Legal
Terms of Service — Offleash Walker Portal
1.Agreement and acceptance
These Terms of Service ("Terms") form a binding legal agreement between you ("you", "your", "walker") and BetSense Pty Ltd t/a Offleash Pack (ABN 37 673 664 447) ("Offleash", "we", "us", "our"), the company that operates the Offleash Walker Portal at www.offleashpack.com.au (the "Portal").
By creating an Offleash Pack account, clicking "I agree," or otherwise using the Portal, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Portal.
These Terms apply alongside our Privacy Policy, which is incorporated into these Terms by reference. If there is a conflict between these Terms and the Privacy Policy on a privacy matter, the Privacy Policy prevails.
2.About Offleash Pack
Offleash Pack is a software platform that provides professional dog walkers with tools to manage their dog walking business. The platform consists of two connected tools:
- The Offleash Pack portal (www.offleashpack.com.au) — your business hub for scheduling, client management, invoicing, analytics, and reporting, accessed from a browser.
- The Offleash app — the field tool used during walks for event logging, photo capture, and AI-assisted report card delivery, available on iOS and Android.
Both tools share a single Offleash account. Activating an Offleash Pack account also activates your walker features within the Offleash consumer app. No separate download or setup is required.
Offleash Pack is built on the Offleash platform — Australia's dog park social network at getoffleash.com.au. Where Offleash displays a walker profile, yours is visible to dog owners using the Offleash consumer app. This connection is a core part of the service and cannot be disabled while your account is active.
3.Eligibility
To use the Portal, you must:
- Be at least 18 years of age
- Be a natural person, sole trader, or authorised representative of a business entity
- Hold a valid Australian Business Number (ABN) if you intend to process client payments through the Portal
- Have the legal right to provide dog walking services in Australia
- Not be prohibited from using the Portal under these Terms or applicable law
The Portal is intended for use in Australia. We make no representation that the Portal is appropriate or available for use in other countries. If you access the Portal from outside Australia, you do so at your own risk and are responsible for compliance with local laws.
4.Account registration and security
Registration
To use the Portal, you must create an account. You may register using your email address and a password, or via Google OAuth. You agree to provide accurate, current, and complete information during registration and to keep it up to date.
Account security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at pack@offleashpack.com.au if you become aware of any unauthorised access to or use of your account.
One account per walker
Each individual walker may hold only one Offleash Pack account. Accounts for a team of walkers are not yet available. You must not create additional accounts to circumvent suspension, termination, or a plan's limits.
Account accuracy
You must not impersonate another person, use a false name, or misrepresent your qualifications, insurance status, or ABN. Offleash may verify information you provide and may suspend or terminate your account if we have reason to believe it contains false or misleading information.
5.The services
Subject to your compliance with these Terms and payment of applicable fees, Offleash grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Portal for your own professional dog walking business purposes.
The specific features available to you depend on your subscription plan. Current pricing and plan features are published at www.offleashpack.com.au. In the event of any inconsistency between these Terms and the pricing or features displayed on the website, the website prevails, except that a price increase takes effect only as Section 9 (Price changes) sets out. Offleash reserves the right to modify the features included in any plan with reasonable notice (see Section 19).
Service availability
We aim to keep the Portal available at all times but do not guarantee uninterrupted access. Planned maintenance will be communicated at least 5 business days in advance where practicable. Emergency maintenance may occur without notice. Offleash is not liable for losses arising from temporary unavailability of the Portal, planned or otherwise.
Third-party services
The Portal integrates with third-party services including Stripe (payments), Resend (email delivery), PostHog (analytics), Anthropic (AI), and Xero. Your use of those integrations is also governed by those providers' own terms of service, which you should review before enabling any integration. Offleash is not responsible for the availability or conduct of third-party services.
Communications
By creating an account, you consent to receive transactional communications from Offleash by email, including account confirmations, walk reminders, report card delivery notices, payment receipts, and service notifications. These communications are necessary to operate the Portal and cannot be fully opted out of while your account is active.
You may also receive occasional product updates and feature announcements from Offleash. You may opt out of these marketing communications at any time via the unsubscribe link in any such email.
