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- Website T&Cs
- These Website T&Cs only apply to your use of the following websites owned or
operated by the Royalgem Group:
- There are other terms and conditions that may apply to your interactions with us,
including when you complete a purchase of Goods or Services via the Sites or when you
use Royalgem Vet’s WebVet service. In all cases, the relevant terms and conditions
will be provided to you for your review.
- Other Royalgem Group websites may have different terms and conditions which apply
to them.
- The terms “you” and “your” refer to the person accessing or using the Sites or our Goods
or Services.
- Acceptance of Website T&Cs
- These Website T&Cs, including our Privacy Policy, govern your access to and use of
the Sites, including any Site Content (as defined below) and our Goods and Services
provided through or in connection with the Sites.
- By browsing, accessing or using the Sites or by using the Goods or Services
provided through the Sites, you acknowledge and warrant that you have read,
understood and agree to be bound by these Website T&Cs and any additional terms
and conditions notified to you from time to time. If you are under 18 years of age,
then you must obtain your parent or guardian’s consent before accessing or using the
Sites or using the Goods or Services provided through the Sites.
- These Website T&Cs form a legally binding agreement between Royalgem and you. If
you do not agree to these Website T&Cs, you must immediately exit and not access
or use these Sites or our Goods or Services provided via the Sites.
- We may amend these Website T&Cs at any time and will take reasonable steps to bring
any material changes to your attention such as by posting the amendments on the
Sites. As you will be bound by any amendment to these Website T&Cs, you should
review these Website T&Cs from time to time. By continuing to use the Sites or
our Goods or Services after any amendment to these T&Cs, you will be deemed to
have accepted the amended Website T&Cs. If any change has a detrimental effect on
you, you may cease accessing or using the Sites or our Goods or Services via the
Sites.
- Creating an Account
- When you purchase Goods and Services via certain Sites, you may create a user account
by registering via the relevant link on the registration page on the relevant Site
(Account). To register your Account, you must provide Royalgem with certain true
and correct information about yourself as requested by the registration page.
- Signing up to our Friends for Life loyalty program (Loyalty Program) via the
Petbarn website is voluntary and you can do this by creating an Account, or by
signing up using the other methods set out in clause 2 of the Loyalty Program
T&Cs. If you do not wish to become a member of our Loyalty Program and you wish
to purchase Goods or Services via the Petbarn website, please check-out as a guest.
- If you create an Account, you must promptly notify and/or update your profile if any of
your personal information is erroneous or changes from time to time.
- Privacy and security
- If you create an Account, sign-up to receive emails and/or newsletters regarding our
Goods and Services, fill in a ‘contact us’ form, use the live chat function or submit
a customer review on our Sites, we will need to collect your personal information.
Personal information requested by us may include, but is not necessarily limited to:
- your first name and last name;
- your email address;
- your phone number;
- the city where you live;
- whether you have previously purchased the products or services; and
- your opinion of our Goods or Services as expressed by the customer reviews
you submit.
- The collection, use, disclosure and handling of personal information is governed by
our Privacy Policy togethernwith other terms such as our privacy collection statements.
- You confirm that all of the information you provide to us, including any personal
information, will be complete, true and correct.
- You acknowledge that the internet is an inherently insecure communication medium,
and your use of the Sites is at your own cost and risk. You must take your own
precautions to ensure that the processes which you employ for accessing the Sites do
not expose you to the risk of viruses, malicious computer code or other forms of
interference which may damage your own computer system.
- If you create an Account, you must keep all usernames, passwords and other
security-based information secure and private at all times. If your username,
password or other security based information is lost or stolen, you must notify
Royalgem in writing and take any reasonable steps we advise you to take to mitigate
the adverse impact of the lost or stolen security-based information at the earliest
possible opportunity.
- You agree that we have no responsibility for any use, misuse, loss, corruption,
interception or delay of information or data uploaded, downloaded, hosted or
otherwise communicated via the Sites.
- User Generated Content
- You may choose to submit information, content and materials, such as customer reviews
of our Goods or Services (User Generated Content) to the Sites and/or Royalgem.
