TERMS AND CONDITIONS
Last updated 14 September 2026
AGREEMENT TO OUR LEGAL TERMS
We are Thorough Repository Pty Ltd ('Thorough Repository', 'we', 'us', or 'our'), a company registered in Australia at Unit 2, 3 Northward Street, Upper Coomera, Queensland 4209. Our ABN is 91 670 055 286.
We operate the website https://www.thoroughrepository.com (the 'Site'), the ThoroughRepository platform and mobile application (the 'Platform'), and any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
You can contact us by phone at +61 421 485 968, by email at contact@thoroughvet.com, or by mail at Unit 2, 3 Northward Street, Upper Coomera, Queensland 4209, Australia.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Thorough Repository Pty Ltd, concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, you are prohibited from using the Services and must discontinue use immediately.
Supplemental terms or documents posted on the Services from time to time are expressly incorporated by reference. We may make changes to these Legal Terms from time to time. We will alert you to any changes by updating the 'Last updated' date, and where the change is material we will give you reasonable notice by email or through the Services before it takes effect. It is your responsibility to review these Legal Terms periodically. Your continued use of the Services after revised Legal Terms are posted means you accept them.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.
We recommend that you print or save a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- Our Services
- Nature of the Services and veterinary responsibility
- Intellectual property rights
- User representations
- User registration
- Purchases, subscriptions and payment
- Prohibited activities
- Your content and the licence you grant us
- Mobile application licence
- Third-party websites and content
- Services management
- Privacy and data use
- Copyright infringements
- Term and termination
- Modifications and interruptions
- Corrections
- Disclaimer
- Limitations of liability
- Australian Consumer Law
- Indemnification
- User data and backups
- Force majeure
- Publicity and use of names
- Electronic communications, transactions and signatures
- SMS text messaging
- Governing law and dispute resolution
- California users and residents
- Miscellaneous
- Contact us
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within that jurisdiction or country. Persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws apply.
The Services are not tailored to comply with sector-specific regulatory regimes in every jurisdiction. If your intended use of the Services would subject you or us to regulatory obligations we have not expressly agreed to meet, you may not use the Services without our prior written agreement.
2. NATURE OF THE SERVICES AND VETERINARY RESPONSIBILITY
The Services are a software platform for creating, storing, managing and sharing veterinary reports, records, imaging and related material. We are not a veterinary practice and we do not provide veterinary advice, diagnosis, examination, opinion or treatment.
Where a veterinarian or veterinary practice ('Veterinary User') uses the Services to prepare, record or deliver a report, examination finding, opinion, image or recommendation ('Veterinary Content'):
- the Veterinary User is solely responsible for the clinical accuracy, completeness, adequacy and professional standard of that Veterinary Content;
- the Veterinary User is solely responsible for their professional registration, insurance, record-keeping obligations, and compliance with applicable veterinary practice legislation and codes of conduct;
- the Veterinary User is solely responsible for the engagement, scope of work, fees and terms agreed with their own client; and
- we act only as the technology provider that hosts, formats, stores and transmits that Veterinary Content at the direction of the Veterinary User.
If you receive, review or rely on Veterinary Content through the Services, you acknowledge that you are relying on the Veterinary User who produced it and not on us. Nothing in the Services creates a veterinarian-client-patient relationship between you and us, and nothing in the Services should be treated as a warranty by us as to the condition, soundness, value or suitability of any horse or other animal.
We do not verify the registration, qualifications, competence or insurance of any Veterinary User, and we do not audit, review or endorse any Veterinary Content.
3. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website and application designs, audio, video, text, photographs and graphics (collectively, the 'Content'), as well as the trademarks, service marks, trade names and logos contained in them, including ThoroughRepository (the 'Marks').
The Content and Marks are protected by copyright, trademark and other intellectual property and unfair competition laws in Australia and internationally.
The Content and Marks are provided in or through the Services 'as is' for your personal use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'Prohibited activities' section below, we grant you a non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal use or internal business purpose.
Except as set out in this section or elsewhere in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
If you wish to use the Services, Content or Marks other than as set out in these Legal Terms, please email contact@thoroughvet.com. If we grant permission to post, reproduce or publicly display any part of our Services or Content, you must identify us as the owner or licensor and ensure any copyright or proprietary notice remains visible.
We reserve all rights not expressly granted to you in the Services, Content and Marks.
