The terms for using PackDay

In these terms:

PackDay, we, us, our

the business that owns and runs PackDay, described in clause 2.1.

You, your

the person or business using PackDay. If you use PackDay for a business, “you” also means that business.

Dog business, business

a daycare, groomer, kennel, boarding business, trainer, walker, sitter or similar business that uses PackDay to run its work.

Team member

someone a dog business invites to use its account, such as a manager, handler, groomer or front-desk staff member.

Owner, client

a person who uses the PackDay owner app for their dog, including family members and carers they add.

Service

the PackDay business app, web dashboard, owner app, smart tag pages, website and any related features we provide.

Plan

a paid subscription for a dog business: Solo, Studio or Pack Pro.

PackDay Plus, Plus

the optional paid subscription for owners.

Your content

anything you put into the service, such as dog profiles, client details, notes, bookings, messages, report cards, photos and videos.

Australian Consumer Law, ACL

Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business day

a day that isn’t a Saturday, Sunday or public holiday in Perth, Western Australia.

Headings and the summary are there to help you find your way. Examples, and words like “including”, don’t limit what a clause means.

PackDay is a business based in Perth, Western Australia. Our full business name, ABN and address are added here before accounts open.

These terms apply when you create an account, start a trial, buy a plan or PackDay Plus, or otherwise use the service. By doing any of those, you agree to them. If you don’t agree, please don’t use the service.

Our privacy policy explains how we handle personal information, and forms part of these terms.

If you download a PackDay app from the Apple App Store, these terms are the licence agreement for that app. They are between you and us, not Apple. Apple isn’t responsible for the app or its content, and has no obligation to provide maintenance or support for it. Apple and its subsidiaries are third-party beneficiaries of these terms as they relate to the app, and may enforce them against you.

For review: check this clause against Apple’s current minimum terms for a developer’s own end-user licence agreement, or use Apple’s standard licence and link to it from the App Store listing.

You must be 18 or older to create a PackDay account.

If you open an account for a dog business, you confirm you are the business’s owner or have its authority to accept these terms for it.

Give us accurate details, and keep them up to date. Keep your login secure and don’t share it. Each team member should have their own login, so records show who did what.

A dog business decides who joins its account and what each role can see and do. The business is responsible for what its team members do in its account, and for removing access when someone leaves.

Tell us straight away at hello@packday.app if you think someone has used your account without permission. We’ll help you secure it.

A new dog business gets a 30-day free trial. You don’t need to give card details to start it. We remind you 3 days before it ends.

When the trial ends, nothing is charged unless you choose a plan. If you don’t, your account pauses: you can still log in, see and export your data, but not add new bookings. We keep your data as set out in clause 20.

Plans are billed monthly or yearly, in advance. Prices are in Australian dollars. Here are the prices at the date of these terms:

What each plan includes, such as logins, dogs and texts each month, is shown on our pricing page. Paying on the web costs about 5% less, because there’s no app store fee to cover.

GST. Prices on our website exclude GST, which is added when you pay. We send a tax invoice for every web payment. When you buy a plan in the iPhone app, Apple sets and shows the price, including any GST, and sends the receipt.

No booking fees. PackDay never charges booking fees, transaction fees or a percentage of what your clients pay you. Your plan price is the whole PackDay price, apart from any extras you choose to buy (clause 4.12).

A plan renews automatically at the end of each month or year, at the price we’ve told you, until you cancel. For yearly plans bought on the web, we email you at least 14 days before the renewal date, with the price and how to cancel.

If a web payment fails, we’ll tell you and try again. Your account keeps working for 14 days while you sort it out. After that it becomes read-only: you can still see and export everything, but not add new bookings, until the payment goes through. We won’t delete anything because a payment failed without first giving you at least 60 days’ notice.

You can change plans at any time. Upgrades apply straight away, and you pay the difference for the rest of the billing period. Downgrades apply from the next billing period.

You can cancel at any time, with no lock-in contract and no exit fee. Cancel a web plan in the business app under Plan and billing, or by emailing hello@packday.app. Cancel a plan bought through Apple in your iPhone’s Settings, under your name, then Subscriptions. Your plan keeps working until the end of the period you’ve paid for, and then stops.