When using the Portal's client messaging feature and sending automated notifications to your clients on your behalf (such as walk start notifications, report cards, and appointment reminders), you are responsible for complying with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth). In particular, you must obtain appropriate consent from your clients before sending them marketing communications through the Portal, and you must honour all opt-out requests promptly.
6.Your status as an independent contractor
Offleash provides the Portal as a software platform. We do not direct, supervise, or control the dog walking services you provide to your clients. You set your own rates, hours, and working conditions. You are solely responsible for:
- The quality and safety of the dog walking services you deliver
- Your own tax obligations, including income tax, GST (if applicable), and superannuation
- Any insurance your business needs (see Section 7)
- Complying with all laws applicable to operating a dog walking business in your state or territory
- Any employment or contractor obligations you have to your own staff walkers
Offleash does not guarantee a minimum number of clients or any level of income. The Portal is a tool — how you use it to build your business is entirely your decision.
7.Walker obligations and professional standards
Insurance
Whether your business is insured, and for what, is your decision. Offleash does not require insurance to use the Portal. Offleash does not check insurance or any other credential. You can record the credentials you hold under Credentials in Portal Settings. If Offleash shows them to dog owners, it shows them as your own declaration, and you are responsible for their accuracy (see Section 4).
ABN
If you accept card payments from clients through the Portal, you are responsible for holding an ABN where the law requires one. Offleash does not check that you hold one. See Section 11 for details.
Accurate walk records
Walk records and report cards reach your clients through Offleash, and can appear in a dog owner's Offleash app. What you log through the Portal must be true: you must not record events that did not happen, or send a report card that misstates a walk. How you run your walks is otherwise yours to decide (see Section 6).
Client communications
You agree to use the Portal's messaging feature professionally and in accordance with these Terms. You must not use client contact details obtained through the Portal for purposes unrelated to your dog walking services.
Incident reports
The Portal lets you record an incident involving a dog in your care, such as an injury, an escape, or an encounter with another animal. Whether and when to record one is up to you. Once submitted, an incident report cannot be edited, though you can add addenda to it, so it stands as a record of what you reported at the time.
Your records
Keeping the records your business needs, such as tax records for as long as the ATO requires, is your responsibility. The Portal is not a record-keeping service you can rely on for that, so keep your own copies of what you need, such as the invoice PDFs and walk reports it sends. You can also ask for an export of your data (see Section 15). What Offleash itself keeps, and for how long, is in the Privacy Policy.
Compliance
You are responsible for complying with all laws applicable to operating a dog walking business in your state or territory, including any local council requirements for group walk sizes, leashing, or permits.
8.Client relationships and responsibilities
Your clients are your clients, not Offleash's. The contractual relationship for dog walking services is between you and your clients. Offleash is not a party to that relationship and is not liable for disputes between you and your clients.
When you invite a client to the Portal, you take on responsibility for:
- Obtaining appropriate consent from your clients to collect and store their personal information through the Portal
- Providing clients with clear information about your service terms, cancellation policy, and pricing
- Handling client complaints and disputes fairly and promptly
- Complying with the Australian Consumer Law in your dealings with clients, including in relation to refunds and service guarantees
Offleash may provide standard template language for client onboarding to assist you. This is provided as a convenience only and does not constitute legal advice. You should seek independent legal advice if you are uncertain about your obligations to your clients.
If Offleash receives a complaint from one of your clients relating to your conduct or the services you have provided, we may investigate and take action under Section 16 (Suspension and termination) if warranted.
9.Subscription plans and billing
Plans and pricing
Offleash Pack is available on the following plans. All prices are in AUD and inclusive of GST. Current pricing is always available at www.offleashpack.com.au; where any inconsistency exists between the table below and the website, the website prevails, except that a price increase takes effect only as Price changes below sets out.
| Plan | Monthly | Active clients |
|---|---|---|
| Starter | Free | 3 active clients |
| Solo | A$19 | 15 active clients |
| Solo Plus | A$49 | Unlimited active clients |
An active client is a client you schedule a walk for, or issue an invoice to, in a calendar month (Melbourne time). Paid plans are billed monthly. There are no annual plans and no free trials: the Starter plan is free for as long as you use it.
