Terms & Conditions - Paw Xplore
1. BINDING AGREEMENT
1.1. By purchasing goods on the Paw Xplore (“PX”) website www.pawxplore.com.au (‘Website’) or using our services You agree to be bound by these Terms and Conditions (“T’s&C’s”) until the engagement is terminated, the goods are provided, the services rendered are complete or as otherwise set out herein.
1.2. These T’s&C’s constitute an agreement between PX and You (“Agreement”).
1.3. Throughout these T’s&C’s, “you” or “your” refers to the individual visiting the Website, purchasing the goods or using the services.
2. USE OF MATERIAL ON THE WEBSITE
2.1 You may only use the Website for authorised purposes. You must not use the Website for any other purpose including: (i) the reproduction of the material in any material form; (ii) the distribution of the material in any material form; (iii) re-transmission of the material by any medium of communication; (iv) uploading or reposting the material to any other site on the Internet; and (v) “framing” the material on the Website with other material on any other website.
2.2 Despite 2.1, you may download material from the Website for your personal, non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
2.3 You may not modify or copy: (i) the layout of the Website; or (ii) any computer software and code contained in the Website.
3. LINKS TO OTHER WEBSITES
3.1 PX has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
3.2 Our Website may contain links to third-party web sites or services that are not owned or controlled by PX.
3.3 You further acknowledge and agree that PX shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any third-party such websites or services or applications.
3.4 PX strongly recommends you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
4. INTELLECTUAL PROPERTY
4.1 The Website and its original content features and functionality are and will remain the exclusive property of PX and its licensors.
4.2 The Website and PX is protected by copyright, trademark, and other laws of both Australia and foreign countries.
4.3 All logos, icons, brand names or service names that identify the owner and operator of this Website are copyright property or trademarks or service marks of PX. All other trademarks or service marks on this Website are the property of their respective owners.
4.4 You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other property rights or legal protections and could result in criminal or civil penalties.
5. GOODS AND SERVICES
5.1. All goods and services are purchased and provided exclusively through the Website.
5.2. PX has made every effort to display images of its goods on the Website to accurately reflect the true colours and specifications of the goods. PX cannot guarantee, however that viewing the goods on Your computer or device will accurately reflect the true colours and specifications of the goods.
5.3. PX reserves the right to limit the quantity of goods available at any time and to discontinue any range or colour of particular goods at its sole discretion.
6. ENGAGEMENT PROCESS
6.1. Upon receiving your purchase order, you will be required to scan the QR code on the goods purchased.
6.2. Setting Up Account
You will be required to set up an account through the Website. By scanning the QR code on the goods, you will be directed to set up an account with a password. This will also require you inserting your personal details including your phone number, email address, name and home address. These details will only be accessible to you.
6.3. Publicly Available Information
You will also be required to enter any details you wish to be visible to any third party upon scanning the QR code. You must ensure that only the details you wish to be available to the public are entered at this step. You are solely responsible for the information entered at this section and understand that to best protect your personal information, limited details should be available to the public.
6.4. PX Premium Service
Purchase of the PX premium service, will enable you to upload photographs, medical history, and other details of your pet for an annual fee (“Premium Service”).
6.5. You authorise PX to do everything necessary to carry out or provide the goods or services.
7. COLLECTION OF PERSONAL & PAYMENT DETAILS
7.1. PX will collect your personal details at the time you purchase goods or services, set up your account and enter personal information and you agree to those details being used and collected by PX in order to provide you with the goods and services.
7.2. PX and any people or legal entities authorised by it may gather and process the personal information: (i) which you provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and (ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer or device when you access our Website.
7.3. You acknowledge that the information you provide pursuant to clause 6.3 will be accessible by members of the public upon scanning the QR code on the goods and you consent to this information being publicly assessable. You acknowledge that any information you do not wish to be accessible must not be included in the publicly accessible information section of the Website.
7.4. PX may authorise others to offer you goods and services using the personal information acquired, as described in clause 7.1.
7.5. PX will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy for details of how PX collects, stores and uses your personal information.
7.6. At the time of purchasing any goods via the Website, you will be required to make payment by using a debit or credit card.
