WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to www.oz-pet.net.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).

1.2. The Website is operated by Oz-Pet (ABN 62590728076) Bagcorp Pty Ltd ATF Rico International Trust and Magre Pty Ltd ATF JG Barnes Family Trust. Access to and use of the Website, or any of its associated Products or Services, is provided by Oz-Pet. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Oz-Pet reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Oz-Pet updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Oz-Pet in the user interface.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Mailing address

(d) Password

(e) Full Name

3.2. You warrant that any information you give to Oz-Pet in the course of completing the registration process will always be accurate, correct and up to date.

3.3. Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Oz-Pet; or

(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

4.2. You will use the Purchase Services only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Oz-Pet of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Oz-Pet providing the Purchase Services;

(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Oz-Pet for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).

5.2. Payment of the Purchase Price may be made through Commonwealth Bank (the ‘Payment Gateway Provider‘)

5.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.4. Following payment of the Purchase Price being confirmed by Oz-Pet, you will be issued with a receipt to confirm that the payment has been received and Oz-Pet may record your purchase details for future use.

5.5. Oz-Pet may, at their sole discretion, provide a refund on the return of the Products within 28 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty

6.1. Oz-Pet’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).

6.2. You may make a claim under this clause (the ‘ Warranty Claim‘) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘ Warranty Period‘).

6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Oz-Pet showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Oz-Pet at 9610 Pacific Highway, Woodburn, New South Wales, 2472 or by email at info@pha-ozpet.com.au.

6.4. Where the Warranty Claim is accepted then Oz-Pet will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

6.5. The Warranty shall be the sole and exclusive warranty granted by Oz-Pet and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Delivery

7.1. You acknowledge that the Purchase Services offered by Oz-Pet integrate delivery (the ‘ Delivery Services‘) through the use of third party delivery companies (the ‘ Delivery Service Providers‘).

7.2. In providing the Purchase Services, Oz-Pet may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Oz-Pet is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

7.3. In the event that an item is lost or damaged in the course of the Delivery Services, Oz-Pet asks that you:

(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

(b) contact us by sending an email to info@pha-ozpet.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Copyright and Intellectual Property

8.1. The Website, the Purchase Services and all of the related products of Oz-Pet are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Oz-Pet or its contributors.

8.2. Oz-Pet retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Oz-Pet; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

8.3. You may not, without the prior written permission of Oz-Pet and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy

Oz-Pet takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Oz-Pet’s Privacy Policy, which is available on the Application.

10. General Disclaimer

10.1. You acknowledge that Oz-Pet does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

10.2. Oz-Pet will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

10.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

10.4. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Oz-Pet will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

10.5. Use of the Website, the Purchase Services, and any of the products of Oz-Pet (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Oz-Pet, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Oz-Pet (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Oz-Pet) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(d) the Content or operation in respect to links which are provided for the User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

11.1. Oz-Pet’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Oz-Pet is the resupply of information or Purchase Services to you.

11.2. You expressly understand and agree that Oz-Pet, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.3. Oz-Pet is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Oz-Pet, by third parties or by any of the Purchase Services offered by Oz-Pet.

11.4. You acknowledge that Oz-Pet does not provide the Delivery Services to you and you agree that Oz-Pet will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or by Oz-Pet as set out below.

12.2. If you want to terminate the Terms, you may do so by:

(a) notifying Oz-Pet at any time; and

(b) closing your accounts for all of the Purchase Services which you use, where Oz-Pet has made this option available to you.

12.3. Your notice should be sent, in writing, to Oz-Pet via the ‘Contact Us’ link on our homepage.

12.4. Oz-Pet may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Oz-Pet is required to do so by law;

(c) the partner with whom Oz-Pet offered the Purchase Services to you has terminated its relationship with Oz-Pet or ceased to offer the Purchase Services to you;

(d) Oz-Pet is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(e) the provision of the Purchase Services to you by Oz-Pet is, in the opinion of Oz-Pet, no longer commercially viable.

12.5. Subject to local applicable laws, Oz-Pet reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Oz-Pet’s name or reputation or violates the rights of those of another party.

12.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Oz-Pet have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

13.1. You agree to indemnify Oz-Pet, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

14. Dispute Resolution

14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2. Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3. Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Fair Trading or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Sydney, Australia.

14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5. Termination of Mediation:
If 3 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. Venue and Jurisdiction

The Purchase Services offered by Oz-Pet is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

16. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

TERMS & CONDITIONS FOR COMPETITIONS

The promoter is PHA Pty Ltd trading as Oz-Pet – ABN 62 590 728 076 whose registered office is at 86-88 Chinderah Bay Drive Chinderah Bay NSW 2487
The competition is open to residents of Australia aged 13 years or over.
There is no entry fee and no purchase necessary to enter this competition.
By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
Details can be found on our website at www.oz-pet.net.au
Only one entry per person.
Closing date for entry will be on the last day of the show/expo. After this date no more entries will be permitted.
The rules of the competition and how to enter are as follows:
Write name and email address, phone number and place in receptacle at the Oz-Pet stand at the show/expo.
The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
The prize is as follows: 1 single draw of 1 Oz-Pet Cat Loo kit – each kit is valued at $99.00.
The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferrable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
Winners will be chosen by random selection out of a competition box by an officer from PHA/Oz-Pet Woodburn.
The winner will be notified by phone or email within 28 days of the closing date. If the winner can not be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
The promoter will notify the winner when and where the prize can be collected or obtain an address to be delivered to.
The promoter’s decision is respect of all matters to do with the competition will be final and no correspondence will be entered into.
By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.
The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
The winner’s name will be available 28 days after closing date by emailing the following address:
ar@pha-ozpet.com.au
Entry into the competition will be deemed as acceptance of these terms and conditions.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or any other social network. You are providing your information to PHA and not to any other party. The information provided will be used in conjunction with the following privacy policy found at https://dev.oz-pet.net.au/privacy-policy/

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