Going over your plan's active clients
You may go over your plan's active clients in any month, and you may always add clients. If a month ends with more active clients than your plan covers, the next month is limited: the clients you work with first in it, up to the number your plan covers, are unaffected, and for any others the Portal will not schedule new walks, or send an invoice that charges for anything other than walks already in the Portal. The limit lifts as soon as you move to a plan that covers them, and a month that ends within your plan leaves the next one unlimited. Walks already booked go ahead, every invoice already sent can still be paid, and nothing is hidden or deleted.
Payment method
All subscription fees are collected automatically by credit card. No invoice-based billing is available. By subscribing to a paid plan, you authorise Offleash to charge your nominated card on each billing date without further authorisation.
Billing cycle
Your subscription renews automatically each month on the date your paid plan began.
Failed payments and overdue accounts
If a payment for your plan fails, we'll email you, and our payment processor will retry it automatically over the following two weeks. You can update your payment method at any time in Billing.
Your paid features keep working for 14 days after the first failed payment. If the payment still hasn't gone through by then, your account works as the Starter plan, with Starter's limits, including its active-client limit, until the payment succeeds.
If every retry fails, your paid plan is cancelled and your account moves to the Starter plan. To return to a paid plan, choose one again in Billing. Any amount that failed remains owing.
A failed payment never deletes or locks away your clients, walks, invoices or reports.
Upgrades and downgrades
You may upgrade your plan at any time. Your new plan begins immediately, and the difference in price for the rest of your current billing period, worked out pro rata, is added to your next invoice.
You may downgrade your plan at any time; the change takes effect at the end of your current billing period. No refunds or credits are issued for unused time on a higher plan when downgrading.
Price changes
Offleash will give you at least 30 days' written notice, by email to the address on your account, before any of these goes up:
- the monthly price of your plan
- Offleash's service fee on card payments (Section 11), including its cap
- the number of active clients your plan covers, if it goes down
The notice will say what is changing and the date it takes effect. A higher plan price is first charged on your first billing date on or after that date, and a higher service fee applies only to card payments made on or after it. Before then you may cancel, or move to a cheaper plan, at no charge, and you will not be charged the higher price. A price that goes down may take effect immediately.
Stripe's own fees are set by Stripe under your agreement with Stripe, not by Offleash, and this notice does not cover them.
GST receipts
All subscription prices are GST-inclusive. A tax invoice for each payment is available for download from the Stripe billing portal, which you reach from Billing & plan in the Portal.
10.The Starter plan
The Starter plan is free for as long as you use it. No credit card is required to use it, and it does not expire.
Paid plans have no free trial. A paid plan begins, and is charged, when you subscribe to it. You may cancel at any time; cancellation takes effect at the end of your current billing period.
11.Client payments, Stripe Connect, and service fees
How client payments work
On every plan, you may accept card payments from your clients through Stripe Connect. When a client pays:
- The payment is made directly to your own Stripe account
- Offleash collects a service fee of 0.5% of each card payment, capped at A$3, through Stripe's application fee. The fee includes GST
- Stripe charges its own processing fee on the payment directly, at Stripe's rates. It is separate from Offleash's service fee, and your Stripe account shows the two as separate amounts
- Offleash never holds your client's funds
The Offleash service fee applies only to card payments processed through Stripe Connect. It does not apply to cash or bank transfer payments recorded manually in the Portal. It does not apply to your Offleash Pack subscription fee.
Offleash gives notice before raising the service fee, as Section 9 (Price changes) sets out. Every fee, with Stripe's standard rates as last checked, is listed on the Fees page.
Autopay
You may offer autopay to your clients, which charges a client's saved card for the invoices you send them. Schedule A (Autopay) sets out its terms, and forms part of these Terms.
One price for your clients
Offleash charges your clients nothing. The service fee and Stripe's fees are charged to you. The Portal has no setting that adds a fee only when a client pays by card: an invoice has one price, however your client pays it.
