend the property without a confirmed, paid booking
Agree that you are responsible for leaving the property in the condition it was in when you arrived
Acknowledge and agree that you are responsible for your and your dogs acts
Agree that Sniffspace is authorised to immediately charge your account for all fees and charges due

Hosts (Lister’s) code of Conduct - when listing a space on Sniffspace, hosts:

Confirm that the space they are listing is legally owned by them
Confirm that the description and any photos or videos are a true reflection of the property they are listing
Confirm they are over the age of 18
Agree that the property will be available to access to the guest at the confirmed booking date and time
Respond to enquiries in a timely manner (within 24 hours)
Respond to bookings in a timely manner (within 24 hours)
Will not cancel a Guest’s booking unless absolutely necessary

Hosts (Lister’s) liability protection is governed by the Waiver and Release.

Sniffspace reserve the right to terminate an arrangement with any Guest or Host if they have been found to be in breach of the code of conduct. The determination will be made by Sniffspace and its related bodies.

Cancellations and Refunds:

A guest may cancel a confirmed booking and receive a full refund up to and including 3 hours before the booking time. Sniffspace reserves the right to issue a full refund at their discretion to the Guest if their experience of the listing does not reflect what the Host detailed in their profile. In this case, there will be no payment made to the Host.

Extenuating Circumstances:

In the case of natural emergencies such as bush fires or floods making it impossible or impractical for the Guest to attend the booking, Sniffspace reserves the right to offer the Guest a refund under terms that may vary from a Hosts cancellation policy. Should a host need to cancel a booking, they are obligated to contact the Guest with as much notice as possible and email Sniffspace advising of the cancellation so they may issue the Guest a full refund. Refunds may take up to 5 working days to process.

Copyright Infringement:

Sniffspace takes every precaution necessary to avoid copyright, however if you feel, in good faith that Sniffspace has used content that may be copyrighted please send us written notice of said content with the following information:

A full description of the content you believed to be protected under copyright laws
The full URL where it is displayed
Full description of content
Your personal details including Name, Email address, residential address and phone number
A statement by you confirming that the above information is accurate and that you have legal permission to submit this information on behalf of the copyrighted party
Your signature, whether physically or in the form of a digital signature.

Indemnity:

Your use of the Sniffspace platform constitutes your agreement to release us from any and all liability for any claims, law suits, injuries, loss, harm and/or damages arising from any interaction between other users online or offline. You further agree to Indemnify Sniffspace, it’s representatives and others from any and all actions / injuries / damage caused by your dog to property, persons or other animals. By using Sniffspace, you are also agreeing to our Waiver and Release. YOU ACKNOWLEDGE AND AGREE, YOUR USE OF SNIFFSPACE IS AT YOUR SOLE AND EXCLUSIVE RISK.

Currency:

All fees and charges referenced or processed through Sniffspace are listed and payable in AUD.

Service Fees:

Sniffspace charge a service fee for each booking made through Sniffspace and is calculated as a percentage of the booking fee a guest agrees to pay. This service fee is deducted from the amount the Renter pays.

Price changes:

We reserve the right to at our sole discretion and without notice to discount or increase host prices.

Other than user content, Sniffspace and its licensors retain all right, title and interest in and to the Sniffspace.com service, the technology and software used to provide it, all electronic documentation and content available through the Sniffspace Service and all intellectual property and proprietary rights in the Sniffspace Service and such technology, software, documentation and content.

Trademarks:

All technology, software, content and imagery utilised throughout Sniffspace and its associated platforms including but not limited to Facebook, Instagram and the website belongs to Sniffspace and is not to be used by any third party. Sniffspace and its associates retain all rights, title and interest to all intellectual property and technology used to provide the Sniffspace service and its platform.

Sniffspace may allow its hosts and guests to use its trademarks, logos, colours and taglines for the sole purpose of advertising a space or sharing with friends, this usage is limited and revocable at any stage as a host or guest is not in good faith a part of the Sniffspace platform. It is also understood these rights are non-exlcusive, non-transferrable and may only be used in the way specified above.

No liability for non-Sniffspace.com.au actions:

Sniffspace will hold no legal liability whatsoever for any damages, injury or loss whether that be a direct or indirect incident arising from the use of the platform, or the conduct of any person/s or dog/s using the platform or its services. The waiver of liability extends to content posted, injury caused to person/s, dog/s or property and communication on or off the Sniffspace platform between third parties.

Arbitration:

This section should be read carefully and fully understood as it relates to the arbitration between your and Sniffspace an outlines processes, procedures and the extent of relieved that may be applicable to you

Claims:

You agree that any claims that arise between yourself and Sniffspace relating to any or all parts of the Sniffspace service, interactions with others and / or any terms relating to the use of Sniffspace will be resolved in accordance with the arbitration agreement. “Excluded claims” shall mean claims arising from the unlawful use of Sniffspace intellectual property, trademarks, logos etc. Claims that have been brought to small claims court (If applicable)

Agreement to Arbitrate:

When a claim arises (other than excluded claims) you agree that arbitration will take place between yourself and Sniffspace exclusively without the courts, social media or streamline media, and will constitute final and binding arbitration in accordance with the arbitration agreement.

Content:

At times when creating, editing or promoting your Sniffspace you may be asked / allowed / required to upload images of yourself, your space and also provide text, video, imagery or reviews. EG. Uploading an image of yourself when creating your profile for identification purposes.

Licence and release.

By uploading any or all content to the Sniffspace platform you grant Sniffspace full and irrevocable rights to use, amend, copy, display or broadcast this content for the purpose of promoting the Sniffspace platform. Exceptions exist on the use of personal information which will only be used and disclosed in accordance with our Privacy policy.

If within your content your name, voice or any other personally identifying feature is included you release Sniffspace from any claim or cause of action, whether it is known or unknown, for definition, invasion of privacy, or any similar claim arising out of the use of your content in accordance with the law.

Your legal obligations in relation to your content. You acknowledge that you are the owner, licensee or legal representative of your content. that you have the right to publish and permission to do so on Sniffspace and its associated platforms. You have the necessary releases from any person or dog that features in your content to do so on their behalf and that your content does not breach any of our content guidelines or the law.

Reviews

Sniffspace has no legal obligation to release the content of any review about you or your space / dog to you at any stage whether you are an active Sniffspace user or have ceased using our service. We also have no liability to you for the deletion, modification or disclosure of these reviews. We reserve the right to monitor, edit or remove reviews that breach our terms of service at any time without notification.

Confidentiality

All aspects of any arbitration, dispute or claim will be strictly confidential between the claimant and Sniffspace.

Severability

If any clause, term or provision is found to be invalid or unenforceable, ir will be so held to the minimum extent of the law and all other terms, clauses and provisions will be upheld.

This agreement is binding and may be updated from time to time for the benefit of Sniffspace, hosts and guests. Sniffspace is under no obligation to inform you of such updates.