Web payments. We don’t refund part of a billing period because you change your mind, but we do refund:

1. anything we charged by mistake, such as a double charge;
2. the unused part of a period you’ve paid for, if we end your plan or close the service when you’re not at fault;
3. a yearly payment, less the monthly price for each month or part month you’ve used, if you cancel within 14 days after it’s charged; and
4. anything else the Australian Consumer Law entitles you to (clause 16).

For review: (c) is a proposed cooling-off for yearly renewals, offered because automatic renewal terms get extra scrutiny under the unfair contract terms rules. PackDay to confirm.

Apple payments. Plans bought in the iPhone app are billed by Apple, so Apple handles refunds under its own rules. Ask Apple at reportaproblem.apple.com. We can’t issue refunds for Apple purchases, but we’ll help you with the request if you contact us.

Each plan includes a number of texts a month. Unused texts don’t carry over. When you reach your allowance, further texts are held, not sent and not billed, until you choose to buy more or the next month starts. We never bill extras by surprise.

We may change plan prices. We’ll email you at least 30 days before a new price applies to you. A new price applies from your next billing period after the notice ends, so a yearly price changes only at renewal. If you don’t want to pay it, you can cancel before it applies. For plans bought through Apple, Apple tells you about the change and, where its rules require, asks you to agree to it.

A founding offer price is locked for the period described in clause 21. A price change doesn’t apply to it during that period.

The PackDay owner app is free. Booking with your dog business, report cards, messages, reminders, your dog’s profile, and the smart tag page that helps a lost dog get home are all part of the free app.

PackDay Plus is an optional subscription with extra features, such as keeping every photo automatically, the dog passport, recap stories, and the finder’s location and scan history for your smart tag. The App Store shows the current price, including GST. At the date of these terms it’s A$4.99 a month or A$39.99 a year.

Plus is sold only through Apple’s in-app purchase and billed to your Apple Account. Bookings, packages and services your dog business sells you are never paid through Apple or through Plus.

If you haven’t had Plus before, you can try it free for 7 days. We remind you 2 days before the trial ends. If you don’t cancel, Plus starts at the price shown when you began the trial.

Plus renews automatically unless you turn off auto-renew at least 24 hours before the end of the current period. Manage or cancel it in your iPhone’s Settings, under your name, then Subscriptions. You keep Plus until the end of the period you’ve paid for.

Apple handles refunds for Plus. Ask at reportaproblem.apple.com. Charges from your daycare, groomer or trainer are between you and them; PackDay doesn’t take or hold that money.

If Plus ends, you keep the free app and everything in it. Photos aren’t deleted: clause 10.5 explains what happens to them.

PackDay is software. We are not a dog care provider, and we don’t look after, walk, groom, train, board or transport dogs. We aren’t a party to the arrangement between a dog business and its clients.

Each dog business is responsible for:

1. the care and safety of the dogs in its care;
2. its own terms with its clients, including its prices, deposits, packages, cancellation and no-show policies;
3. its own insurance, licences, council approvals and compliance with the laws that apply to it;
4. its staff, including their pay, awards, rosters and records (PackDay helps with rosters and timesheets and exports hours for payroll, but doesn’t interpret awards);
5. checking vaccinations and other requirements it sets for dogs; and
6. the accuracy of what it records and tells clients through PackDay.

Owners: your agreement for your dog’s care is with your dog business. Questions about a booking, a charge or your dog’s day are best asked of them first. If you think a business is misusing PackDay, tell us at hello@packday.app.

Some records can’t be edited once saved, such as clock-in times, incident reports, and pick-up and hand-over logs. A correction is added beside the original with a reason. This protects businesses, their clients and their staff, and we won’t change it.

Dog businesses take payments from their clients through their own payment provider, such as Stripe or Square, under that provider’s terms. The money goes from the client to the business through the provider. PackDay doesn’t hold it.

Payment providers charge their own fees, such as card processing fees. Those are between the business and its provider. PackDay adds nothing on top.

Web payments for plans are processed by our payment provider. We never see or store your full card number. Apple processes payments for plans and Plus bought in the iPhone app.

Each business is responsible for following the rules that apply to how it prices and takes payments, including the rules on card surcharges.

PackDay lets dog businesses send texts, emails and app messages to their clients. When a business sends a message through PackDay, the business is the sender, and is responsible for it.

