TERMS OF SERVICE

OVERVIEW

This website is operated by Petcetera Shop. Throughout the site, the terms “we”, “us” and “our” refer to Petcetera Shop. Petcetera Shop provides this website, including all information, tools, products and services available through this site, to you, the user, subject to your acceptance of the terms, conditions, policies and notices set out below.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein or made available by hyperlink.

These Terms apply to all users of the site, including, without limitation, browsers, customers, merchants, vendors and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained in this agreement, you may not access the website or use our Services.

Any new features, products, services or tools added to the store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to review this page periodically for changes. Your continued use of or access to the website after changes are posted constitutes your acceptance of those changes.

Our store is hosted by Shopify Inc., which provides the ecommerce platform that enables us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, territory, province or jurisdiction of residence, or that you are the age of majority in your jurisdiction and have given us permission to allow any of your minor dependants to use this site.

You may not use our products or Services for any illegal or unauthorised purpose. In using the Service, you must not violate any laws applicable in your jurisdiction, including copyright and intellectual property laws.

You must not transmit viruses, worms, malware or any other code of a destructive or harmful nature.

A breach or violation of these Terms may result in the immediate termination of your access to the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone where permitted by applicable law.

You understand that content you provide, excluding payment information, may be transferred unencrypted and may involve transmissions over various networks and technical changes required to conform and adapt to connecting networks or devices. Payment information is encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, your access to the Service, or any contact through the website by which the Service is provided, without our express written permission.

The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information provided on this website is accurate and current. However, information made available on this site may occasionally be incomplete, inaccurate or outdated.

Material on this site is provided for general information and should not be relied upon as the sole basis for making decisions where more accurate, complete or current sources of information are reasonably available.

This site may contain historical information. Historical information is not necessarily current and is provided for reference only.

We reserve the right to modify the contents of this site at any time. Where permitted by law, we are under no obligation to update information unless required to do so.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and Services are subject to change without notice, subject to applicable law and any rights you may have in relation to an order already accepted by us.

We reserve the right to modify, suspend or discontinue the Service, or any part or content of it, at any time.

To the maximum extent permitted by law, we will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through our website. These products or Services may have limited quantities and are subject to return, refund or exchange in accordance with our Refund Policy and your rights under applicable consumer law.

Please refer to our Refund Policy.

We make every reasonable effort to display product images and colours as accurately as possible. However, the appearance of colours may vary depending on your device, screen and display settings, and we cannot guarantee that your device will display colours with complete accuracy.

We reserve the right, where permitted by law, to limit sales of our products or Services to any person, geographic region or jurisdiction on a case-by-case basis. We may also limit the quantities of products or Services available for purchase.

Product descriptions, availability and pricing may be changed at any time without notice. We also reserve the right to discontinue any product at any time.

Any offer for a product or Service made through this site is void where prohibited by law.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified under applicable consumer law.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel an order where permitted by law. We may, at our discretion, limit or cancel quantities purchased per person, household or order.

These restrictions may include orders placed using the same customer account, payment method, billing address or shipping address.

If we change or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided when the order was placed.

We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to have been placed by dealers, resellers or distributors without our authorisation.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other relevant information so that we can complete transactions and contact you when necessary.

For further information, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor, control or manage.

You acknowledge that access to these tools may be provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we make no representations or warranties regarding third-party tools and accept no liability arising from or relating to your use of them.

Your use of optional third-party tools is at your own discretion. You should review and understand the terms and policies of the relevant third-party provider before using those tools.

We may introduce new Services, features, tools or resources through the website in the future. Any such additions will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products or Services available through our website may include materials or services provided by third parties.

Links on our site may direct you to third-party websites that are not affiliated with Petcetera Shop. We are not responsible for examining or evaluating the content, accuracy, policies or practices of third-party websites.

To the maximum extent permitted by law, we are not responsible for loss or damage arising from your use of third-party websites, products, services, resources or content.