GST and tax invoices for the service fee
The Offleash service fee includes GST. Offleash does not add GST on top of it. Each month, Offleash issues you a tax invoice for the service fees it has collected from your client payments.
Manual payment recording
The Portal allows you to manually record payments received outside of Stripe Connect — for example, cash, bank transfer, or payments received via other platforms (such as bookings made through third-party services). Manual recording is for your own record-keeping only. No Offleash service fee applies to manually recorded payments. Offleash accepts no liability for manually recorded payment data and cannot assist with disputes arising from payments made outside of Stripe Connect.
Your Stripe account
To accept card payments, you must complete Stripe Connect onboarding and accept the Stripe Services Agreement. By doing so, you establish a direct contractual relationship with Stripe Payments Australia Pty Ltd. Offleash is not a party to that agreement and is not responsible for Stripe's conduct, availability, or decisions regarding your Stripe account.
The Stripe account is yours. You pay Stripe's fees on it directly, and you manage your payouts, refunds and disputes in your own Stripe Dashboard. You can disconnect Offleash from your Stripe account at any time. Once you do, clients cannot pay you by card through the Portal until you connect a Stripe account again.
ABN
You are responsible for your own ABN: for holding one where the law requires it, and for giving it to clients who need it. Offleash checks only that an ABN you enter in the Portal is correctly formed. It does not check whether you hold an ABN, or whether an ABN you enter is active or registered to you, before you connect Stripe or accept client payments. Client card payments are made directly to your Stripe account, so Offleash does not pay those amounts to you and does not withhold anything from them.
Set-off and fees after closure
Offleash may deduct fees you owe it that are due and not disputed in good faith from any refund or credit Offleash owes you. Offleash has no access to your Stripe account, and these Terms do not authorise it to take money from it.
For up to 90 days after your account closes, Offleash may charge your nominated card for subscription and service fees that fell due before closure, after sending you an itemised notice.
Chargebacks and refunds
You are responsible for your own refund policy with your clients. If a client initiates a chargeback through their card issuer, Stripe will handle the dispute process in accordance with the Stripe Services Agreement. Offleash may assist you in compiling evidence to respond to a chargeback but is not responsible for its outcome. Repeated chargebacks may result in Stripe suspending or terminating your Stripe Connect account, which is outside Offleash's control.
If you refund a client through Stripe, in full or in part, Offleash refunds its service fee on that payment to you in the same proportion. If a client disputes a payment and the dispute is decided in the client's favour, Offleash refunds the rest of its service fee on that payment. Stripe does not return its own processing fee, and Stripe's dispute fee is yours as the seller. Stripe's fees on refunds and disputes are set by the Stripe Services Agreement.
A payment a client makes by mistake, on an invoice that was already paid or voided, has Offleash's service fee refunded to you automatically when it arrives.
A service fee refunded before your monthly tax invoice is issued does not appear on it. If one is refunded after, Offleash issues you a credit note for the refunded amount.
12.Intellectual property
Offleash's intellectual property
The Portal, the Offleash app, and all content, features, software, trademarks, and brand elements (including the Offleash and Offleash Pack names and logos) are owned by or licensed to Offleash. These Terms do not grant you any ownership interest in the Portal or Offleash's intellectual property. Your right to use the Portal is limited to the licence granted in Section 5.
Your content
You retain ownership of the content you upload to the Portal, including your business profile, photos, and any other materials. By uploading content, you grant Offleash a non-exclusive, royalty-free, worldwide licence to store, display, and transmit that content solely as necessary to provide the Portal services to you and your clients.
You must not upload content that infringes a third party's intellectual property rights. If you upload photos of dogs or clients, you are responsible for having the appropriate permissions to do so.
Copyright infringement reports
If you believe that content on the Portal infringes your copyright under the Copyright Act 1968 (Cth), please contact us at pack@offleashpack.com.au with: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Portal; (c) your contact details; and (d) a statement that you have a good faith belief the use is not authorised. We will investigate and take appropriate action, which may include removing the infringing content.
Feedback
If you provide feedback, suggestions, or ideas about the Portal, you grant Offleash an unrestricted, royalty-free, perpetual licence to use that feedback for any purpose without compensation or attribution.
