APP TERMS & CONDITIONS
Welcome to the bestie app (thebestie.app)– where you can take the guesswork out of making your own dog food!
When we talk about "Bestie Kitchen”, "we," "our," or "us" in these Terms, we are referring to the Bestie Kitchen Pty Ltd ABN 70 630 372 860. When we talk about the "Services" or “the bestie app", in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you'll be taken to have agreed to the Terms as modified.
In order to use the Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access the Services if these facts are not true.
In order to use the Services, you will be required to sign up for an account (bestie app account).
When you register for a the bestie app account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you're solely responsible for:
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your the bestie app information or your password.
As part of using the Services, you'll be uploading images, content, information and materials you share with us or the public (including information about your animal, including its age, weight, breed and any medical history), including by using the features of the app, sharing content via the app on social media or by contacting us, or when you register a bestie app account (Posted Materials).
By providing or posting any Posted Materials, you represent and warrant that:
By uploading any Posted Materials, you grant to Bestie Kitchen (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Bestie Kitchen to use, exploit or otherwise enjoy the benefit of such Posted Material.
We don't have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.
Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.
The Services may contain text, images, data and other content provided by a third party (Third Party Content). We're not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
The Services are made available to you strictly on an 'as is' basis. We can't guarantee, and make no warranties, to the extent permitted by law, that:
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
To the maximum extent permitted by applicable law, Bestie Kitchen limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
The recommended feed portions in the bestie app are estimates based on industry-accpeted Resting and Maintenance Energy Requirements and formulas. However, it’s impossible to determine exactly how many kilocalories a dog needs, even if we take a dog’s age and exercise habits into consideration, because every dog’s metabolism varies. Therefore, the quantity of food that’s right for the dog, may vary by as much as 20%. Dog owners should adjust feed portions up or down to maintain an ideal body condition.
While every effort is made to ensure that the Goods are safe for animal consumption, and that the Services accurately calculate the correct portions to give your dog, you accept liability for, and release Bestie Kitchen from any and all claims in relation to, any adverse outcome for your animal, including where your dog gains weight, develops joint pain, cardiovascular issues, muscular issues, bone issues or any other medical issue. If you think your dog is experiencing symptoms, you must not hesitate to take them to a vet. Do not use our Website in leiu of professional veterinarian advice.
You agree to indemnify Bestie Kitchen and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Bestie Kitchen’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
To the maximum extent permitted by law, under no circumstances will Bestie Kitchen be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You are responsible for the cancellation of your Company Account. You can cancel your Company Account at any time by using the functionality provided in the app.
To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason.
We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
Upon cancellation, termination or expiry of your Company Account, we will delete any Posted Materials associated with your Company Account. You won't be able to recover any of this after cancellation, termination or expiry of your Company Account so we recommend you back up anything important to you. We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Company Account.
The sections titled "Your Content", "Disclaimer", "Survival" and "General" will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.
You can't assign, novate or otherwise transfer your rights or obligations under this agreement without the prior consent of Bestie Kitchen.
This agreement is governed by the law applying in New South Wales, Australia.
The courts located in New South Wales, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.
Bestie Kitchen controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You're solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.