Terms and conditions

By accessing, using or browsing on this website, or by continuing to do so, you expressly accept and agree to be bound by these Terms. In accepting these Terms, you agree that these Terms and our Privacy Policy will apply whenever you access or use this website.

Petbay Pty Ltd ACN 648 650 613 (“we”, “us” or “our”) may amend these Terms from time to time. Your use of our website after we make amendments to these Terms will oblige you to comply with these Terms as amended. If any of these terms are considered to be unenforceable, you agree that the remainder of these Terms remain in full force and effect.

1. Intellectual property

1.1 All intellectual property in this website, including copyright, any trademarks and any other intellectual property rights in or associated with this website is owned, licensed to us, or we otherwise have permission to use that intellectual property.

1.2 You must not do or allow any third party to do anything which may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of the website.

2. Privacy

We will collect, hold and use your personal information in accordance with our Privacy Policy available on this website. Our Privacy Policy sets out:

2.1 the purposes for which your personal information is collected;

2.2 the third parties to which we disclose your personal information;

2.3 how you may seek access or correction of your personal information;

2.4 whether your personal information is likely to be disclosed to overseas entities and in which countries; and

2.5 how you can complain about a breach of our obligations in respect of your personal information and how such a complaint will be dealt with.

3. Security

3.1 We take all reasonable steps to ensure the security of our systems and website. Any information which we hold for you is stored on secure servers. In addition, our employees and the contractors who provide services relating to our information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on our behalf.

3.2 Our website may contain links to other websites. We are not responsible for the privacy practices or the content of websites outside of our domain. We accept no responsibility for and you release us from any liability that may arise from your use of a third-party website or any third-party link located on our website.

3.3 We exercise all due care to ensure that your information is secure on our system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers. You release us from any liability that may arise if any other persons obtain the information you submit to the website, subject to any negligence or breach of law on our behalf.

4. No representations and warranties

4.1 To the maximum extent permitted by law, we do not provide any representations or warranties relating to this website, its content or its availability.

4.2 We will not be responsible in any way for the availability of the website subject to any negligence, breach of law or circumstances within our reasonable control. We will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise) to maintain the performance of this website where this is within our direct control.

4.3 We do not warrant that the website will operate error-free or that the website and its server are free from computer viruses or other harmful mechanisms.

5. Risks and release from liability

To the maximum extent permitted by law and subject to any negligence or breach of law on our behalf:

5.1 we accept no liability for any loss or damage howsoever arising (including any indirect or consequential loss) to any person or corporation who may rely on the information contained on this website for any purpose or as a result of the use of or access to this website or in connection with the use of this website; and

5.2 you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against us in respect of, arising out of or resulting from access, attempted access or use of the website.

6. Third party data

We are not responsible for the content of any data on or accessed through the website that is not originated by us. We exercise no direct supervision or control over the content of such data. We do not assume any responsibility for data not actually provided or expressly authorised by us. The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data.

7. Acceptable use

You must use the website responsibly and within the law. It is your responsibility to:

7.1 use the website in a manner which does not violate any applicable laws or regulations;

7.2 respect the legal protection afforded by copyright, trademark, license rights and other laws to data accessible via the website;

7.3 respect the privacy of others;

7.4 use the website in a manner which does not interfere with or disrupt other users of the website, services or equipment;

7.5 refrain from acts that waste resources or prevent other users from receiving the full benefit of the website; and

7.6 use the website lawfully, ethically and in accordance with accepted community standards.

8. Unacceptable uses

8.1 You must not use the website in any way which breaches local, state, federal or international laws or regulations. Without limiting that, you must not:

8.1.1 violate copyright, trademark or other intellectual property rights;

8.1.2 illegally store, use or distribute software owned by or licensed to us;

8.1.3 transmit threatening, obscene or offensive materials;

8.1.4 discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

8.1.5 misrepresent or defame others;

8.1.6 commit fraud;

8.1.7 damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources;

8.1.8 make an unauthorised transmission of confidential information or data protected by trade secrets;

8.1.9 engage in misleading or deceptive on-line practices;

8.1.10 conduct any business or activity or solicit the performance of any activity that is unlawful;

8.1.11 impersonate any person, or misrepresent your identity or affiliation with any person; or

8.1.12 attempt to do any of these things.

8.2 You must not use the website to interfere with or disrupt the website or other users, services or equipment. In particular, for example, you must not:

8.2.1 distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;

8.2.2 send unsolicited commercial messages;

8.2.3 initiate or spread computer worms, viruses or other types of malicious programs;

8.2.4 make transmissions of any type or quantity which adversely affect the operation of the website or jeopardises the use of the website, or its performance for other users of the website; or

8.2.5 harass or impersonate us, the website or other users of the website;

8.2.6 engage in conduct which causes a threatened or actual nuisance to other users of the website; or

8.2.7 violate or attempt to violate the security of the website.