- You acknowledge and agree that if you choose to submit or post User Generated Content,
you must own or have the right to submit that User Generated Content. User Generated
Content that you submit must be your own opinion. User Generated Content must not:
- infringe any intellectual property rights (including copyright, database right
or trade mark right) of any person or be in breach of any legal duty owed to
any person, such as a contractual duty or a duty of confidence;
- deceive or be likely to deceive any person;
- be used to impersonate any person (including Royalgem and
Royalgem’ representatives) or to misrepresent your identity or affiliation
with any person (including Royalgem and Royalgem’ representatives); or
- be illegal, obscene, defamatory, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, encourage any conduct that would
be considered a criminal offence, give rise to civil liability, violate any
law or be otherwise inappropriate.
- If you become aware or reasonably suspected that any User Generated Content on the
Sites may infringe these requirements, you must promptly notify us in writing.
- User Generated Content that you submit or share on a Site may be seen by other users of
the relevant Site or third parties. Where we have made relevant settings available, we
will use commercially reasonable efforts to honour the choices you make about who can
see your User Generated Content.
- You agree that Royalgem may:
- edit or delete your User Generated Content;
- link your User Generated Content to other material, including User Generated
Content submitted by other users or material created by Royalgem, its related
bodies corporate and/or other third parties;
- use your User Generated Content for its business purposes, for example,
displaying your User Generated Content in our marketing materials or on our
Sites or social media pages;
- directly or indirectly benefit from your User Generated Content; and
- share your User Generated Content with its related bodies corporate, including
other members of the Royalgem Group.
- Royalgem does not promise to display any User Generated Content that you provide.
- Royalgem does not claim ownership rights in your User Generated Content, however, by
submitting your User Generated Content to a Site you are deemed to grant Royalgem (and
its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and worldwide
licence to use, copy, modify, distribute, publish, communicate to the public and process
that User Generated Content in connection with the Sites without further consent from,
or notice and/or compensation to, you. By submitting and/or uploading your User
Generated Content to a Site you consent to anything being done by Royalgem in respect
of that User Generated Content that could otherwise amount to an infringement of your
moral rights in such User Generated Content, and warrant that you have obtained such
consent from all other authors of such User Generated Content.
- Cookies
- By using our Sites, you acknowledge and agree that we may use cookies or other similar
tracking technologies on our Sites to help us track your Site usage and remember your
preferences. More information about how Royalgem uses cookies and how you can enable
or disable cookies can be found in our Cookie Policy (which is available at petbarn.com.au/cookie-policy).
- Prohibited activities
- When using a Site, you must not:
- infringe any intellectual property right (including copyright, database right or
trade mark right) of any person or be in breach of any legal duty owed to any
person, such as a contractual duty or a duty of confidence;
- reproduce any Site Content without our express written permission, which we
may grant or withhold at our absolute discretion;
- seek reimbursement from any other party for access to a Site or on-sell
any information obtained from any Site;
- engage in any conduct which is likely to mislead or deceive us or any other
person, impersonate any other person while using a Site, conduct yourself in
an offensive manner while using a Site, or use a Site for any illegal,
immoral or harmful purpose;
- submit, post, upload, email or otherwise send or transmit to a Site, or any
users of a Site, anything that contains software viruses or any other
computer code, files or programs designed to interrupt, harm, damage, destroy
or limit the functionality of any computer software or hardware or equipment
linked directly or indirectly to any Site; or
- interfere with a Site or networks underlying or connected to a Site or violate
any of the procedures, policies or regulations of a Site or any networks
connected to a Site.
- Intellectual property
- Subject to clause 7.7, the entire contents and design subsisting in, relating to or
arising out of the Sites and available through or in connection with a Site including
copyright, logos, trade marks, designs, text, graphics, images, information,
applications and other files, and their selection and arrangement (the Site Content)
are the intellectual property of Royalgem, our content providers or our licensors,
with all rights reserved.
- You must not do anything, or omit to do anything, which may infringe our intellectual
property rights, except with our express written permission. You must not reproduce,
frame, transmit (including broadcast), adapt, link to or otherwise use any of the
material on a Site, including audio and video excerpts, except as expressly permitted
by statute or with Royalgem’ prior written consent.
- No Site Content may be modified, distributed, communicated, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned,
duplicated, licensed in any form or by any means, in whole or in part, without our
prior written consent. In addition, you agree not to use any data mining, robots, or
similar data gathering and extraction methods in connection with a Site.
- You may view a Site and the Site Content using your web browser and save an
electronic copy, or print out a copy, of parts of a Site solely for your own
information, research or study, but only if you:
- do not modify the copy from how it appears unless expressly authorised
by Royalgem and then only in accordance with these Website T&Cs; and
- include the copyright notice reasonably specified by Royalgem in writing on
the copy.
