Website Terms of Use – Service and Therapy Animals Australia Limited

The terms and conditions:

1. Definitions

In these Terms:

“Content”
means the textual, visual or aural content that is encountered as part of your experience on Our Website, including without limitation content contained on Our Website and content made available to subscribers through our Website.  It may include text, images, sounds, videos and animations.

“Content of Our Website”
includes content made available to subscribers through our Website.

“Intellectual Property”
means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

“Our Website”
means any website of ours, and includes all web pages controlled by us, and any textual, visual or aural content made available to subscribers through any website of ours and/or web pages controlled by us.

“Products”
means the products (if any) we offer for sale and/or sell to you.

“Services”
means the services we offer for sale and/or sell to you.

“Terms”
means the agreement set out in this document and includes all terms and conditions contained herein.

2. Interpretation

In these Terms unless the context otherwise requires:

2.1

a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;

2.2

any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.3

except where stated otherwise, any obligation of any person arising from these Terms may be performed by any other person;

2.4

in these Terms references to a party include references to a person to whom relevant rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;

2.5

the headings to the clauses and schedules (if any) to these Terms do not affect the interpretation of these Terms;

2.6

a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;

2.7

these terms and conditions apply in any event to you as a buyer or prospective buyer of our Services and/or Products and so far as the context allows, to you as a visitor to Our Website; and

2.8

these Terms are made only in the English language.  If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.

 

3. Our contract with you

3.1

These Terms contain the entire agreement between the parties regarding the use of Our Website and supersede all previous agreements and understandings between the parties regarding the use of Our Website.

3.2

You acknowledge that, in entering into these Terms, you do not rely on any representation, warranty, information or document or other term not forming part of these Terms.

3.3

We may at any time, in our sole discretion, change these terms from time to time.  The terms that apply to you are those posted here on the day you visit Our Website.   Modifications to these Terms will be effective immediately and any subsequent use by you of Our Website will constitute your acceptance of the modifications and the then-current terms and conditions of use of Our Website.

3.4

We may, without notice, terminate or suspend Our Website or any part of Our Website at any time.

 

4. Terms and Conditions of Sale

If you purchase Services and/or Products from us, the relevant Terms and Conditions of Sale apply in addition to these Terms.

 

5. Security of Our Website

5.1

If you violate Our Website we shall take legal action against you.  You now agree that you will not, and will not allow any other person to:

5.1.1

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;

5.1.2

link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

5.1.3

download, copy or record any part of Our Website, without our express written consent;

5.1.4

collect or use any service or product listings, descriptions, or prices;

5.1.5

collect or use any information obtained from or about Our Website or the Content of Our Website except as intended by these Terms;

5.1.6

aggregate, copy, record or duplicate in any manner any of the Content of Our Website or information available from Our Website;

 

6. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

6.1

your failure to comply with the law of any country;

6.2

your breach of these Terms;

6.3

any act, neglect or default by any agent, employee, licensee or customer of yours; and

6.4

a breach of the intellectual property rights of any person.

 

7. Disclaimer and Liability

7.1

The information on Our Website is not comprehensive and is intended to provide a summary of the subject matter covered.

7.2

While we use all reasonable attempts to ensure the accuracy of the information on Our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding any Content of Our Website, and we do not accept liability or responsibility for any Content of Our Website, including without limitation for the accuracy, completeness, authenticity, reliability or timeliness of the Content.  You agree to monitor any changes to the information contained on Our Website.  However, we make no warranty that the information contained on Our Website is up to date.

7.3

We do not represent or warrant that Our Website, or any files obtained from or through Our Website, are free from harmful code, computer viruses or other defects.  We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of Our Website or a linked website.  You must take your own precautions to ensure that whatever you select for your use from Our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

7.4

To the extent permitted by law, we expressly exclude all conditions and warranties (including warranties as to merchantability, non-infringement of intellectual property or any other rights or fitness for a particular purpose), guarantees, rights and remedies, liabilities and other terms that may be implied by custom, statute or common law in relation to any information or materials on Our Website or any websites linked to Our Website.