13.AI-generated content
What the AI feature does
Offleash Pack uses Anthropic's Claude AI model to generate draft walk report card summaries based on the events you log during a walk session in the Offleash app. The AI reads your logged events (poos, wees, water, treats, photos, and any notes) and produces a natural language summary for your review.
What the AI feature cannot do
The AI feature is a read-only draft generation tool. It cannot:
- Send any communication to a client without your review and explicit approval
- Create, modify, or delete any walk records, bookings, or client data
- Process or initiate payments
- Take any autonomous action within the Portal or Offleash app
- Access financial account details beyond transaction metadata already held in the Portal
Not professional advice
AI-generated report card content is not, and must not be represented as, any form of professional advice. In particular, the AI feature does not provide:
- Veterinary or animal health advice — AI observations about a dog's behaviour, energy, or physical state are descriptive summaries of logged events only
- Legal advice
- Financial or tax advice
- Business advice
- Animal behaviour or training advice
- Emergency guidance — if you have a genuine animal welfare concern during a walk, contact a veterinarian directly
Accuracy and your responsibility
AI-generated summaries may contain errors, inaccuracies, or omissions. The AI model may misinterpret logged event data, produce incorrect descriptions, or generate plausible-sounding but factually inaccurate content. The same inputs may produce different outputs on different occasions.
You must review every AI-generated draft before sending it to a client. By approving and sending a report card, you confirm that its content is accurate to the best of your knowledge. Do not send a report card that you know to contain false, misleading, or exaggerated information.
Disclosure to clients
You should inform your clients that report cards are prepared with the assistance of AI drafting tools. You must not represent AI-generated report cards as professionally authored veterinary assessments, behavioural reports, or health evaluations.
Data and Anthropic
Walk event data submitted to generate report cards is transmitted to Anthropic, Inc. (United States) via their API for processing. Anthropic's API terms prohibit the use of API-submitted data for training AI models. Data is transmitted via encrypted connection (TLS) and is not retained by Anthropic beyond the processing of each request. For full details, see our Privacy Policy.
Experimental status and changes
The AI report card feature is experimental and under active development. It may behave inconsistently, may be updated or modified at any time, and may be temporarily suspended or permanently withdrawn without prior notice. Offleash makes no warranty that the feature will be continuously available or that its outputs will improve over time.
14.Prohibited conduct
You must not use the Portal to:
- Submit false, misleading, or fabricated walk records, report cards, or incident reports
- Use client contact details obtained through the Portal for unsolicited marketing or any purpose unrelated to your dog walking services
- Solicit, recruit, or encourage clients or other walkers on the Portal to join a competing platform, service, or application
- Use the Portal's messaging feature to warn clients away from, disparage, or denigrate other walkers listed on the Offleash platform
- Harass, threaten, or abuse clients, other walkers, or Offleash staff
- Create additional accounts to circumvent a suspension, ban, plan limit, or any other restriction applied to your account or email domain
- Circumvent, disable, or interfere with the Portal's security features or access controls
- Attempt to access another walker's account or data without authorisation
- Use automated tools (bots, scrapers, scripts) to access the Portal without Offleash's written consent
- Resell, sublicense, or commercialise access to the Portal without Offleash's written consent
- Violate any applicable law, including consumer protection, privacy, spam, or anti-discrimination laws
- Upload content that is unlawful, defamatory, sexually explicit, or that infringes third-party rights
- Do anything that could reasonably damage Offleash's reputation or the integrity of the Offleash platform
You must not misuse the AI report card feature by:
- Sending an AI-generated report card that you know to contain false, fabricated, or materially inaccurate information
- Representing AI-generated content as a professional veterinary assessment, animal behaviour report, or health evaluation
- Using the feature with automated tools or scripts
- Attempting to reverse-engineer, circumvent, or exploit the AI feature
- Using AI-generated outputs to extract, aggregate, or compile client data for any purpose outside normal Portal use
Breach of this section may result in immediate suspension or termination of your account without notice.