7.7. The collection and handling of your personal details will be in accordance with our Privacy Policy which forms part of this Agreement.
7.8. In making any payment, you represent and warrant that: (i) you are authorised to use any credit or debit card(s) or other payment method(s) in making a payment and that (ii) the information you supply to us is true, correct and complete.
7.9. PX uses a third party payment system, PayPal, to collect payment for any purchase made on the Website. Payment details are not collected or stored by PX. For further detail on the use of payment information by PayPal please go to https://www.paypal.com/au/webapps/mpp/ua/privacy-full?locale.x=en_AU or the PayPal website.
8. FEES AND PAYMENT
8.1. Prices listed on the Website may be increased by PX from time to time.
8.2. Shipping costs will be charged in addition to the prices listed on the Website. Shipping costs are available on the Website.
8.3. Fees for the Premium Service will be displayed on the Website and are subject to change from time to time.
8.4. Upon each anniversary of you taking up the Premium Service, the annual Premium Service fee will be automatically debited from your nominated account and you consent to this automatic payment taking place for the continued use of the Premium Service without further notification. Should you wish to cancel the Premium Service, you must contact us by email at hello@pawxplore.com.au. Any annual fees already paid will not be refunded nor applied on a pro rata basis.
9. SHIPPING OF GOODS
9.1. All standard orders in Australia, are sent by Australia Post without Insurance or tracking.
9.2. PX will not be liable for any loss or damage incurred by any person as a result of delay caused by a carrier or by any event which is out of our reasonable control or foresight, including, but not limited to, any delay caused by an incorrect delivery address being provided to us.
9.3. For non-delivery of goods, you are required to notify us by email as soon as possible.
10. REFUND POLICY
10.1. We do not give refunds if you change your mind, find the same or similar product cheaper elsewhere or make the wrong decision.
10.2. You must inspect the goods immediately upon arrival and if the goods are damaged, defective or if you receive the wrong goods, then you must notify us by email within 7 days of receipt of the goods. In the event that you receive damaged or defective goods a photo of the goods must also be emailed to hello@pawxplore.com.au. If no notice is received within the relevant period, the goods are deemed to be acceptable to you.
10.3. In the event any refund or return is accepted by PX, PX must receive the goods by return post before any refund is processed, unless PX agrees otherwise.
10.4. This clause 10 does not operate or intend to limit any Consumer Guarantee under the Australian Consumer Law.
11. ACKNOWLEDGEMENT, OBLIGATIONS & WARRANTIES
11.1. You acknowledge that these T’s &C’s govern the provision of the goods and services provided by PX to you and any agreement that operates between PX and you.
11.2. You agree to act in good faith with PX and provide it with all information and assistance to allow PX to perform or supply the goods and services in accordance with these T’s & C’s.
11.3. You warrant that you have not engaged in any fraudulent activity in entering into this Agreement, in making any payments, or in respect of your identity.
11.4. You acknowledge that some information uploaded by you may be accessible by members of the public upon scanning the QR code printed on the goods.
11.5. You acknowledge that you are solely responsible for the information that you elect to make publicly available via the QR code.
11.6. Any goods purchased must be kept out of the reach of children as the goods may pose a choking hazard.
11.7. You agree to ensure that all goods are correctly fixed to your pet’s collar and to regularly inspect the goods to ensure they do not pose a safety hazard.
12. INFORMATION DISCLAIMER
12.1 Information provided by PX on this Website is general in nature only.
12.2 You use the Website at your own risk.
12.3 To the full extent permitted by law, PX disclaims any and all warranties, express or implied, regarding: (i) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and (ii) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites
12.4 PX will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: (i) acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and (ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
12.5 PX will not be liable to you for any loss of information or privacy or any damages arising out of or resulting from any loss of information or privacy, regardless of whether such loss or damage is caused due to PX negligence or otherwise and regardless of whether such claim arises out of contract or at law including but not limited to tort.
13. WEBSITE DISCLAIMER
13.1 PX does not warrant, guarantee or make any representation that: (i) the Website, or the server that makes the site available on the Internet are free of software viruses, trojans, malware, ransomware or the like; (ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and (iii) errors and defects in the Website will be corrected.