9. Our rights

9.1 You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that we suffer or incur as a result of any breach of these Terms by you.

9.2 Without limiting any of our other rights, if you breach any term of these Terms, we will have the right to:

9.2.1 confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the website;

9.2.2 require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;

9.2.3 suspend or terminate your access to the website; and

9.2.4 take any other action against you.

9.3 These Terms are governed by and are to be interpreted pursuant to South Australian law and users of the website submit to the exclusive jurisdiction of South Australian courts in respect of any disputes under or related to these Terms or a user’s access to or use of the website.

10. What we may do to ensure that these Terms are being followed

10.1 We may (but are not obliged to) monitor your use of the website to determine whether these Terms are being followed. If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.

10.2 If we become concerned that your use of the website may break the law or that you have not complied with these Terms, we will generally attempt to contact you before taking action (if possible).

10.3 If we believe that your use of the website may break the law or that you have not complied with these Terms we may:

10.3.1 notify you by email (if possible);

10.3.2 suspend or terminate your access to the website without notice; and/or

10.3.3 notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

11. Limitations

11.1 Whilst we will make all commercially reasonable efforts to post a prior warning on the website, we may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website, provided that we will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.

11.2 Without notice to you, we may remove, amend or alter any material or data in the website upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.

Purchase terms

1. Payment Terms

1.1. You must pay for any products at the time you place an order for the products on this website. After you place an order, you will receive an email confirmation from us.

1.2. Prices are in Australian dollars unless otherwise indicated.

1.3. Risk in the product passes to you upon delivery to your nominated delivery address, and title passes upon payment in full for the products.

1.4. Unless otherwise stated, products prices do not include delivery fees. Delivery fees will be set out on our website before you submit any order. Delivery terms including delivery areas, costs and estimated delivery times are set out in our Delivery and Returns policy [linked here], The Delivery and Returns Policy is expressly incorporated into these Terms. For the avoidance of doubt, orders will not be processed for delivery to an address in a suburb not in our delivery area.

1.5. All online transactions performed on this website are facilitated by third party payment platforms. If you choose to pay via credit or debit card, you represent that there are sufficient funds available to cover the cost of your order.

1.6. By purchasing products on this website, you agree to the terms and conditions of your selected payment provider (i.e. Visa, MasterCard, American Express, PayPal). For more information on their terms and conditions, please visit their websites.
https://www.visa.com.au/
https://www.mastercard.com.au/en-au.html
https://www.americanexpress.com/en-au/
https://www.paypal.com/au

2. Order Details

2.1. You place an order with us when you click the ‘Buy Now’ button on the checkout page on our website.

2.2. We reserve the right to accept or cancel an order for any reason including the unavailability of the product or an error in the description of the product on our website.

2.3. Orders are deemed to be received by us at the time of successful transmission of the order, after which time, you are unable to cancel your order.

2.4. For the avoidance of doubt, we only accept orders from Australia.

3. Cancellation of Orders

3.1. We may, at any time, cancel your order if for any reason we are unable to provide you with the products that you have ordered.

3.2. We will not be liable for any loss arising from your order being unavailable.

3.3. We will use our best endeavours to ensure that products are available or notify you that they are unavailable prior to completing your order.

3.4. If the product you have ordered is unavailable, we will refund all amounts that you paid in respect of such products.

3.5. We reserve the right to limit the sale of products to reasonable or normal household quantities.

4. Return Policy

4.1. We offer refunds for unopened goods, returned to us within 30 days of purchase. For more information please see our Return Policy.

4.2. You are also entitled to a repair, replacement, or refund from us if your purchase fails to meet one of the consumer guarantees under the Australian Consumer Law (ACL).

4.3. This includes where the product:

4.3.1. Is faulty or of unacceptable quality.

4.3.2. Does not match the description or sample.

4.3.3. Is unfit for the intended purpose.

4.3.4. Is not delivered in a reasonable time frame.

4.4. You must be able to demonstrate proof of purchase to exercise your rights under the ACL.

4.5. This policy does not affect any rights you may have at law.

4.6. Our Return Policy is expressly incorporated into these Terms. Please refer to this policy to determine your entitlement to a return and the process that must be followed by you.

5. Registered Users

5.1. Certain sections of this website are only available to customers who have registered with us.

5.2. By registering with us, you consent to the collection and use of your information in accordance with the Privacy Policy which can be found at https://www.petbayaus.com.au/pages/privacy-policy.

5.3. By registering with us, you also consent to receive communications from us. You may opt-out of electronic communications at any time by contacting us or changing your communications settings in your account.

5.4. We retain the right to accept or refuse registration at our discretion.