Marketing messages, such as birthday, bath or win-back campaigns, are commercial electronic messages under the Spam Act 2003 (Cth). A business must only send them to clients who have agreed to receive them. Messages that only give factual information, such as a booking confirmation, a pick-up time or a vaccination reminder, generally aren’t marketing.

PackDay helps by naming the business in every marketing message, adding a way to unsubscribe (such as replying STOP), and recording each client’s consent. When a client unsubscribes, PackDay stops marketing messages to them straight away, well within the 5 business days the law allows.

A business must not import or message contact lists it doesn’t have consent to use, and must not use PackDay to send messages that are misleading, offensive or unlawful.

We send our own service messages to account holders, such as trial reminders, receipts, security alerts and notices about these terms. We only send you our marketing if you’ve agreed, and you can unsubscribe at any time.

When you use PackDay, please don’t:

1. break the law, or help anyone else to;
2. upload content you don’t have the right to share, or that is unlawful, abusive or harmful;
3. collect or use other people’s information except as the service intends and the law allows;
4. try to get into accounts or data that aren’t yours, or test, probe or overload our systems without our written permission;
5. copy, scrape, resell or reverse engineer the service, except where the law allows it; or
6. pretend to be someone else, or misrepresent your connection with a business or a dog.

If you find a security problem, please tell us at hello@packday.app. We won’t take action against anyone who reports one to us in good faith and gives us a fair chance to fix it.

Your content stays yours. Owners and businesses keep the rights to the photos, videos and words they put into PackDay.

You give us permission to store, copy, back up, resize and display your content, only to run the service for you and the people you share it with. This permission ends when your content is deleted, except for copies in backups that are deleted on their normal schedule.

We won’t use your photos or your dog in our marketing unless you give us separate permission for that, which you can take back at any time.

When a business sends a report card or photos to an owner, both of them can keep a copy. A business may only post a client’s dog online, outside PackDay, if the owner has said yes in their privacy settings. Photos in report cards are private to the owner and the business.

We never delete photos to push an upgrade. Free owners choose 30 favourite photos to keep in Memories, and Plus keeps every photo automatically. Taking a photo out of Memories never deletes it from the report card or groom report it came from. If Plus ends, nothing you already have is deleted.

You’re responsible for having the right to upload your content, including permission from people who appear in your photos. We may remove content that breaks these terms or the law, and we’ll tell you why when we can.

We handle personal information under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as set out in our privacy policy.

We store the service’s data in Sydney, Australia. Some of our service providers may handle limited information outside Australia, and the privacy policy says who they are and why.

We never sell personal information, and we don’t show ads in PackDay.

A dog business decides what client and dog information it collects and keeps in PackDay, and we look after it for the business. The business must have a lawful basis to collect it and must tell its clients how it’s used. We only use it to run the service, and as the privacy policy describes.

If we become aware of a data breach that affects your information, we’ll act straight away to contain it and tell you promptly. Where the Notifiable Data Breaches scheme requires, we’ll notify the people affected and the Office of the Australian Information Commissioner.

You can download a copy of your data at any time, and delete your account in the app. Clause 20 explains what happens to data when an account ends.

PackDay only uses your location when you ask it to, for example while you record a walk or clock in for a shift. It never tracks you in the background, and you can turn location off in your phone’s settings at any time.

A lost dog can always get home. Anyone who finds a dog with a PackDay smart tag can open its page and contact the owner, without an account or the app. The tag page, finder messages and lost mode are free, and stay free. We never ask for payment while a dog is lost or found.

A finder’s location is shared only if the finder chooses to share it. The smart tag isn’t a GPS tracker: it works when someone scans or taps it.

Lost-dog features are provided on a best-effort basis. They depend on a finder scanning the tag, phone signal, and your contact details being up to date, so we can’t guarantee a lost dog will be found. Please keep your dog’s microchip registration and ID tag current as well.

We work to keep PackDay reliable and available. We plan maintenance outside business hours where we can, and give notice of planned downtime that may affect you. Sometimes the service may be interrupted for reasons we can’t control, such as outages at our providers or on the internet.

Help is available in our help centre, and by email at hello@packday.app. We aim to reply within one business day.

