PETCON Australia

Website Terms and Conditions

1. About the Website

   • Welcome to petconaustralia.com.au (Website). The Website is operated by PETCON PROPRIETORS PTY LTD t/as PETCON Australia (ABN: 84 685 460 235).

   • The Website provides you with an opportunity to apply to become a PETCON Australia member (Member) for the purpose of booking PETCON Australia’s Services. The Website provides this option by accessing the membership application page (Membership Application). The Website provides Members with the opportunity to browse and book services that have been listed as available on the Website (Services). These options are provided by way of granting you access to the content on the Website (Website Services).

   • Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies 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 its products or Services, immediately

• PETCON Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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.

3. PETCON Australia Membership

   • The Services offered by PETCON Australia are only available to approved Members (Membership).

• Applications for Membership can be made via the Website. When making an application for Membership, separate terms and conditions will be provided.

• You can apply for a Membership by creating an account on the Website.

• As part of the process to apply for a Membership, or as part of your continued use of the Website Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Preferred username

  • Full name and date of birth

  • Phone number and email address

  • Residential status and details of who resides with you

  • Employment details

  • Payment details

  • Referee details

  • And other relevant personal and employment information.

• You warrant any information you give to PETCON Australia in the course of completing an application for Membership will always be accurate, correct and up to date.

• Once you have completed the Membership application process, you will be contacted to discuss Membership. Once your application has been approved, you will become a PETCON Member.

• By applying for Membership, you will be registered to the PETCON Australia Mailing List and agree to receive promotional materials, updates and other content from PETCON Australia via e-mail. You can opt out at any time by following the unsubscribe process contained in e-mails.

• To cancel your Membership at any time you can do so by contacting [email protected].

• You may not use the Website Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with PETCON Australia; or

  • you are a person barred from receiving the Website Services under the laws of Australia.

4.      Your obligations as a Member

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

  • you will use the Website Services only for purposes that are permitted by:

    1. the Terms; and

    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  • 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 Website Services;

  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify PETCON Australia of any unauthorised use of your password or email address or any breach of security of which you have become aware;

  • 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 PETCON Australia providing the Website Services.

5. Copyright and Intellectual Property

• The Website, the Website Services and all of the related services of PETCON Australia 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 Website Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by PETCON Australia or its contributors.

• All trademarks, service marks and trade names are owned, registered and/or licensed by PETCON Australia, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

• use the Website pursuant to the Terms;

• copy and store the Website and the material contained on the Website in your device’s cache memory; and

• print pages from the Website for your own personal and non-commercial use.

PETCON Australia does not grant you any other rights whatsoever in relation to the Website or the Website Services. All other rights are expressly reserved by PETCON Australia.

• PETCON Australia retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

• business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

• a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

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

  • You may not, without the prior written permission of PETCON Australia and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

6. Privacy

PETCON Australia takes your privacy seriously and any information provided through use of the Website and/or Website Services are subject to PETCON Australia’s Privacy Policy, which is available on our Website.

7. General Disclaimer

• You acknowledge PETCON Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Website Services other than provided for pursuant to these Terms.

• 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.

• Subject to this clause and to the extent permitted by law:

• All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

• PETCON Australia 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 Website Services or these Terms (including as a result of not being able to use the Website Services or the late supply of the Website Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

• Use of the Website, the Website Services and any of the products or services of PETCON Australia is at your own risk. Everything on the Website, the Website Services and Services of PETCON Australia, 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 PETCON Australia make any express or implied representation or warranty about its Content or any products or Website Services (including the products or Website Services of PETCON Australia) 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:

• 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;

• 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);

• costs incurred as a result of you using the Website, the Website Services or any of the Services;

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

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

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

8. Information Disclaimer

   • Any information, advice, content or documentation provided through the Website Services, including in the associated blog, podcasts, social media accounts or on any other related platform do not constitute professional, financial, business or other advice and are provided for general information and guidance purposes only. This includes information, guidance or advice provided by third-party guests and speakers on the Website and social media accounts.

   • All care is taken in the preparation of the information and published materials in the associated blog, through the Website Services, social media accounts or on any other related platform. PETCON Australia does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

   • To the extent permissible by law, PETCON Australia will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the associated blog, through the Website Services, social media accounts or on any other related platform.

9.      User Generated Content

9.1.           If you choose to contribute any content to the Website or any other platform operated by PETCON Australia, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

• By contributing content to the Website, you grant PETCON Australia a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by PETCON Australia

• Additionally, if you post Your Content with any personal information including identifying information, such as location or name, you agree PETCON Australia can use this information with Your Content for advertising and promotional purposes, or any other business purpose.

• You confirm you own or have the right to use any copyright material included in Your Content (including replies to PETCON Australia social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and you are not infringing any third-party rights by submitting the content to PETCON Australia You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

• Please ensure you keep your own copies of Your Content as PETCON Australia may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

• PETCON Australia will endeavour to provide you with an appropriate credit when using Your Content on PETCON Australia platforms, though you understand and agree this may not always be possible.

• PETCON Australia reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

10. Limitation of Liability

    • PETCON Australia’s total liability arising out of or in connection with the Website 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.

    • You expressly understand and agree that PETCON Australia, its affiliates, employees, contractors, 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.

    • PETCON Australia is not responsible or liable in any manner for any Website content (including the Content and Third Party Content) posted on the Website or in connection with the Website Services, whether posted or caused by users of the website of PETCON Australia, by third parties or by any of the Website Services offered by PETCON Australia

11. Indemnity

You agree to indemnify PETCON Australia, its affiliates, employees, agents, contributors, third party content Vendors and licensors from and against:

• 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;

• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

• any breach of the Terms.

12. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, the Website Services or these Terms, the parties agree the exclusive venue for resolving any dispute will be in the courts of New South Wales, Australia.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising out of or in any way relating to these Terms will be governed by the laws of New South Wales.

14. Independent Legal Advice

Both parties confirm the provisions of these Terms are fair and reasonable and both parties having had the opportunity to obtain independent legal advice.

15. Severance

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