This page, together with the documents referred to on it, tells you the terms and conditions (these Terms and Conditions) on which we supply any of the products (each a Product) listed on our website www.petcloud.com.au/petpack (hereinafter referred to as "the Site") to you. Please read these terms and conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these Terms and Conditions for future reference.
References to "we", "us" or "our" are references to PetCloud Pty Ltd. 59 603 898 862, 3/28 Metroplex Avenue, Murarrie QLD 4172 trading as PetCloud Pty Ltd. & www.petcloud.com.au and its subsidiaries, associates and officers, unless otherwise stated. These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions:
When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, you should immediately email us on service@petcloud.com.au. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify PetCloud immediately of any breach of security or unauthorised use of your account.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product.
Please take care when ordering as we do not refund or exchange for change of heart or unforeseeable delays. Returns are accepted for Faulty Merchandise Only. It is the purchaser's responsibility to check goods, including if delivered directly to a third party. We strive for the highest of quality and all of our products are thoroughly quality checked prior to packaging and again before dispatch in a manner for maximum protection during transit, especially fragile products. If in the very rare instance you do receive a product that was faulty, contact us immediately and we will organize to replace the item/s or if a replacement is not possible, a choice of a refund or credit will be given. The original delivery fee is however, non-refundable. We are sorry but pre-paid purchases cannot be refunded.
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including our Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by PetCloud . Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. PetCloud tries to ensure that the information on this site is accurate and complete. PetCloud does not promise that the Content is accurate or error-free. We may make changes to the Content, materials and services at this Site, or to the products and services described in them, at any time without notice. The Content and services at this Site may be out of date, and PetCloud makes no commitment to update the materials and services at this Site. The Content, products and services of our site are provided "as is" without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. PetCloud obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
The personal opinions of the suppliers whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of PetCloud and we accept no responsibility for any such views expressed in any media.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
We make no representations about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
The Site is provided by PetCloud and it does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law. The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision. To the extent permitted by law, PetCloud hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the products or goods.
We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. If you wish to update or delete your personal information that has been specifically left on our mailing list. Please contact us. To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our couriers.
All title and ownership to the ordered products will pass to you from the moment they are paid in full and dispatched by us to the delivery service. If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.
If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
We reserve the right to amend these Terms and Conditions at any time. Continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
If you have any questions about these Terms and Conditions, please contact service@petcloud.com.au.
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