Any breach of this section is a material breach of these Legal Terms, and your right to use the Services will terminate immediately.
Feedback
If you send us a question, comment, suggestion, idea or other feedback about the Services ('Feedback'), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that Feedback to operate and improve the Services, without acknowledgment or compensation to you. Feedback does not include your Content as defined in section 8, and does not include any confidential clinical or commercial information you send us in the ordinary course of using the Services.
4. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current and complete; (2) you will maintain the accuracy of that information and update it promptly as necessary; (3) you have the legal capacity to agree to and comply with these Legal Terms; (4) you are at least 18 years of age; (5) you will not access the Services through automated or non-human means except as we expressly permit; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.
5. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and you are responsible for all activity under your account. You must notify us promptly at contact@thoroughvet.com if you become aware of any unauthorised use of your account. We may remove, reclaim or change a username you select if we reasonably determine it is inappropriate, misleading, obscene or otherwise objectionable.
If you register on behalf of an organisation, you represent that you have authority to bind that organisation, and 'you' includes that organisation.
6. PURCHASES, SUBSCRIPTIONS AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- Credit card
- Bank transfer
- Wise
All payments are in Australian dollars (AUD) unless we agree otherwise in writing.
You agree to provide current, complete and accurate purchase and account information for all purchases made via the Services, and to update that information promptly, including your email address, payment method and payment card expiry date, so that we can complete your transactions and contact you as needed. GST or other applicable taxes will be added to the price of purchases where required.
You agree to pay all charges at the prices in effect for your purchases, and you authorise us to charge your chosen payment provider for those amounts. We may correct errors or mistakes in pricing even if we have already requested or received payment.
Where the Services are provided on a subscription basis, the subscription continues for the term you selected and renews automatically for successive terms of the same length unless you cancel before the end of the then-current term. We may change subscription prices, and we will give you at least 30 days' notice before a price change takes effect for your next renewal. If you do not accept a price change, you may cancel before it takes effect.
Except where a refund is required by law, including under the Australian Consumer Law, fees already paid are non-refundable and amounts paid for a partial subscription period are not pro-rated on cancellation.
We may refuse any order placed through the Services, and may limit or cancel quantities purchased per person, per organisation or per order.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
- Trick, defraud or mislead us or other users, in particular in any attempt to obtain sensitive account information such as passwords.
- Circumvent, disable or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Services.
- Use any information obtained from the Services to harass, abuse or harm another person.
- Make improper use of our support services, or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable law or regulation.
- Engage in unauthorised framing of, or linking to, the Services.
- Upload or transmit, or attempt to upload or transmit, viruses, Trojan horses, or other material that interferes with any party's use and enjoyment of the Services, or that modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services.
- Engage in any automated use of the system, including data mining, robots, scrapers or similar data gathering and extraction tools, except as we expressly permit.
- Delete any copyright or other proprietary rights notice from any Content.
- Impersonate another user or person, or use the username of another user.
- Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including clear GIFs, 1x1 pixels, web bugs, cookies, or similar devices.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, intimidate or threaten any of our employees or agents.
- Attempt to bypass any measures of the Services designed to prevent or restrict access.
- Copy or adapt the software of the Services.
- Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or making up part of the Services.
- Collect usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or create user accounts by automated means or under false pretences.
- Use the Services, the Content or any data obtained through the Services to build, train or improve a competing product or service.
- Sell, resell, sublicense or otherwise transfer your account or access to the Services.
- Submit or upload any content that is unlawful, defamatory, harassing, discriminatory, obscene, deceptive or misleading, or that infringes the rights of any third party.
8. YOUR CONTENT AND THE LICENCE YOU GRANT US
Your Content
The Services allow you to create, upload, submit, store, transmit and share content and materials, including veterinary reports, clinical notes, imaging, radiographs, video, photographs, documents, horse and client records, comments and other material (collectively, 'Your Content').
You own Your Content. We do not claim ownership of Your Content, and nothing in these Legal Terms transfers ownership of Your Content or any intellectual property rights in it to us.
The licence you grant us
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, back up, reproduce, reformat, transmit, display and distribute Your Content, and to make it available to the recipients and third parties you direct, solely for the purposes of:
- operating, maintaining, securing and providing the Services to you;
- delivering Your Content to the people and organisations you choose to share it with through the Services;
- providing support, troubleshooting and service continuity; and
- complying with our legal obligations.