We may offer test versions, such as a TestFlight build, a beta feature or the live demo. Test versions are clearly labelled, may have bugs, may change or stop, and their data may be reset. Please don’t rely on them for important records. We don’t charge for test versions.

We improve PackDay over time and may change or remove features. If we remove a feature that is a main part of your paid plan, we’ll give you at least 30 days’ notice, and you can cancel and get a refund for the unused part of a period you’ve paid for.

The PackDay name, logo, Bandit the mascot and his artwork, the apps, the website and their software and content belong to us or the people who license them to us. PackDay™ is our trade mark.

While you follow these terms, we give you a personal, non-exclusive, non-transferable licence to use the service for its intended purpose. This doesn’t transfer any ownership to you.

If you send us ideas or feedback, we may use them to improve PackDay without owing you anything for them.

Some features rely on other companies, such as Apple, Stripe, Square, map providers, text message carriers and accounting or payroll software. Their own terms apply when you use them.

We choose providers carefully, but we aren’t responsible for their services, and a change on their side may affect a feature. If it does, we’ll tell you and work on a fix or an alternative.

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law, or any other law, that can’t lawfully be excluded. Every limit in these terms applies only to the extent the law allows.

Under the ACL, services come with guarantees that they’ll be provided with due care and skill, be fit for any purpose you tell us about, and be provided within a reasonable time. Where you acquire services as a consumer, this statement applies:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. 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 problems with the service 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 we sell goods, such as a smart tag, this statement applies:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

A dog business can be a consumer under the ACL too, for example where the price of the services is $100,000 or less. Where the services aren’t of a kind ordinarily acquired for personal, domestic or household use, and the law allows it, our liability for failing a guarantee is limited to supplying the services again, or paying the cost of having them supplied again.

For review: confirm the wording of the prescribed statements and section 64A limit for this service and audience.

Subject to clause 16, and to the extent the law allows:

1. neither of us is liable to the other for indirect or consequential loss, or for loss of profits, revenue or business opportunity, arising from these terms or the service; and
2. our total liability to you arising from these terms or the service, in any 12-month period, is limited to the greater of the amount you paid us in the 12 months before the event that caused the claim, and $100.

These limits don’t apply to liability for:

1. death or personal injury caused by negligence;
2. fraud, or deliberate wrongdoing;
3. a breach of privacy law, or of clause 11; or
4. anything else that the law doesn’t allow to be limited.

A party’s liability is reduced to the extent the other party, or its staff, caused or contributed to the loss. Each of us must take reasonable steps to reduce any loss.

Please keep your own copies of important records by using the export tools. This is good practice with any software, and helps if something goes wrong.

If someone makes a claim against us because of your content, your breach of these terms, or how you run your business or care for dogs, you’re responsible for our reasonable costs and losses from that claim. Your responsibility is reduced to the extent we caused or contributed to the loss.

If someone claims that PackDay’s own software infringes their intellectual property, we’ll deal with the claim at our cost, and cover the amounts a court orders you to pay or that we agree to settle. This doesn’t apply to the extent the claim comes from your content or from you changing or misusing the service.

Whoever wants to rely on this clause must tell the other promptly about the claim, let them manage it, and help reasonably.

For review: clause 18 is mutual on purpose, so it reads as proportionate under the unfair contract terms rules.

You can stop using PackDay and close your account at any time.

We may suspend or limit an account only if we reasonably need to because:

1. it’s being used in a way that seriously breaches these terms or the law;
2. it puts the security of the service, or other people’s data, at risk;
3. a payment is overdue after the steps in clause 4.7; or
4. the law or a regulator requires it.

Unless it’s urgent or unlawful to do so, we’ll tell you first, explain why, and give you a reasonable chance to fix the problem. While an account is suspended, you can still export your data unless the law stops us from allowing it.

We may end an account for a serious breach that isn’t fixed within 14 days after we tell you about it, or straight away for a breach that can’t be fixed, such as fraud.

We may also stop offering PackDay, or a plan, by giving at least 60 days’ notice. If we do, we’ll refund the unused part of any period you’ve paid for on the web, and help you export your data.

You can export your data at any time while you have an account. Businesses can export clients, dogs, vaccinations, bookings, packages, notes and timesheets in common formats, such as CSV, free.

When a business account ends, or a trial ends without a plan, the business can still log in, see and export its data for 90 days. After that, we delete it within a further 30 days, apart from what we must keep by law, such as our own tax records.