15.Suspension and termination
Termination by you
You may close your Offleash Pack account at any time from Portal Settings → Account → Close Account. Your access to the Portal will end at the conclusion of your current billing period. No refunds are issued for unused time on paid plans, except as Section 19 sets out. You remain responsible for fees owed to Offleash at the time of closure, as Section 11 (Set-off and fees after closure) sets out.
Suspension or termination by Offleash
Offleash may suspend your account immediately and without notice only if it reasonably believes that continuing would put a person or animal at risk of harm, involve fraud, or breach a law, a regulator's direction or a requirement of Stripe.
In any other case, including a complaint from a client or a breach of Section 14 (Prohibited conduct), Offleash will tell you the grounds in writing and give you at least 5 business days to respond before it decides whether to suspend or terminate your account. Where the breach can be remedied, Offleash will give you 14 days to remedy it first.
If Offleash suspends your account, it will tell you why. You may ask Offleash to reconsider, and it will reply with its written reasons within 5 business days. While suspended, you may still ask for a copy of your data, as set out below.
Your public profile and ratings
Where Offleash displays a walker profile, it may show Google Reviews associated with your business and "Paws Up" endorsements from Offleash users. These reflect genuine feedback from clients and the Offleash community.
Offleash does not remove genuine negative Google Reviews or Paws Up feedback at a walker's request. Consistently poor ratings or a pattern of client complaints may affect the visibility of your profile to dog owners on the Offleash platform, up to and including the suspension of your public profile. Offleash makes this determination at its sole discretion in order to protect the integrity of the community.
Data export and return on termination
You may ask for a copy of your data at any time while your account is open, and for 90 days after it closes, by writing to pack@offleashpack.com.au for a data export. We will provide the following categories of data within 7 business days of receiving your request:
- Client contact details (name, email, phone, address)
- Dog profiles (name, breed, health notes, vet details, emergency contacts)
- Walk session records (dates, times, parks, duration, event logs)
- Walk report cards
- Invoice and payment summaries
- Incident reports (subject to applicable retention obligations)
After 90 days from account closure, data export requests may not be fulfilled. Walk records, incident reports, and transaction metadata will be retained by Offleash as required by law regardless of account closure — see our Privacy Policy for retention periods.
16.Warranties and limitation of liability
Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited. Our liability for breach of a non-excludable guarantee is limited, to the extent permitted by law, to re-supplying the services or paying the cost of having the services re-supplied.
No warranty
Subject to the above, the Portal is provided "as is" and "as available." To the maximum extent permitted by law, Offleash makes no warranty that:
- The Portal will be uninterrupted, error-free, or available at any particular time
- AI-generated report card summaries will be accurate, complete, or suitable for any purpose
- Any data or records stored in the Portal will be free from loss, corruption, or unauthorised access
- The Portal will meet your business requirements or produce any particular financial outcome
- Any third-party integration (Stripe, Xero, Anthropic) will be available or perform as expected
Limitation of liability
Offleash's total liability to you for all claims arising out of or in connection with these Terms is limited to the greater of:
- The fees you paid Offleash in the 12 months before the event giving rise to the claim, or
- A$1,000
This limit does not apply to liability for fraud or wilful misconduct, to loss caused by Offleash's breach of its privacy or data security obligations, or to Offleash's obligations under clause A8 of Schedule A (Autopay).
Offleash is not liable for indirect or consequential loss, including loss of profit or of clients. This does not exclude the reasonable cost of restoring data lost because of Offleash's breach of these Terms or its negligence.
Things Offleash is not responsible for
Offleash expressly disclaims liability for:
- Any injury to or death of a dog, person, or third party occurring during a walk
- Any loss or damage arising from a dispute between you and a client
- Your failure to hold appropriate insurance
- Your tax, superannuation, or GST obligations
- Decisions made by Stripe regarding your Stripe Connect account
- Third-party service outages (Stripe, Resend, Anthropic, PostHog, Xero) that affect the Portal
- Any reliance on AI-generated report card content that has not been reviewed and approved by you
Injunctive relief
You acknowledge that a breach or threatened breach of Sections 12 (Intellectual property) or 14 (Prohibited conduct) may cause Offleash irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedies available at law or equity, Offleash is entitled to seek injunctive or other equitable relief from a court of competent jurisdiction without the requirement to post a bond or prove actual damage.
