WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.mindfulpetcare.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'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
(b) The Website is operated by Mindful Pet Care Pty Ltd(ABN 83648423849). Access to and use of the Website, or any of its associated Products or Services, is provided by Mindful Pet Care Pty Ltd. 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) Mindful Pet Care Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mindful Pet Care Pty Ltd 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 record
2. Acceptance of Terms and Conditions
(a) You accept the Terms by remaining on the Website (www.mindfulpetcare.com.au) made available to you by Mindful Pet Care Pty Ltd in the user interface.
(a) In order to access the Purchase Products, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details). When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should ant of your registration change, you should immediately update your information or email email@example.com.
(b) 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 Mindful Pet Care
Pty Ltd; 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 PurchaseServices.
(a) All Purchase Products are subject to acceptance and availability whereby items in your shopping cart are not reserved and may be purchased by other customers. We seek to offer products for sale that are in stock and available for dispatch within a reasonable timeframe. Occasionally however, we may be waiting for additional stock from suppliers, in which Mindful Pet Care Pty Ltd will notify you of such delay and you will be given the opportunity to refund your purchase.
5. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
(c) Following payment of the Purchase Price being confirmed by Mindful Pet Care Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Mindful Pet Care Pty Ltd may record your purchase details for future use.
(d) Mindful Pet Care Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 14 days days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
(e) Prices for our products are subject to change without notice. We reserved the right to modify or discontinue the service (or any part of the content thereof) at any time without notice. We shall not ve liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
(e) All products sold on the website are sourced from third party providers, Mindful Pet Care Pty Ltd does not take responsibility for any damages caused by the products.
(f) Mindful Pet Care Pty Ltd's Products come with guarantees under the Australian Consumer Law, Competition and consumer act 20210 schedule 2 section 54. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage.
(g) MindfulPet Care Pty Ltd does not apply replacements to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
(a) You acknowledge that the Purchase Services offered by Mindful Pet Care Pty Ltd integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
(b) In providing the Purchase Services, Mindful Pet Care Pty Ltd may provide you with a delivery option as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Mindful Pet Care Pty Ltd is not the provider of these deliveries and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) Mindful Pet Care does not take responsibility for lost of stolen deliveries, especially when no signature was required
(d) In the event that an item is lost or damaged in the course of the Delivery Services, Mindful Pet Care Pty Ltd asks that you:
(i) contact the Delivery Service Provider directly to request a refund;
(ii) contact us by sending an email to firstname.lastname@example.org outlining
in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the
7. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Mindful Pet Care Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. 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 Mindful Pet Care Pty Ltd or its contributors.
(b) Mindful Pet Care Pty Ltd 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, trade mark, industrial
design, patent, registered design or copyright of Mindful Pet Care Pty Ltd;
(b) the right to use or exploit a business name, trading name, domain name,
trade mark 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 Mindful Pet Care Pty Ltd 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.
(d) The content on the Website is intended for general information purposes only, for specific cases of issues, a separate consultation and services should be sought by the user.
9. General Disclaimer
(a) You acknowledge that Mindful Pet Care Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) Mindful Pet Care Pty Ltd 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) Mindful Pet Care Pty Ltd 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 Mindful Pet Care Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Mindful Pet Care Pty Ltd, 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 Mindful Pet Care Pty Ltdincluding 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 Mindful Pet Care Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result 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 as a result 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) Mindful Pet Care Pty Ltd'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 Mindful Pet Care Pty Ltd is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Mindful Pet Care Pty Ltd, 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) Mindful Pet Care Pty Ltd 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 Mindful Pet Care Pty Ltd, by third parties or by any of the Purchase Services offered by Mindful Pet Care Pty Ltd.
(d) You acknowledge that Mindful Pet Care Pty Ltd does not provide the Delivery Services to you and you agree that Mindful Pet Care Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
(a) You agree to indemnify Mindful Pet Care Pty Ltd, 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
(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. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the ...... or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation: If ...... have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
(a) The Purchase Services offered by Mindful Pet Care Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
14. Governing Law
(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
17. Amendments to the Terms and Conditions
We reserve the right to amend these Terms and Conditions and any time and continued use of this site will be deemed to constitute acceptance of the new Terms and Conditions.
For more information about our Terms and Conditions, if you have any questions, or would like to make a complaint, please email us at email@example.com