When an owner deletes their account, their account, walks and Memories are deleted within 30 days. The dog business keeps its own records of its dealings with that owner, such as bookings and payments, as it needs to.

Businesses may have to keep some records themselves, for example employee time and pay records for 7 years under the Fair Work laws. Please export them before your account closes. We’ll remind you.

Deleted data may stay in encrypted backups for up to 35 days before it’s overwritten.

For review: confirm backup retention once the production database and its backup schedule are set up.

PackDay is in early access. Joining the early-access list puts you on a list. It doesn’t create an account or commit you to buy anything. You can leave the list at any time on the leave the list page, by emailing hello@packday.app, or by replying STOP to any email from us.

The founding offer is 20% off the monthly web price of the plan you choose, for your first 12 monthly payments. It’s for Australian businesses with a registered ABN that join early access and complete the sign-up while founding spots are left (the first 10). One spot per business, and we check the ABN on the Australian Business Register before the discount applies. The website shows the real number of spots left, counted from actual sign-ups. For example, Studio on the web is $149 a month + GST; with the founding offer it’s $119.20 a month + GST.

The founding discount starts with your first paid month after the free trial. After 12 monthly payments your plan returns to the standard monthly price automatically and stays at that price (we’ll email you a month before). It doesn’t apply to yearly billing, which already includes 2 months free, or to purchases through the Apple App Store. There’s no lock-in contract: you can cancel at any time, and the discount simply ends with your plan.

For review: Proposed: a founding business has 60 days after launch to start a paid plan before the spot lapses. PackDay to confirm.

The offer has no cash value, can’t be transferred to another business, and can’t be combined with another discount unless we say so. If you leave the list before PackDay opens, your spot goes back to the pool.

The live demo on this website uses made-up sample dogs, clients and staff. What you change in it is saved only in your browser, and nothing is sent to anyone. It may change or be reset at any time. Please don’t enter real clients’ details into it.

We may update these terms, for example when we add a feature, a law changes or we need to make something clearer. The date at the top shows when they last changed.

If a change could disadvantage you, we’ll email account holders at least 30 days before it takes effect. If you don’t agree with it, you can cancel before then, and we’ll refund the unused part of any period you’ve paid for on the web.

Changes that only benefit you, or that a law or a regulator requires sooner, can take effect earlier. We’ll still tell you about them.

If you’re unhappy with PackDay, please tell us first at hello@packday.app. We’ll acknowledge your complaint within 2 business days and aim to resolve it within 10 business days.

If we can’t resolve it within 30 days, either of us can ask for mediation. Dog businesses can use the Small Business Development Corporation’s dispute resolution service in Western Australia, or a mediator we both agree on. Each of us pays our own costs, and we share the mediator’s fees equally. If you’re an owner using PackDay for your own dog, we pay the mediator’s fees.

For review: confirm the mediation provider, and whether interstate customers may use their own state’s small business commissioner.

Nothing in this clause stops either of us from going to court for urgent relief, or you from contacting a regulator, such as the ACCC, a state consumer protection agency, or the Office of the Australian Information Commissioner.

These terms are governed by the law of Western Australia. You and we agree that the courts of Western Australia, and the courts that can hear appeals from them, can hear any dispute about them.

This doesn’t take away any protection you have under the law of the state or territory where you live.

If a court finds part of these terms unenforceable, that part is read down or removed, and the rest still applies.

If either of us doesn’t enforce a right straight away, that doesn’t mean we’ve given it up.

We may transfer these terms to a business that takes over PackDay, if it agrees to keep to them and we tell you first. You may transfer a business account to someone who buys your business, with our agreement, which we won’t unreasonably refuse.

Neither of us is responsible for a delay or failure caused by something outside our reasonable control, such as a natural disaster or a major outage at a provider, as long as we tell the other and do what we reasonably can to limit the effect.

These terms, the privacy policy, and any plan details you accept when you buy, are the whole agreement between us about PackDay.

Questions about these terms: hello@packday.app. Help with the apps: our help centre. Every other way to reach us is on the contact page.

We send notices to the email address on your account, and you can send notices to us at hello@packday.app. A notice by email is received when it arrives, unless the sender gets a message saying it wasn’t delivered.