17.Indemnification
You indemnify Offleash against any claim by a third party, including a client, and the loss Offleash reasonably incurs because of it, to the extent the claim arises from:
- The walking or other services you provide
- Your breach of these Terms
- Your breach of a law, including the Spam Act 2003 (Cth) or a privacy law
- False or misleading information you give a client
Your liability under this section is reduced to the extent Offleash's breach, negligence or wilful misconduct caused or contributed to the loss. Offleash must tell you promptly about a claim, and must not settle it without your consent, which you must not unreasonably withhold.
18.Dispute resolution
Notice of dispute
If you have a dispute with Offleash arising out of or in connection with these Terms or your use of the Portal, you must send us a written Notice of Dispute by email to pack@offleashpack.com.au before commencing any formal proceedings. The Notice of Dispute must include: (a) your name and account details; (b) a description of the nature of the dispute; (c) the relief you are seeking; and (d) your contact details for correspondence.
Informal resolution period
On receipt of a valid Notice of Dispute, both parties agree to attempt to resolve the dispute in good faith for a period of 60 days ("Informal Resolution Period"). Offleash will acknowledge your Notice of Dispute within 5 business days.
If either party requests a settlement conference during the Informal Resolution Period, both parties must make reasonable efforts to schedule and attend a conference (by phone or videoconference) within 15 business days of the request. Both parties may be represented by legal counsel at such a conference.
Any applicable limitation period is tolled from the date we receive your Notice of Dispute until the later of: (i) the end of the 60-day Informal Resolution Period; or (ii) the conclusion of any settlement conference.
If the dispute is not resolved within the Informal Resolution Period, either party may commence formal proceedings as set out below. A formal proceeding must not be commenced before the Informal Resolution Period has expired, unless urgent injunctive relief is required.
Governing law and jurisdiction
These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria for any dispute arising out of or in connection with these Terms, except where mandatory consumer protection laws provide otherwise.
19.Changes to these Terms
Offleash may change these Terms by giving you at least 30 days' notice, by email and in the Portal, of any change that reduces your rights or adds to your obligations. If you do not agree, you may close your account before the change takes effect, and Offleash will refund the unused part of any month you have paid for.
A change that only adds to your rights, or that a law, Stripe or a card scheme requires sooner, may take effect earlier; Offleash will tell you what changed and why. Price increases follow Section 9 (Price changes), which gives at least 30 days' notice. The date and version at the top of this page change with every change to these Terms.
20.General
Entire agreement
These Terms, together with the Privacy Policy and any plan-specific terms notified to you, constitute the entire agreement between you and Offleash in relation to the Portal and supersede all prior representations, agreements, or understandings.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force.
No waiver
Offleash's failure to enforce any right or provision of these Terms is not a waiver of that right or provision. A waiver is only effective if made in writing and signed by an authorised representative of Offleash.
Assignment
You may not assign or transfer your rights or obligations under these Terms without Offleash's prior written consent. Offleash may assign these Terms (in whole or in part) to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, without your consent.
Force majeure
Offleash is not liable for any delay or failure to perform its obligations under these Terms to the extent caused by events outside our reasonable control, including natural disasters, pandemics, internet or infrastructure outages, or government action.
21.Contact
BetSense Pty Ltd t/a Offleash Pack
ABN: 37 673 664 447
Malvern East VIC 3145
Email: legal@offleashpack.com.au
Website: www.offleashpack.com.au
Schedule A: Autopay
A1. What autopay is
Autopay lets you charge a client's saved card for invoices you send through Pack. You are the supplier of your services and the merchant of record for every charge, which is made on your own Stripe account. Offleash provides the software that sends the charge instruction to Stripe on your behalf. Offleash never receives or holds your clients' money.
A2. Client consent is the authority
You may offer autopay to a client in Pack. Autopay starts only when the client accepts your offer by ticking the autopay box on Pack's payment page, and Pack charges that client automatically only while that agreement, for you and for the card they saved, is current. It covers the invoices you send them after they accept. You must not collect card details for automatic charging, or ask Pack to charge a client automatically, in any other way. If you withdraw your offer, autopay stops for that client and Pack tells them.
