Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to www.petnest.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘).

(b) The Website is operated by Pet Nest (ABN 49305437372). Access to and use of the Website, or any of its associated Products or Services, is provided by Pet Nest. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that 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 Services, immediately.

(c) Pet Nest reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Pet Nest updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. 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

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Pet Nest in the user interface.

3. Registration

(a) In order to access some features of this Website, you are required to first register as a user of the Website. As part of the registration process, or as part of your continued use of the Website, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Telephone number

(b) You warrant that any information you give to Pet Nest while completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms.

(d) You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Pet Nest; or

(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(iii) 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 Purchase Services.

(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Pet Nest of any unauthorised use of your password or email address or any breach of security of which you have become aware.

(v) 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 Pet Nest providing the Purchase Services.

(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Pet Nest for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase products through the Website, you will agree to the payment of the purchase price listed on the Website for the Product.

(b) Payment of the Purchase Price may be made through SecurePay or PayPal (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by Pet Nest, you will be issued with a receipt to confirm that the payment has been received and Pet Nest may record your purchase details for future use.

(d) For returns and refunds policy refer to the document on the website.

6. Delivery

(a) You acknowledge that the Purchase Services offered by Pet Nest integrate delivery (the ‘ Delivery Services’) using third-party delivery companies (the ‘ Delivery Service Providers’).

(b) In providing the Purchase Services, Pet Nest may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Pet Nest is not the provider of these delivery and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(c) If an item is lost or damaged during the Delivery Services, Pet Nest asks that you contact us by sending an email to orders@petnest.com.au outlining in what way the Products were damaged in transit so we can determine further action.

7. Intellectual Property

(a) The Website, the Purchase Services and all the related products of Pet Nest are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes and are reserved by Pet Nest or its contributors.

(b) Pet Nest retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Pet Nest; or

(b) the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or

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

(c) You may not, without the prior written permission of Pet Nest and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

(a) Pet Nest takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Pet Nest’s Privacy Policy, which is available on the Website.

9. General Disclaimer

(a) You acknowledge that Pet Nest does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) Pet Nest will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website.

(c) 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.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and

(ii) Pet Nest 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the

Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Pet Nest (including the Delivery Services), is at your own risk. Everything on the Website,

the Purchase Services, and the Products of Pet Nest, 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 Pet Nest including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Pet Nest) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer because of any of the following:

(i) 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.

(ii) 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).

(iii) costs incurred because of you using the Website, the Purchase Services or any of the Products.

(iv) the Content or operation in respect to links which are provided for the User’s convenience.

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

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

10. Limitation of Liability

(a) Pet Nest’s total liability arising out of or in connection with the Purchase 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 or where you have not paid the Purchase Price, then the total liability of Pet Nest is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that Pet Nest, its affiliates, employees, 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.

(c) Pet Nest is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Pet Nest, by third parties or by any of the Purchase Services offered by Pet Nest.

11. Indemnity

(a) You agree to indemnify Pet Nest, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) 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.

(ii) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.

12. Severance

(a) The Terms and your usage of the Website would be governed by Australian laws and any claims in relation to petnest.com.au will be dealt by a court in New South Wales, Australia.

(b) If any part of these Terms is found to be void or unenforceable, that part shall be severed, and the rest of the Terms shall remain in force.

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