This licence lasts only for as long as we host Your Content, and ends when Your Content is deleted from the Services, subject to our retention of backups for a reasonable period and any retention required by law. We will not sell Your Content, use it for advertising, or publish it outside the Services, except with your prior written consent.
Aggregated and de-identified data
We may create aggregated and de-identified data derived from use of the Services, including statistical, benchmarking and analytical data, and may use that data for any lawful business purpose including improving the Services, reporting and marketing. Aggregated and de-identified data will not identify you, your clients, your patients, or any individual horse or person, and will not contain Your Content in an identifiable form. We will handle personal information in accordance with our Privacy Policy.
Your warranties
By submitting Your Content, you represent and warrant that:
- you are the owner of Your Content, or you have all necessary rights, licences, consents, releases and permissions to submit it and to grant the licence above;
- Your Content does not infringe the intellectual property, privacy, confidentiality or other rights of any third party;
- you have obtained any consent required from your clients, patients' owners and any identifiable individual appearing in Your Content;
- Your Content is not false, misleading, defamatory, obscene, harassing, discriminatory or otherwise unlawful; and
- your submission of Your Content complies with all applicable laws, professional obligations and codes of conduct.
You are solely responsible for Your Content. You agree to reimburse us for any loss we suffer as a result of your breach of this section, any third party's intellectual property rights, or applicable law.
Removal
We have no obligation to monitor Your Content. We may remove, restrict access to or disable Your Content without notice if we reasonably consider it unlawful, harmful, or in breach of these Legal Terms. Where we do so and it is reasonable in the circumstances, we will notify you.
9. MOBILE APPLICATION LICENCE
Use licence
If you access the Services via a mobile application ('App'), we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You must not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation or derivative work from the App; (3) violate any applicable laws, rules or regulations in connection with your access or use of the App; (4) remove, alter or obscure any proprietary notice posted by us or our licensors; (5) use the App for any purpose for which it is not designed or intended; (6) make the App available over a network permitting access or use by multiple devices or users at the same time beyond the licences you have purchased; (7) use the App to create a product, service or software that is competitive with or a substitute for the App; (8) use the App to send automated queries to any website or to send unsolicited commercial email; or (9) use our proprietary information or interfaces in the design, development, manufacture, licensing or distribution of any competing applications, accessories or devices.
Apple and Android devices
The following terms apply when you use an App obtained from the Apple App Store or Google Play (each an 'App Distributor'): (1) the licence granted to you is limited to a non-transferable licence to use the App on a device running the Apple iOS or Android operating system, in accordance with the applicable App Distributor's usage rules; (2) we, and not the App Distributor, are responsible for providing maintenance and support services for the App as specified in these Legal Terms or as required by law; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the App Distributor, which may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by law the App Distributor will have no other warranty obligation; (4) you represent that you are not located in a country subject to an embargo by the Australian or United States government, and are not listed on any applicable list of prohibited or restricted parties; (5) you must comply with applicable third-party terms when using the App; and (6) you acknowledge that the App Distributors are third-party beneficiaries of this section and may enforce it against you.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent via the Services, links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, information, applications, software and other content belonging to or originating from third parties ('Third-Party Content'). Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for them, including their content, accuracy, opinions, reliability or privacy practices. Inclusion of or linking to any Third-Party Website or Third-Party Content does not imply our approval or endorsement.
If you leave the Services to access a Third-Party Website or to use or install Third-Party Content, you do so at your own risk, and these Legal Terms no longer govern. You should review the applicable terms and policies of any website you navigate to from the Services. Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party, and we take no responsibility for them.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for breaches of these Legal Terms; (2) take appropriate legal action against anyone who, in our reasonable opinion, breaches the law or these Legal Terms, including reporting that user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable any of Your Content or any part of it, where we reasonably consider it necessary; (4) remove from the Services or disable files and content that are excessive in size or unduly burdensome to our systems, where we reasonably consider it necessary; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY AND DATA USE
We care about data privacy and security. Personal information collected through the Services is handled in accordance with our Privacy Policy, available at https://www.thoroughrepository.com/privacy-policy, which is incorporated into these Legal Terms. By using the Services, you consent to the collection, use and disclosure of personal information as described in the Privacy Policy.
The Services are hosted in Australia, the United States, the United Kingdom and France. If you access the Services from another region with laws governing personal data collection, use or disclosure that differ from the laws of those countries, then by continuing to use the Services you consent to your data being transferred to and processed in those countries.