Please carefully review the policies and practices of third parties before entering into a transaction with them. Questions, complaints or claims relating specifically to third-party products or services should be directed to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us submissions, ideas, suggestions, proposals, plans, feedback or other materials, whether at our request or voluntarily, you agree that, subject to applicable law, we may use, edit, copy, publish, distribute, translate and otherwise use those submissions in any medium without restriction.

Unless otherwise required by law or agreed by us in writing, we are under no obligation to maintain comments in confidence, pay compensation for comments or respond to comments.

We may, but are not obligated to, monitor, edit or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable, or that violates another party’s intellectual property rights or these Terms.

You agree that your comments or submissions will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You must not submit unlawful, abusive, defamatory or obscene material, or any virus, malware or other harmful code.

You must not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of your comments.

You are responsible for the comments and submissions you make and for their accuracy. To the maximum extent permitted by law, we accept no responsibility or liability for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission and our handling of personal information through the store are governed by our Privacy Policy.

Please review our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability.

Subject to applicable law, we reserve the right to correct errors, inaccuracies or omissions and to change or update information where necessary.

If incorrect information affects an order you have already placed, we will handle the matter in accordance with applicable law and any rights available to you.

We are not obligated to update, amend or clarify information except where required by law.

SECTION 12 - PROHIBITED USES

In addition to any other restrictions contained in these Terms, you must not use the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(c) to violate applicable international, federal, state, provincial, territorial or local laws, regulations or rules;

(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, threaten, insult, harm, defame, intimidate or unlawfully discriminate against another person;

(f) to submit false or misleading information;

(g) to upload or transmit viruses, malware or any other malicious or destructive code;

(h) to improperly collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, scrape or engage in similar abusive practices;

(j) for any obscene or unlawful purpose; or

(k) to interfere with or circumvent the security features of the Service, our website, other websites or the internet.

We reserve the right to terminate or restrict your use of the Service for violating these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy provided by the Australian Consumer Law or any other applicable law where doing so would be unlawful.

Subject to those rights, we do not guarantee that your use of our Service will always be uninterrupted, timely, secure or error-free.

We do not guarantee that all results or information obtained through the Service will always be accurate or reliable.

From time to time, we may suspend, remove or discontinue all or part of the Service.

To the maximum extent permitted by law, the Service and products and Services delivered through the Service are provided on an “as is” and “as available” basis, except where otherwise expressly stated by us or required by law.

To the maximum extent permitted by law, Petcetera Shop and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential loss arising from your use of the Service or products purchased through the Service.

This may include loss of profits, revenue, savings or data, except to the extent such liability cannot lawfully be excluded or limited.

Where applicable law does not permit a particular exclusion or limitation of liability, our liability will be limited only to the maximum extent permitted by that law.

SECTION 14 - INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify and hold harmless Petcetera Shop and its related entities, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from claims, demands, losses or reasonable legal costs arising from your material breach of these Terms, your violation of applicable law, or your infringement of the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law.

Any unenforceable portion will be deemed severed from these Terms, and that determination will not affect the validity or enforceability of the remaining provisions.

SECTION 16 - TERMINATION

Any obligations and liabilities incurred by either party before termination will survive termination where appropriate.

These Terms remain effective unless and until terminated by either you or us.

You may stop using our Services at any time.

If we reasonably believe that you have failed to comply with a material provision of these Terms, we may suspend or terminate your access to the Service, subject to applicable law.

Any amounts properly due and payable before termination will remain payable following termination.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted on our website relating to the Service, constitute the entire agreement between you and us regarding your use of the Service and supersede prior agreements, communications and proposals relating to that use, whether oral or written.

SECTION 18 - GOVERNING LAW

These Terms and any separate agreements through which we provide Services to you are governed by and construed in accordance with the laws of Australia and any applicable state or territory laws.

Nothing in this section limits any rights you may have under applicable consumer protection laws.

SECTION 19 - CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting an updated version on our website.

Where appropriate, changes will take effect from the date they are published. Your continued use of the website or Service following the posting of updated Terms constitutes acceptance of those changes, subject to applicable law.

SECTION 20 - CONTACT INFORMATION

Questions regarding these Terms of Service can be submitted through the contact form available on our website.