Terms of service
This agreement governs your use of the website owned and operated by The Pet Superstore AU. Throughout this document, the terms “we”, “us”, and “our” refer to The Pet Superstore AU. By accessing our website or purchasing our products, you agree to be bound by these Terms of Service. Please read them carefully.
SERVICE -
By accessing or using our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree to all of these Terms of Service, then you may not access or use any part of our website or purchase any of our products.
MODIFICATION OF TERMS OF SERVICE -
We reserve the right to modify these Terms of Service at any time. Any changes will be posted on our website, and your continued use of our website following the posting of any changes constitutes your acceptance of such changes.
PRICING -
All prices and payments for our products are in Australian Dollars. We reserve the right to change the prices for our products at any time without notice.
PRODUCT DETAILS -
We reserve the right to make changes to our products, including changes in price, content, description, terms, and other details at any time without notice.
CANCELLATIONS -
We reserve the right to cancel any order without notice.
PAYMENT -
Full payment must be received with your order prior to shipping. We may accept purchase orders from educational institutions upon prior approval, and payment is due within a maximum of 30 days of receipt of goods.
HOSTING -
Our online store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ACCEPTANCE -
By accessing our website or purchasing our products, you agree to be bound by these Terms of Service. If you do not agree to all of these Terms of Service, then you may not access or use any part of our website or purchase any of our products. If these Terms of Service are considered an offer, your acceptance is expressly limited to these Terms of Service.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you affirm that you have attained the age of majority in your state or province of residence or have obtained the consent of a legal guardian to use this website on behalf of any minor dependents. You further acknowledge that you will comply with all applicable laws in your jurisdiction, including copyright laws, and will not use our products for any unauthorized or illegal purposes. You agree not to transmit any worms, viruses or any other code of a destructive nature through the use of our Service. Any breach or violation of these Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to any individual at any time for any reason. You acknowledge and understand that your content (excluding credit card information) may be transferred unencrypted, and may be subject to changes in order to comply with the technical requirements of connecting networks and devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service or access to our website without express written permission by us. The headings in this agreement are provided solely for convenience and will not limit or affect these Terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable for any inaccuracies, incompleteness or untimeliness of the information made available on our website. The material provided on our site is intended for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material provided on our site is done at your own risk. Our website may contain certain historical information which may not be current and is provided for reference only. We reserve the right to modify the contents of our website at any time without any obligation to update the information on our site. It is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice. We reserve the right to modify or discontinue our Service (or any part or content thereof) without prior notice. We will not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available exclusively online through our website. These products or services may have limited quantities and may be subject to our Return Policy. We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
This section outlines the terms and conditions for orders placed with us. We reserve the right to refuse any order, limit or cancel quantities purchased, and restrict orders placed by the same customer account, credit card, or billing and/or shipping address, at our sole discretion. If we make any changes to or cancel an order, we will attempt to notify you through the e-mail and/or billing address/phone number you provided at the time of purchase. We also reserve the right to limit or prohibit orders placed by dealers, resellers, or distributors if we determine that such orders appear to be in our sole judgment.
By placing an order with us, you agree to provide current, complete, and accurate purchase and account information. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For further details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools, but we do not monitor or have any control over them. By using these optional tools, you acknowledge and agree that they are provided to you “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement from us. We shall have no liability whatsoever arising from or relating to your use of these third-party tools.
You use these optional tools entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s). In the future, we may offer new services and/or features through the website, which shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may include content, products, and services available through third-parties. Third-party links on this site may direct you to websites that are not affiliated with us. We do not examine or evaluate the content or accuracy of third-party materials or websites, and we do not warrant or assume any liability or responsibility for them.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is your responsibility to review the third-party's policies and practices carefully and make sure you understand them before engaging in any transaction. If you have any complaints, claims, concerns, or questions regarding third-party products, please direct them to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
In compliance with these Terms of Service, if we request that you submit specific materials (such as contest entries), or if you independently provide creative concepts, proposals, plans, or any other materials (hereafter referred to as "comments"), you consent to our unrestricted use of such comments at any time without limitation. This includes, but is not limited to, editing, copying, publishing, distributing, and translating the comments into any medium. We are not obliged (1) to maintain the confidentiality of any comments; (2) to provide compensation for any comments; or (3) to respond to any comments.
While we are not obliged to do so, we may monitor, edit, or remove any content that we, in our sole discretion, deem to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or objectionable, or that infringes on any intellectual property rights or these Terms of Service.
You confirm that your comments will not violate any third-party rights, including, but not limited to, copyright, trademark, privacy, personality, or other personal or proprietary rights. You also acknowledge that your comments will not contain libelous, unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You agree not to use a false email address, impersonate any person or entity, or deceive us or third parties as to the origin of any comments. You are solely responsible for the accuracy of any comments you provide. We assume no responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your provision of personal information through the Service is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
On occasion, there may be errors, inaccuracies, or omissions on our website or in the Service relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify or update information or cancel orders at any time without prior notice, including after you have submitted your order.
We have no obligation to update, modify or clarify any information in the Service or on any related website, including pricing information, except as required by law. The absence of a specific update or refresh date on the Service or any related website does not imply that all information on the Service or related website has been modified or updated.
SECTION 12 - PROHIBITED USES
The following prohibited uses, in addition to any others set forth in the Terms of Service, are strictly prohibited in connection with your use of the site or its content:
(a) Using the site or its content for any unlawful purpose; (b) Soliciting others to perform or participate in any unlawful acts; (c) Violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others; (e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) Submitting false or misleading information; (g) Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) Collecting or tracking the personal information of others; (i) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) Using the site or its content for any obscene or immoral purpose; or (k) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.
Violation of any of these prohibited uses may result in termination of your use of the Service or any related website.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We make no warranty that the results that may be obtained from the use of the service will be accurate or reliable.
We reserve the right, at our sole discretion, to remove the service for indefinite periods of time or to cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall The Pet Superstore AU, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You, the user, hereby agree to indemnify, defend and hold harmless The Pet Superstore AU, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party arising from or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, it shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service shall remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination and we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us, governing your use of the Service. These Terms of Service supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You may access the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions about the Terms of Service, please contact us via the 'Contact Us' form on our website.