Where you upload personal information about your clients or other individuals, you are responsible for ensuring you have a lawful basis for doing so and for providing any notices or obtaining any consents required under applicable privacy law.
13. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that material available on or through the Services infringes a copyright you own or control, please notify us using the contact details in section 29 (a 'Notification'). A copy of your Notification may be sent to the person who posted or stored the material. You may be liable for damages if you make material misrepresentations in a Notification, so if you are unsure whether the material infringes your copyright, you should consider obtaining legal advice first.
14. TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services.
We may suspend or terminate your access to the Services, including by blocking certain IP addresses, if you breach these Legal Terms or any applicable law or regulation, if your account is used in a way that creates risk or possible legal exposure for us or other users, or if you have not paid amounts due. Where practicable and reasonable in the circumstances, we will give you notice before doing so, and where the breach is capable of remedy we will give you a reasonable opportunity to remedy it.
We may also terminate or suspend your access on 30 days' written notice if we cease to offer the Services or the relevant part of the Services. If we do so, we will refund any prepaid fees covering the period after termination.
On termination, you may request an export of Your Content within 30 days, and we will provide it in a commonly used electronic format. After that period we may delete Your Content, subject to any retention required by law.
If we terminate or suspend your account for breach, you must not register a new account under your name, a fake or borrowed name, or the name of any third party. We also reserve the right to take appropriate legal action.
15. MODIFICATIONS AND INTERRUPTIONS
We may change, modify or remove the contents of the Services at any time at our discretion, but we will not make a change that materially reduces the core functionality you have paid for during a paid subscription term without giving you reasonable notice and the option to cancel and receive a pro-rata refund for the unused period.
We cannot guarantee the Services will be available at all times. We may experience hardware, software or other problems, or need to perform maintenance, resulting in interruptions, delays or errors. We will use reasonable efforts to schedule planned maintenance outside ordinary business hours and to give advance notice of it where practicable. Subject to section 19, we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Services during downtime or discontinuance.
16. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Services at any time, without prior notice.
17. DISCLAIMER
Subject to section 19, the Services are provided on an 'as is' and 'as available' basis, and your use of the Services is at your sole risk.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use of them, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' Content, of any Veterinary Content, or of the content of any website or mobile application linked to the Services, and, subject to section 19, we assume no liability or responsibility for:
- errors, mistakes or inaccuracies of content and materials, including Veterinary Content;
- personal injury or property damage of any nature resulting from your access to and use of the Services;
- any unauthorised access to or use of our secure servers, or any personal or financial information stored on them;
- any interruption or cessation of transmission to or from the Services;
- any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Services by any third party; or
- any errors or omissions in any content and materials, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Services.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Services, and we will not be a party to, or responsible for monitoring, any transaction between you and any third-party provider of products or services.
18. LIMITATIONS OF LIABILITY
Subject to section 19, and to the fullest extent permitted by law:
- neither we nor our directors, employees or agents will be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, lost revenue, loss of data, loss of goodwill or loss of business opportunity, arising from or in connection with your use of the Services, even if we have been advised of the possibility of such damages; and
- our total aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of (a) the total amount paid by you to us during the six (6) month period immediately before the event giving rise to the claim, and (b) one hundred Australian dollars (AUD 100).
Nothing in these Legal Terms limits or excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded by law.
Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
19. AUSTRALIAN CONSUMER LAW
Nothing in these Legal Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded, restricted or modified.
If the Australian Consumer Law applies to you, our goods and services come with guarantees that cannot be excluded. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Where the Australian Consumer Law permits us to limit our liability for a breach of a consumer guarantee, and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
Any provision of these Legal Terms is to be read subject to this section.
20. INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our subsidiaries, affiliates, and our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable legal fees and expenses, made by any third party arising out of:
- Your Content, including any Veterinary Content you produce or supply;
- your use of the Services;
- your breach of these Legal Terms;
- any breach of your representations and warranties in these Legal Terms;
- your violation of the rights of a third party, including intellectual property and privacy rights; or
- any harmful act by you toward another user of the Services.
Your obligation under this section is reduced to the extent that the loss, damage, liability, claim or demand is caused or contributed to by our own negligence, wilful misconduct or breach of these Legal Terms.
