Your use of this site and
the information available on this site is subject to the
following Terms and Conditions:
1. Ownership
1.1 This site www.rspcansw.org.au
("Website") is owned and operated by the Royal Society for
the Prevention of Cruelty to Animals ("RSPCA NSW").
2. Terminology
2.1 In these Terms and Conditions, the expressions "we",
"us", and "our" are references to RSPCA NSW.
3. Use of Website from
outside Australia
3.1 The information on this Website ("the Information")
and the Terms and Conditions have been prepared in accordance
with Australian (Commonwealth and New South Wales) law.
If you are residing in or accessing this Website from a
country other than Australia ("the User Country"), the Information
and the Terms and Conditions may not satisfy the laws of
the User Country. Should the Information and the Terms and
Conditions satisfy the laws of the User Country, then you
are entitled to use the Website. In the event that the Information
or the Terms and Conditions do not satisfy the laws of the
User Country, this Website is not intended for your use,
and you are not entitled to rely on the Information. If
you do so, you agree to indemnify us for any loss or damage
which we may incur as a consequence.
3.2 We will not accept
orders for products from people residing in or accessing
this Website from a country other than Australia.
4. Acceptance of Terms
and Conditions
4.1 Your access and use of the Website is conditional upon
your acceptance and compliance with the terms, conditions,
notices and disclaimers contained in this document and elsewhere
on the Website (known collectively as the "Terms and Conditions").
Your use of and/or continued access to the Website constitutes
your agreement to the Terms and Conditions.
4.2 We may amend the Terms
and Conditions at any time by posting the amended Terms
and Conditions on the Website. The amended Terms and Conditions
will be effective immediately and you will be bound by the
amended Terms and Conditions from that time. This agreement
may not be amended otherwise. You should visit this page
periodically to review the Terms and Conditions. If you
violate any Terms and Conditions, your right to use and
access the Website automatically terminates.
5. Restrictions on
Use
5.1 The Website is available only for your personal and
non-profit use. We have the right to change or discontinue
any feature of the Website, including the Material defined
in Clause 6 [Trademarks] below, hours of availability and
equipment required for access. You may make a single hard
copy of the Material. You may not otherwise copy, reproduce,
republish, frame, post, upload, distribute, transmit or
modify in any way all or any part of the material contained
on this Website, unless expressly provided for on the Website
or expressly authorised in writing by RSPCA NSW. You must
not transmit or attempt to transmit any data, code or other
material of any kind to this Website which contains a virus
or other harmful component.
6. Trade marks
6.1 All names, logos and trademarks are either our property
or the property of third parties who have contributed to
the Website. Nothing on the Website should be interpreted
as granting any rights to use or distribute any names, logos
or trademarks, without our express written agreement or
that of the relevant contributor. Nothing displayed on the
Website should be construed as granting any licence or right
to use any name, logo or trademark without our express permission,
or that of the relevant third party contributor.
7. Copyright
7.1 The content of this Website, including all information
such as text, graphics, images and other material ("Material"),
is protected by Australian and international copyright law.
You may download a single copy of the Material and where
necessary for reference purposes, keep a temporary copy
in your computer's cache and make a single hard copy of
the Material. You may make such other use of the Material
as is otherwise expressly authorised on the Website. Unauthorised
use of the Material may violate these copyright laws.
8. No Representations
8.1 We make no representations about the accuracy, reliability,
completeness or timeliness of the Material. The Material
may contain inaccuracies or typographical errors. The use
of the Website and the Material is at your own risk. Changes
are periodically made to the Website and may be made at
any time.
9. No Warranties
9.1 The Website and Material are provided on an "as is"
basis without any warranties of any kind. We disclaim all
warranties to the fullest extent permitted by law.
9.2 The Trade Practices
Act 1974 (Commonwealth) and all corresponding state and
territory legislation implies terms, conditions and warranties
into some contracts for the supply of goods and services
and prohibits the exclusion, restriction and modification
of such terms ("Prescribed Terms"). Except as provided by
the Prescribed Terms, all warranties express or implied
by law in any way relating to access to, or non access to,
the Website or the use of or reliance upon the Website or
the Material are excluded.
9.3 In addition, we do
not warrant that the Website will operate error-free or
that this Website and its servers are free of computer viruses
and other harmful data, code, components or other material.
Nor do we warrant that it will be able to prevent any illegal,
harmful or inappropriate use, modification or alteration
of the Website, or will give notice of such use, modification
or alteration. If your use of the Website or the Material
results in the need for servicing or replacing equipment
or data, we are not responsible for those costs.
