Your use of this site and the information available on this site is subject to the following terms and conditions:
1.1 This site www.thepawfectionist.com.au (“Website”) is owned and operated by Clairene International Pty. Ltd. – trading as The Pawfectionist (“The Pawfectionist”).
2.1 In these terms and conditions, the expressions “we”, “us”, and “our” are references to The Pawfectionist.
3. Acceptance of Terms and Conditions
3.1 Your access and use of the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the “Terms and Conditions”). Your use of and/or continued access to the Website constitutes your agreement to the Terms and Conditions.
3.2 We may amend the Terms and Conditions at any time by posting the amended terms and conditions on the Website. The amended terms and conditions will be effective immediately and you will be bound by the amended terms and conditions from that time. This agreement may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions. If you violate any Terms and Conditions your right to use and access the Website automatically terminates.
4. Restrictions on Use
4.1 The Website is available only for your personal and non-profit use. We have the right to change or discontinue any feature of the Website including the Material defined in clause 5, hours of availability and equipment required for access.
4.2 You must not transmit or attempt to transmit any data, code or other material of any kind to this Website which contains a virus or other harmful component.
5. Trade marks
5.1 All names, logos and trademarks are either our property or the property of third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without our express written agreement or the relevant contributor. Nothing displayed on the Website should be construed as granting any licence or right to use any name, logo or trademark without our express permission, or the permission of the relevant third party contributor.
6.1 The content of this Website, including all information such as text, graphics, images and other material (“Material”), is protected by Australian and international copyright law. You may download a single copy of the Material and where necessary for reference purposes keep a temporary copy in your computer’s cache and make a single hard copy of the Material. You may make such other use of the material as is otherwise expressly authorised on the Website. Unauthorised use of the Material may violate these copyright laws.
7. No Representations
7.1 We make no representations about the accuracy, reliability, completeness or timeliness of the Material. The Material may contain inaccuracies or typographical errors. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
8. No Warranties
8.1 The Website and Material are provided on an as is basis without any warranties of any kind. We disclaim all warranties to the fullest extent permitted by law.
8.2 The Trade Practices Act 1974 (Cth) and all corresponding state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms (“Prescribed Terms”). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non access to, the Website or the use of or reliance upon the Website or the Material are excluded.
8.3 In addition, we do not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material. Nor do we warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or will give notice of such use, modification or alteration. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
9. Limitation of Liability
9.1 Except as provided by the Prescribed Terms, neither we, our suppliers, or any third parties mentioned on the Website shall be liable for any loss or damage whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages) resulting from the use or access to or inability to use and access the Website and the Material.
10. Specific Warnings
10.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
11.1 Certain taxes and government charges may be payable in relation to the use of our services. We have no responsibility for such taxes and other government charges on transactions on or in anyway connected with the Website. However should any charge be made by us for the supply of goods or services on the Website, such charges are inclusive of any goods and services tax imposed under Australian law (“GST”).
12. Internet Service Providers
12.1 If you are an internet service and/or access provider, which supplies the material to your subscriber, you must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by the Terms and Conditions.
13.1 The Website contains hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site.
13.2 The inclusion of any link does not imply our endorsement of the Linked Site. You link to any such Linked Site entirely at your own risk. We exercise no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites.
13.3 The Material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. We are not liable for the prices or price changes, including where price changes have not been reflected on the relevant site.
13.4 Any purchases or dealings you have with a Linked Site are done at your own risk. We are not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to the Terms and Conditions of this Website. If there is any inconsistency, to the extent of the inconsistency, the Terms and Conditions of this Website prevail.
14.1 The Website display of the Price List is an advertisement made by the Vendor The Pawfectionist.
14.2 The Website may contain embedded hyperlinks or referral buttons to websites operated by third parties or their licensees or contractors (Advertisers). Clause 13 also applies to sites operated by Advertisers. Any claims by Advertisers are not recommendations or endorsements by us.
15. Disputes with Linked Sites and Advertisers
15.1 As we do not and cannot be involved in your interaction with Linked Sites and Advertisers, in the event that you have a dispute with one or more Linked Sites or Advertisers, to the extent permitted by law, you agree to release us (and our agents and employees) from liability for any claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes.
16.1 The Terms and Conditions are effective until terminated by us. We may terminate this agreement and your access to the Website at any time without notice. ln the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
17. Governing Law
17.1 The Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
18.1 We may collect Website visitors’ contact information (such as their e-mail address). Unless you object, this information may be used:
- to send news, information about our activities and general promotional material which we believe may be useful to you;
- to monitor who is accessing the Website or using services offered on the Website; and
- to profile the type of people accessing the Website.
18.2 If you do not wish to have your personal information used in this manner or for any other specific purpose, please email us accordingly.
18.3 The Website may utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
18.4 If you are a User of our Walking or Minding services we may provide your personal information to a veterinarian in the event of an emergency with your pet. We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this Website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
18.5 If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
- we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
- we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
- we are required by law to disclose the information.
18.6 We will preserve the content of any e-mail or other communication you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
18.7 In accordance with the National Privacy Principles, we will not collect sensitive information about you (including information about your health, racial or ethnic origin, political or religious beliefs, philosophical beliefs, membership of professional or trade associations or unions, sexual practices and criminal records) unless you have consented to this or unless we believe we are required by law to do so.
18.8 Personal information which we collect (including your contact details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
18.9 We consider that it is the responsibility of parents to monitor their children’s use of our Website. Nevertheless it is our policy not to offer to send any promotional material to persons in that category.
18.10 You are entitled to have access to any personal information relating to you which you have previously supplied to us over this Website. You are entitled to edit or delete such information unless we are required by law to retain it.
19. Security of Information
19.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
20. Indemnity Clause
20.1 You indemnify us, regardless of any negligence on our part, against all losses, liabilities, legal costs and other expenses incurred by us arising directly or indirectly as a result of or in connections with the breach by you of any provision of these Terms and Conditions or any wilful, unlawful or negligent act by you in connection with the supply by the Vendor The Pawfectionist to you of, or use by you of, any Product.
21.1 If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between The Pawfectionist and you with respect to the subject matter.