7.5

To the maximum extent permitted by law, including the Australian Consumer Law, we are not liable for:

7.5.1

any consequential losses (including any loss of revenue or profits, loss of anticipated savings, loss of data, loss of value of equipment, any penalties or fines imposed by a regulator and any loss that is indirect loss) that you suffer; or

7.5.2

for any direct or indirect damages, expenses, costs, loss or charges that you incur,
as a result of or in connection with your use of any information or materials on Our Website or any websites linked to Our Website, or the inaccessibility of Our Website.

 

8. Intellectual Property

8.1

Intellectual property rights (including without limitation any copyright and trademark rights) in the Content of Our Website, vests in us, subject to any third party rights.

8.2

Nothing contained on Our Website, or made available to subscribers through our Website, is to be construed as granting a licence to use any Content of Our Website.  You may not use, reproduce or modify any Content of Our Website (including without limitation our logo or trademark/s),  without our written consent.

8.3

You may not pass off Content of Our Website as your own.  This includes the practice of ‘Framing’ Our Website within another website as well as copying and re-using parts of Our Website.

8.4

The Content of Our Website and materials published on Our Website are subject to copyright and all rights are reserved.  Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, store, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part in any form, or by any means, including photocopying, scanning, or other mechanical or electronic methods without our prior written permission.

8.5

We will have the right to defend the Intellectual Property rights in connection with Our Website, including copyright in the Content of Our Website whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

8.6

You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

 

9. No Commercial Use

Our Website is for your personal, non-commercial use only.

9.2

You may not use Our Website, or any of the Content of Our Website, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

9.3

Without limiting the foregoing, you may not copy, modify, publish, transmit, transfer, sell, reproduce, distribute, perform, display, reproduce, license, create derivative works from any way commercially exploit, any Content of Our Website, software, products or services contained within our Website.

 

10. Linking to other websites

Our Website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We do not warrant, approve of, endorse or accept any liability or responsibility for any such websites. Access to these websites is at your own risk.

 

11. Cookies and other features of our website

11.1

Our Website uses cookies to identify visitors to this site, gather statistical information, store user preferences, activity, and session information. We use cookies to improve security, enhance website functionality and improve our services. By using Our Website, you are consenting to our use of cookies on your device.

11.2

You can disable cookies in your browser settings. However, adjusting these settings may affect the functionality of Our Website.

11.3

Information stored in cookies can include:

11.3.1

the identity of the page or services you are requesting;

11.3.2

the type of browser or operating system in use;

11.3.3

time and date of access; and

11.3.4

the internet address of Our Website from which you navigated from to reach our website.

11.4

We use web analytics and session recording technology provided by third party service providers such as Google Analytics. These services use cookies to assist us to understand how visitors access and utilise our site.

11.5

We also use JavaScript, which is a programming language that helps our website work. In order to use our website, we recommend that you have JavaScript enabled in your browser settings. To enable JavaScript in your browser, follow the instructions for your browser version.

 

12. Privacy

Any personal information received by us will be collected and disclosed in accordance with our Privacy Policy (as updated from time to time and available at www. serviceanimals.org.au/privacy-policy).

13. Miscellaneous matters

When we communicate with you we may do so by email or by text message. You agree that email communications are as contractually binding as properly signed and dated paper sent by post.

13.2

If any term or provision of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

13.3

The rights and obligations of the parties set out in these Terms shall pass to any permitted successor in title.

13.4

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

13.5

Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail. It shall be deemed to have been delivered:

13.5.1

if delivered by hand: on the day of delivery;

13.5.2

if sent by post to the correct address: within 5 days of posting;

13.5.3

if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender; and

13.5.4

if sent by text message to your last known mobile telephone number: within 24 hours of sending the text message to you.

13.6

In the event of a dispute between the parties to these Terms, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

13.7

So far as the law permits, and unless otherwise stated, these Terms does not give any right to any third party.

13.8

The validity, construction and performance of these Terms shall be governed by the laws of the State of Victoria in Australia and you agree that any dispute arising from it shall be litigated only in that State. You and we irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.