Terms of Service

1. Agreement to Terms

By accessing or using the Whisko platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). The Service is operated by Sydney Smart Dog Pty Ltd (ABN to be confirmed), a company registered in New South Wales, Australia ("Company", "we", "us", "our").

If you do not agree with any part of these Terms, you must not access or use the Service.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using Whisko, you represent and warrant that you meet these requirements.

3. Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your account credentials secure and confidential.
• Notify us immediately at hello@whisko.com.au if you suspect unauthorised access to your account.
• Accept responsibility for all activities that occur under your account.

4. Use of the Service

The Service is designed to help pet grooming businesses manage bookings, client records, pet profiles, and related business operations. You agree to use the Service only for its intended purpose and in accordance with all applicable laws.

You must not:

• Use the Service for any unlawful, fraudulent, or malicious purpose.
• Attempt to gain unauthorised access to any part of the Service, other users' accounts, or our systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Upload or transmit viruses, malware, or any harmful code.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Resell, sublicence, or redistribute the Service without our prior written consent.

5. Your Data

You retain ownership of all data you enter into the Service ("Your Data"), including client information, pet profiles, appointment records, and business details. You grant us a limited licence to use, store, and process Your Data solely for the purpose of providing and improving the Service.

We will handle Your Data in accordance with our Privacy Policy.

You are solely responsible for the accuracy and legality of the data you enter into the Service, including obtaining any necessary consent from your clients to store their personal information.

6. Fees and Payment

Certain features of the Service may require a paid subscription. Fees are as displayed on our website at the time of purchase and are quoted in Australian Dollars (AUD) unless stated otherwise.

• Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your chosen plan).
• All fees are non-refundable unless otherwise stated or required by Australian Consumer Law.
• We reserve the right to change our fees upon reasonable notice. Continued use of the Service after a fee change constitutes acceptance of the new fees.

7. Intellectual Property

The Service and its original content (excluding Your Data), features, and functionality are and will remain the exclusive property of Sydney Smart Dog Pty Ltd. This includes the Whisko name, logo, visual design, software code, and all related intellectual property.

You may not copy, modify, distribute, or create derivative works based on any part of the Service without our express written permission.

8. Availability and Modifications

We aim to keep the Service available at all times but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice.

We will make reasonable efforts to notify you of any significant changes that affect your use of the Service.

9. Termination

You may close your account at any time by contacting us at hello@whisko.com.au.

We may suspend or terminate your access to the Service immediately, without prior notice, if we reasonably believe you have violated these Terms or if required by law.

Upon termination, your right to use the Service ceases immediately. We will delete or anonymise Your Data within a reasonable timeframe following termination, unless we are required to retain it for legal or regulatory purposes.

10. Limitation of Liability

To the maximum extent permitted by law, Sydney Smart Dog Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Service.

Our total liability for any claim arising under these Terms shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993 that cannot be lawfully excluded or limited.

11. Indemnification

You agree to indemnify and hold harmless Sydney Smart Dog Pty Ltd, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. When we do, we will update the "Last updated" date at the top of this page and, if the changes are material, notify you via email or through the platform. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.

14. Contact Us

If you have any questions about these Terms of Service, please contact us:

Sydney Smart Dog Pty Ltd
Email: hello@whisko.com.au