- When you send us any feedback or suggestions or complete a survey in relation to a
Site, you agree that we can use any ideas, concepts, or techniques contained in the
feedback, suggestions or survey responses. When you participate in any chat sites,
forums or other activities involving the publication of User Generated Content that
you provide in the public forum, you agree that we can reproduce, use and distribute
those materials.
- Linked Sites
- Third party websites
- This clause 11.1 applies where we provide links to the websites of third parties
but not where we provide links to websites belonging to, or operated by,
the Royalgem Group, in which case, clause 11.2 applies.
- We may provide links to third parties’ websites or may divert your devices to
third party websites from time to time (Linked Websites). Unless otherwise
notified on a Linked Website, Linked Websites are not reviewed, controlled or
examined by us in any way. The provision of links to Linked Websites does not
mean that Royalgem endorses or recommends, or has any association with, the
Linked Websites or the relevant third party goods and services.
- You acknowledge and agree that we are not responsible for any of the
content, availability, advertising, products, services or other materials of
any Linked Websites, or any additional links contained on Linked Websites, or
the conduct of any person associated with a Linked Website.
- Linked Websites may be subject to their own terms and conditions and
privacy policies. You acknowledge that it is your sole responsibility to
review and comply with those terms and conditions, and we have no
responsibility for your actions when using a Linked Website.
- Royalgem Group Sites
- This clause 11.2 applies where we provide links to websites belonging to,
or operated by, the Royalgem Group.
- We may provide links to the websites of the Royalgem Group, or may divert
your devices to the websites of the Royalgem Group from time to time
(Royalgem Group Sites). The provision of links to Royalgem Group Sites
are for your convenience only, such as Royalgem re-directing you to the
Petbarn website if you wish to purchase products from Petbarn.
- The Royalgem Group Sites are subject to the terms and conditions and
privacy policies of the relevant Royalgem Group Member (if applicable). You
should review and comply with the relevant terms and conditions if accessing
Royalgem Group Sites.
- Availability
- While we take reasonable steps to ensure the availability and security of the Sites,
you accept that the Sites are provided on a ‘as is’ basis. We do not warrant that any
Sites will be continuously available and we will not be liable if any Site or any
part of any Site is unavailable at any time or for any reason. We do not represent,
warrant or undertake that any Site will be error, defect, ‘bug’ or ‘virus’ free.
- The Sites are not a storage service and you agree that we have no obligation to
store, maintain or provide you with a copy of any User Generated Content that
you provide, except to the extent required by applicable law or as provided
in our Privacy Policy.
- Disclaimer
- The Site Content is intended to provide general information only. It is not in the
nature of advice. While every effort is taken to ensure the information is accurate,
we do not represent or warrant that this information is correct, current, complete,
reliable or suitable for any purpose and it must not be relied on by you or any other
person as a substitute for appropriate advice tailored to specific circumstances
(such as veterinary advice or pet nutritionist or allergy advice for your pet’s
circumstances).
- The information on the Sites is provided on the basis that all persons accessing
a Site undertake responsibility for assessing the relevance and accuracy of
its content.
- Limitation of liability and indemnity
- Without limiting any provisions of these Website T&Cs, we will not in any way be
liable to you for any kind of loss or damage incurred as a result of your use of any
Site, including any viruses or other malicious software that may affect you while you
use a Site or for any faults, failures or interruptions or the accuracy, timeliness,
completeness, security or reliability of any communications (including any
transactions) made using a Site.
- Nothing in these Website T&Cs is intended to exclude, restrict or modify any
condition, guarantee, warranty, right or remedy that you may have under the
Competition and Consumer Act 2010 (Cth) or any other applicable legislation which may
not be excluded, restricted or modified by agreement (Non-excludable Rights).
- To the maximum extent permitted by law, under no circumstances will Royalgem
be responsible to you or any third party whether in contract, tort (including
negligence), in equity or under statue for any special, indirect, consequential,
incidental or punitive damages, including damages for loss of opportunity, profits,
revenue or goodwill, regardless of whether or not such loss or damage was foreseeable
and even if advised of the possibility of such loss.
- Except for liability in relation to breach of any Non-excludable Rights and liability
under clause 14.5, our total maximum liability to you in contract, tort (including
negligence), statue or otherwise, is limited to one thousand Australian dollars (AUD
$1,000).