A3. The client can stop at any time
If a client tells you, by any means, to stop charging their card, you must turn autopay off for that client in Pack before their next charge, and in any case within one business day. Pack stops all automatic charges, including pending retries, as soon as autopay is turned off by you or by the client. A client may also ask through Pack to end their regular walks. You must deal with that request under your terms with the client and confirm the end date to them.
A4. Invoices you send
You are responsible for each invoice being accurate: it must list only services you provided, at the rates you agreed with the client. Pack charges the amount shown on the invoice as sent, and charges nothing on an invoice whose total no longer matches it. Pack doesn't let you change an invoice once it is sent: if one is wrong, void it, and Pack doesn't charge it.
A5. Notice to clients
Pack emails each invoice's amount, charge date and card to an autopay client at least 24 hours before charging it, and confirms each charge or failure. You must not ask Pack to shorten these periods. You must give an autopay client at least 14 days' notice before invoicing them at a new rate.
A6. No card fees
You must not add any fee, surcharge or charge to an autopay client for paying by card or using autopay, including any fee for a failed payment.
A7. Refunds and disputes
Refunds and disputes are between you and your client. Stripe deducts refunded and disputed amounts, and Stripe's dispute fees, from your Stripe balance. Pack gives you each client's autopay record (Clients, Download autopay record): their agreement, the terms they saw, and every notice and charge. Your walk records are in Pack too. Offleash refunds its service fee on a charge you refund, in proportion to the refund, and in full on a dispute you lose (Section 11).
A8. Offleash's errors
If Pack charges a client when no current autopay agreement exists, after autopay was turned off, more than once for the same invoice, or an amount different from the invoice as sent, and that is caused by Pack rather than by you, you must refund the client promptly once either of us finds the error, and Offleash will: (a) refund its service fee on that charge; (b) pay you the Stripe processing fee on that charge that Stripe keeps when you refund it; (c) pay you any Stripe dispute fee on that charge; and (d) pay you any amount Stripe takes from your balance for that charge beyond what you received from it. Section 16 does not limit this clause. Nothing in these Terms excludes any right you have under the Australian Consumer Law.
A9. Each party's own breach
You indemnify Offleash for direct loss caused by your breach of A2 to A6. Offleash indemnifies you for direct loss caused by its breach of A3, A5 or A10. Neither indemnity covers loss the other party caused or contributed to, to the extent of that contribution. Each party's total liability under this clause is limited to the same amount as Offleash's liability under Section 16: the greater of A$1,000 and the fees you paid Offleash in the 12 months before the claim.
A10. Records
Pack keeps a record of each client's autopay agreement, the text they agreed to, and every change, charge, notice and cancellation, for at least seven years after the agreement ends. Offleash keeps these records as your service provider and for its own legal purposes. You can download a client's record from Clients at any time while you use Pack. After that, Offleash will give you a client's record on request for a dispute or claim, for as long as it keeps it.
A11. Default wording
Pack shows clients standard autopay wording that names you, with the notice you ask for to end regular walks. You can't edit the rest of it, and you may not ask a client to give up their right to stop autopay or end their regular walks, a notice period, or their rights under the Australian Consumer Law. Offleash will give you at least 30 days' notice before changing the client-facing wording in a way that affects you, unless a law or card scheme rule requires a faster change or the change only adds to clients' protections. If you do not accept a change, you may stop offering autopay at no cost.
A12. Suspension
Offleash may pause autopay for your account if Stripe requires it, or if Stripe or a card scheme tells you or Offleash that the dispute rate on your account is excessive. Offleash will tell you why and what is needed to restore it. Offleash will give you notice before pausing unless the delay would breach a law or scheme rule.
A13. What Pack does not do
Pack sends notices and keeps records. It does not give legal advice and does not decide whether your arrangement with a client meets any particular law. Your client agreement remains yours.
Also see: Offleash Pack Privacy Policy · Offleash Consumer Privacy Policy · OAIC