We will notify you of any claim, action or proceeding subject to this indemnity promptly after becoming aware of it, and will not settle any such claim without your prior written consent, not to be unreasonably withheld. We may, at your reasonable expense, assume the defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with that defence.
21. USER DATA AND BACKUPS
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.
We perform regular routine backups of data. However, you remain responsible for maintaining your own copies of any data that you are required to retain under your professional, regulatory or record-keeping obligations. Subject to section 19 and to our obligation to take reasonable care, we are not liable for any loss or corruption of data.
22. FORCE MAJEURE
We will not be liable for any failure to perform, or delay in performing, our obligations under these Legal Terms where the delay or failure is caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, industrial disputes, natural disasters, failure of communication networks or hosting providers, or government action (a 'Force Majeure Event'). If a Force Majeure Event continues for more than thirty (30) days, either party may terminate these Legal Terms by written notice to the other, and we will refund any prepaid fees covering the period after termination.
23. PUBLICITY AND USE OF NAMES
Neither party may issue a press release or public announcement that names the other party in connection with these Legal Terms without the other party's prior written consent, not to be unreasonably withheld. This does not prevent either party from making a disclosure required by law, a regulator, or a court.
You may state factually that you use the Services. We may identify you as a customer, and use your name and logo, in our customer lists and marketing materials, only with your prior written consent, which you may withdraw at any time on written notice.
Nothing in this section restricts your right to make honest public comment about the Services, or to raise a complaint with any regulator, professional body or consumer protection agency.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Services, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, by email and on the Services, satisfy any legal requirement that such communication be in writing.
You agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Services, to the extent permitted by law.
25. SMS TEXT MESSAGING
Opting out. If at any time you wish to stop receiving SMS messages from us, reply to the message with 'STOP'. You may receive an SMS confirming your opt out. This does not affect transactional or service messages necessary to provide the Services, such as security codes.
Message and data rates. Message and data rates may apply to SMS messages sent or received. Those rates are determined by your carrier and your mobile plan.
Support. If you have questions about our SMS communications, email contact@thoroughvet.com or call +61 421 485 968.
26. GOVERNING LAW AND DISPUTE RESOLUTION
These Legal Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts of appeal from them.
Informal negotiation. Before commencing court proceedings, each party agrees to first attempt to resolve any dispute, controversy or claim relating to these Legal Terms (a 'Dispute') informally for at least thirty (30) days. Informal negotiations commence on written notice from one party to the other setting out the nature of the Dispute and the outcome sought. Each party will make a senior representative available to participate in good faith.
Mediation. If a Dispute is not resolved through informal negotiation, the parties will, before commencing proceedings, attempt to resolve it by mediation administered by the Australian Disputes Centre in Brisbane, in accordance with its mediation guidelines. The parties will share the mediator's costs equally and bear their own costs.
Exceptions. The requirements above do not apply to: (a) a claim seeking urgent injunctive or other interlocutory relief; (b) a claim seeking to enforce or protect, or concerning the validity of, a party's intellectual property rights; or (c) a claim for unpaid fees.
No class actions. To the full extent permitted by law, any Dispute will be resolved between the parties individually, and not on a class-action or representative basis.
Nothing in this section prevents you from making a complaint to a regulator, an ombudsman scheme, or any other body with jurisdiction, or affects any right you have under the Australian Consumer Law.
27. CALIFORNIA USERS AND RESIDENTS
If a complaint with us is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These Legal Terms, together with any policies or operating rules posted by us on or in respect of the Services, constitute the entire agreement between you and us and supersede any prior agreement or understanding on their subject matter.
Our failure to exercise or enforce any right or provision of these Legal Terms does not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations under these Legal Terms to a related body corporate or in connection with a sale of our business, on notice to you. You may not assign your rights or obligations without our prior written consent.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void or unenforceable, that provision or part is severed and does not affect the validity and enforceability of the remaining provisions.
No joint venture, partnership, employment or agency relationship is created between you and us by these Legal Terms or your use of the Services.
You agree that these Legal Terms will not be construed against us merely because we drafted them.
29. CONTACT US
To resolve a complaint regarding the Services, or to obtain further information about using the Services, please contact us at:
Thorough Repository Pty LtdABN 91 670 055 286
Unit 2, 3 Northward Street
Upper Coomera, Queensland 4209
Australia
Phone: +61 421 485 968
Email: contact@thoroughvet.com