10. Limitation of Liability
10.1 Except as provided by the Prescribed Terms, neither
we, our suppliers, or any third parties mentioned on the
Website shall be liable for any loss or damage whatsoever
(including, without limitation, incidental and consequential
damages, lost profits or damages) resulting from the use
or access to or inability to use and access the Website
and the Material.
11. Specific Warnings
11.1 You must ensure that your access to this Website is
not illegal or prohibited by laws which apply to you. You
must take your own precautions to ensure that the process
which you employ for accessing this Website does not expose
you to the risk of viruses, malicious computer code or other
forms of interference, which may damage your own computer
system.
12. Taxes
12.1 Certain taxes and government charges may be payable
in relation to the use of our services. We have no responsibility
for such taxes and other government charges on transactions
on or in anyway connected with the Website. However should
any charge be made by us for the supply of goods or services
on the Website, such charges are inclusive of any goods
and services tax ("GST") imposed under Australian law.
13. Internet Service
Providers
13.1 If you are an internet service and/or access provider,
which supplies the Material to your subscriber, you must
not use the Website in any manner or for any purpose which
is unlawful or in any manner which violates any of our rights
or which is prohibited by the Terms and Conditions.
14. Shopping
14.1 The items advertised on the Petalia Website are not
sold by us. They are sold by Petalia and associated companies.
Please view the Terms of Use, Conditions of Purchase and
Disclaimer on the Petalia Website.
14.2 The Petalia website
is not part of the RSPCA NSW website. The Petalia Website
is owned and managed by Provet IT Pty Ltd (Petalia) and
associated companies.
14.3 Any agreement to
purchase products from the Petalia Website is between you
and Petalia and associated companies from whom you order
the products ("the Vendor").
14.4 We are not a party
to any transaction between you and the Vendor and we exercise
no control over the quality, safety or legality of the products
advertised or sold.
14.5 Any purchases from,
or dealings with, a Vendor are at your own risk. Any purchases
made from a Vendor are subject to the Conditions of Purchase.
15. Hyperlinks
15.1 The Website contains hyperlinks and other pointers
to internet websites operated by third parties ("Linked
Sites"). The Linked Sites are not under our control and
we are not responsible for the content of any Linked Site
or any hyperlink contained in a Linked Site.
15.2 The inclusion of
any link does not imply our endorsement of the Linked Site.
You link to any such Linked Site entirely at your own risk.
We exercise no control over the quality, safety or legality
of the items advertised or sold and statements made through
any Linked Sites.
15.3 The Material on any
Linked Site, including product information and prices, are
the responsibility of the operator of the Linked Site. Any
information contained on a Linked Site is subject to change
without notice by the operator of that website. We are not
liable for the prices or price changes, including where
price changes have not been reflected on the relevant site.
15.4 Any purchases or
dealings you have with a Linked Site are done at your own
risk. We are not a party to any transaction between you
and a Linked Site. Your use of a Linked Site is subject
to the terms and conditions of that site in addition to
the Terms and Conditions of this Website. If there is any
inconsistency, to the extent of the inconsistency, the Terms
and Conditions of this Website prevail.
16. Advertisements
16.1 The Website display of Price Lists is an advertisement
made by the Vendor.
16.2 The Website may contain
embedded hyperlinks or referral buttons to websites operated
by third parties or their licensees or contractors (Advertisers).
Clause 14 also applies to sites operated by Advertisers.
Any claims by Advertisers are not recommendations or endorsements
by us.
17. Disputes with Linked
Sites and Advertisers
17.1 As we do not and cannot be involved in your interaction
with Linked Sites and Advertisers, in the event that you
have a dispute with one or more Linked Sites or Advertisers,
to the extent permitted by law, you agree to release us
(and our agents and employees) from liability for any claims,
demands and damages (actual and consequential) arising out
of or in any way connected with such disputes.
18. Termination
18.1 The Terms and Conditions are effective until terminated
by us. We may terminate this agreement and your access to
the Website at any time without notice. In the event of
termination, you are no longer authorised to access the
Website. All restrictions imposed on you, disclaimers and
limitations of liability set out in the Terms and Conditions
will survive termination.
19. Privacy
See Privacy
(linked web page).
20. Governing Law
19.1 The Terms and Conditions are governed by and construed
in accordance with the laws of New South Wales, Australia.
You irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of New South Wales, Australia.
21. Miscellaneous
If any provision of the Terms and Conditions is found to
be invalid or unenforceable by a court of law, such invalidity
or unenforceability will not affect the remainder of the
Terms and Conditions, which will continue in full force
and effect. All rights not expressly granted are reserved.
This agreement sets out the entire understanding and agreement
between RSPCA NSW and you with respect to the subject matter.
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