- To the maximum extent permitted by law, our liability for breach of any
Non-excludable Rights is limited to:
- any replacement or refund for a major failure and you may seek compensation
for any other reasonably foreseeable loss or damage; or
- replacement or repair if the goods or services fail to be of acceptable quality
and the failure does not amount to a major failure.
- You agree to indemnify, defend and hold us harmless from and against all losses,
expenses, damages and costs (including reasonable solicitor’s fees) or liability
incurred or suffered by you or by us arising from any claim, demand, suit, action or
proceeding by any person against you or us where such loss or liability arose out of,
in connection with, or in respect of your conduct in breach of these Website
T&Cs.
- Cancellation, suspension and termination
- You may cancel your Account at any time by notice to Royalgem at the contact
details below.
- Cancelling your Account will end your ability to access your Account and you will need
to register again with Royalgem if you change your mind. Any data or personal
information Royalgem has collected about you or your use of the Sites will be
retained and destroyed in accordance with Royalgem’ Privacy Policy. In particular,
Royalgem reserves the right to delete any information or data that relates to your
Account if your Account has been deleted for a period exceeding 30 days.
- Notwithstanding anything else in these Website T&Cs, Royalgem may
immediately suspend or terminate your Account without notice or cause for any of the
following reasons:
- you breach any of these Website T&Cs;
- you have failed to provide correct personal information in accordance with
clause 6.1;
- Royalgem has ceased to provide the Account functionality;
- Royalgem’ business or contractual relationships with third parties
require Royalgem to do so; or
- Royalgem considers that you have done something that is detrimental
to Royalgem’ business interests or reputation or those of any of its third
parties.
- You acknowledge that neither Royalgem, nor any other person, will have any liability
to you for any reason whatsoever arising from suspension or termination of your
access to your Account.
- General
- Entire agreement: These Website T&Cs, together with any additional terms and
conditions set out on any Site from time to time, constitute the entire agreement
relating to its subject matter and supersede and cancel any prior drafts, versions,
agreements, undertakings, representations, warranties and arrangements of any nature,
whether in writing or oral, relating to such subject matter.
- Force majeure: We will not be in breach of these Website T&Cs or otherwise liable to
you or any other person for any unavailability or failure of any Site, or the Goods
or Services or any delay or other failure by us to comply with these Website T&Cs
that is caused by or arises from any event or circumstances beyond our control.
- Rights cumulative: The rights, powers, privileges and remedies provided under
any provision of these Website T&Cs are cumulative and not exclusive of any
rights, powers, privileges or remedies provided under any provision of these Website
T&Cs or by applicable law or otherwise.
- Waiver: No failure to exercise nor any delay in exercising by us of any right, power,
privilege or remedy under these Website T&Cs will impair or operate as a waiver
thereof in whole or in part. No single or partial exercise of any right, power
privilege or remedy under these Website T&Cs will prevent any further or other
exercise thereof or the exercise of any other right, powers, privilege or remedy.
- Invalidity: Any clause or provision of these Website T&Cs held to be illegal,
invalid, void, voidable or unenforceable must be read down to the extent necessary to
ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not
possible to read down a clause or provision as required by this clause, part or all
of the provision or clause of these Website T&Cs will be severed from these
Website T&Cs and the remaining clauses or provisions continue in force.
- Interpretation: In these Website T&Cs, unless expressed to the contrary:
- a person includes a firm, partnership, joint venture, association, corporation
or other body corporate;
- the word ‘includes’ in any form is not a word of limitation;
- where a word or phrase is defined, another part of speech or grammatical form
of that word of phrase has a corresponding meaning;
- references to the singular include the plural and vice versa;
- a gender includes all other genders; and
- headings and sub-headings are for ease of reference only and do not affect
the interpretation of these Website T&Cs.
- Governing law: These Website T&Cs are governed by the laws of New South
Wales, Australia. You are deemed to submit to the non-exclusive jurisdiction of the
courts of New South Wales. The Sites may be accessed throughout Australia and
overseas. Royalgem makes no representation that the Site Content complies with the
laws (including intellectual property laws) of any country outside Australia. If you
access any Site from outside Australia, you do so at your own risk and are
responsible for ensuring that your access to the relevant Site is not illegal or
prohibited by laws which apply to you.
- Contact us
- If you have any questions about our Website T&Cs or concerns about our Sites, the
Site Content or our Goods or Services.