13.2 PX is not liable to you for: (i) errors or omissions in the Website, or linked sites on the internet; (ii) delays to, interruptions of or cessation of the goods or services provided in the Website, or linked sites; whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause; (iii) any loss or damage caused by software viruses, trojans, malware, ransomware or the like.
13.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
13.4 PX reserves the right to change these Ts&Cs from time to time: (a) with or without further notice to you; and (b) without giving you any explanation or justification for such change and it is your sole responsibility to ensure you are familiar with the most current version of the T’s&C’s.
14. AUSTRALIAN CONSUMER LAW
14.1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, You are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
15. LIABILITY
15.1. To the maximum extent permitted by applicable law, in no event shall PX or its suppliers, contractor or employees be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, death, loss of privacy arising out of or in any way related to the use of or inability to use the goods and service, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these T’s&C’s), regardless of whether such loss causing event or claim arises out of contract or at law, and regardless of whether any such act or omission arises out of negligence or otherwise even if PX or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
15.2. Any implied warranty or condition in respect of the goods or services is limited, at our choice, to one or more of the following: if the breach of an implied warranty or condition relates to goods or services: (i) the supply of the goods or services again; or (ii) the payment of the cost of having the goods or services supplied again
15.3. This Clause 15.1 continues to operate after the termination of this Agreement.
16. INDEMNITY
16.1. You agree to indemnify PX and keep it indemnified on a full indemnity basis in contract and at law against any loss or damage it suffers in connection with these T’s&C’s including but not limited to, liabilities or expenses (including all legal costs) it incurs; arising out of any act or omission of You; breach of these T’s&C’s by You; breach of a warranty given by you; incomplete, false, misleading or deceptive representations made by you, or your officers, employees or other agents; wrongful or negligent act or omission made by you, or your officers, employees or other agents; or failure by You to pay any amount owing under these T’s&C’s, save and except to the extent that PX contributed to the incurrence of the liability.
16.2. This Clause 16.1 continues to operate after the termination of this Agreement.
17. CANCELLATION OF PREMIUM SERVICE
17.1. In the event an automated payment for the Premium Service is declined, you will be notified via the email address we hold for you and your Premium Service will be suspended until payment is received.
17.2. Should your Premium Service remain suspended for a period of 3 months, PX have the right to cancel your Premium Service and you must ensure that any photographs, medical history or other details uploaded and stored on the Website, that you wish to retain, are removed from your account prior to cancellation.
17.3. PX takes no responsibility for notifying you of a pending cancellation and it is your sole responsibility to ensure any information that you have uploaded to your account is removed prior to cancellation of your account.
18. TERMINATION
18.1. You may terminate this Agreement at any time by cancelling your online account.
18.2. PX may terminate the Agreement and suspend the provision of services if:
18.2.1 You fail to comply with Your obligations pursuant to these T’s&C’s;
18.2.2 it forms the opinion that mutual confidence and trust does not exist between you and PX;
18.2.3 it forms the opinion that you have engaged in conduct which is defamatory, inappropriate, offensive, or otherwise not aligned with PX’s view of acceptable use of the Website.
18.2.4 it believes on reasonable grounds that it cannot perform or provide the goods and/or services;
18.2.5 it believes on reasonable grounds that by continuing to provide the goods and/or services it may be in breach of any law, regulation or industry standard;
18.2.6 for any other reason whatsoever.
18.3 PX may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and PX is not liable for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website
19. DISPUTE RESOLUTION
19.1. If you have any concern or dispute in relation to the goods or services, you agree to first attempt to resolve the dispute informally by contacting PX directly at hello@pawxplore.com.au with details of Your concern or complaint.
20. SEVERABILITY AND WAIVER
20.1. If any provision of these T’s&C’s is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law.
20.2. Any such provision referred to in clause 20 will not impact the remaining provisions of this Agreement which will continue in full force and effect.
21. GOVERNING LAW
21.1. The laws of Victoria, Australia shall govern these T’s & C’s.
