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Terms of Use

Terms of Use

Website Terms of Use 

Thank you for visiting our website (Website). This Website is operated by Pet Culture Group Pty Limited ACN 644 613 098 (PetCulture). 

By accessing and/or using this Website and related services (including without limitation, placing orders of Goods through the Website, subscribing to our Membership Programs or purchasing our Insurance Products, you agree to these Terms of Use, which include our Privacy Policy (Terms).

You should review our Privacy Policy and these Terms carefully and immediately cease using our Website if you do not agree to these Terms. You agree to comply with all rules, laws and regulations relating to your use of the Website.

In these Terms, 'us', 'we' and 'our' means PetCulture and all of our related bodies corporate.

Definitions

In these Terms, the words below have the following meanings:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.

Goods has the meaning given to it under Part A - Online purchases - terms and conditions.

Insurance Products means any insurance products that can be purchased on or through our Website at PetCulture Insurance.

Membership Rewards Program means a subscription based rewards program offered by PetCulture to customers that sign up as members, the details of which can be found on our Website at Memberships & Rewards.

Products means Goods, Insurance Products, and Membership Rewards Programs.

Website means the PetCulture website accessible at www.petculture.com.au or any other website through which Products are made available from time to time. 

Creating an account with us

    1. You may create an account with us (your Account) by subscribing to one of our Membership Rewards Programs. To obtain an Account, you must enter information and follow the steps at the "Sign-up' link on the Website, including confirming that you have read and agreed to the terms and conditions of the Membership Rewards Program that you wish to subscribe for. 
    2. By requesting an Account, you warrant to us that you are a natural person who is over the age of 18 years or who has parental or guardian approval to use the Website.
    3. You may not have more than one active Account, and your account is non-transferable. You may update, edit or terminate your Account at any time through the Website. You may not have more than two Accounts per delivery address.
    4. You acknowledge that we may provide access to your Account to any person using your any PIN, password or other secure access measure we issue to you (Access Tool).  You must therefore do everything necessary to protect these from disclosure to any other person.
    5. Any action or request made by any user of your Account or Access Tool (Instruction) will be deemed to have been made by you and the Instruction will be carried out without further enquiry.  You will be responsible for all Instructions and any consequential transactions (including without limitation, the purchase of Products) using your Account or Access Tool whether authorised by you or not.  We will not be liable for acting on an Instruction. You agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Access Tool or Account through the Website.
    6. You: 
      1. must notify us immediately if you are or become aware that there is or has been an unauthorised use of your Account or Access Tool, or any other security breach relating to your Account
      2. must promptly advise us of any changes to your information provided to us as part of the customer registration process;
      3. are responsible and liable for any person that uses your Account or Access Tool to order Products through the Website;
      4. should check the labels on all Goods before consumption or use.
    7. If you choose to use a workplace email address for your Account or to access the Website, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
    8. You warrant that:
      1. all information and data provided by you to us through the Website (including as part of the setting up an Account) or otherwise is true, accurate, complete and up to date; and
      2. you have and will comply with all relevant laws relating to your use of the Website and related services.

Our Membership Rewards Programs

    1. We encourage you to subscribe to one of our Membership Rewards Programs. The details of, and terms and conditions applying to, each Membership Rewards Program are set out on our Website at Memberships and Rewards.
    2. In the event of any inconsistency between the terms and conditions of a Membership Rewards Program that you have subscribed for and these Terms, [the terms and conditions of the relevant Membership Rewards Program will prevail].

Insurance Products

Pet Insurance

Terms, conditions, waiting periods, limits and exclusions apply. Petinsurance.com.au is general insurance issued by the insurer The Hollard Insurance Company Pty Ltd (ABN 78 090 584 473; AFSL 241436) (Hollard); is promoted and distributed by Pet Insurance Pty Ltd (ABN 38 607 160 930; AR 1234944) (PIPL) and PIPL’s authorised distribution partners (including PetCulture Pty Ltd ABN 69 644 613 098; AR 001284860) (PetCulture); and administered by PetSure (Australia) Pty Ltd (ABN 95 075 949 923; AFSL 420183) (PetSure). PIPL and Pet Culture are authorised representatives of PetSure. Any advice provided is general only, has been prepared without taking into account your objectives, financial situation or needs and may not be right for you. Consequently, before acting on this information, you should consider the appropriateness of this information having regard to your objectives, financial situation and needs. You should obtain and consider the product disclosure statement (PDS) in deciding whether to acquire or continue to hold, Petinsurance.com.au Pet Insurance.

Collection Notice 

    1. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at customercare@petcutulture.com.au 
    2. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.  We use Cookies from time to time to help with website functionality, including making a record of your visits and track usage patterns.  Please read our Privacy Policy which provides information on and terms about Cookies.
  1. Accuracy, completeness and timeliness of information
    1. The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this website.
    2. 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 this 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.
    3. We retain complete discretion regarding the type of information or content which will be made available through the Website.  We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date

Compliance with directions

You agree to comply with all directions or instructions we notify you of from time to time regarding your access to and use of the Website and any information or content (including any notice provided via the Website).

  1. Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. 

  1. Intellectual property rights
    1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content). 
    2. Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
    3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 
    4. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you may store on your computer or print copies of material from this Website for the purpose of viewing the Content for your own personal use.
  2. Unacceptable activity
    1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
      1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
      2. using this website to defame or libel us, our employees or other individuals; 
      3. modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any Content obtained or derived from or through this website;
      4. access, monitor or copy any information or Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;  
      5. uploading files that contain viruses, malicious code or other conditions that may cause damage to our property or the property of other individuals;
      6. posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. 
    2. If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.
  3. Warranties and disclaimers
    1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
    2. We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. 
  4. Variation
    We may, at our sole discretion, vary or modify these Terms by posting the updated Terms on this Website.  Any subsequent access to, or use of, this Website by you will constitute an acceptance of those varied Terms.  You acknowledge and agree that we may, in our sole discretion, vary or modify the features or functionality of this Website or modify any Content from time to time without any requirement to provide prior notice of the variation or modification to you.  It is your responsibility to regularly check these Terms for any amendments. 
  5. Search capability

You acknowledge and agree that:

  1. we retain complete discretion regarding if a search function will be made available through the Website; 
  2. we retain complete discretion regarding the form in which such a search function will be made available through the Website; 
  3. where a search function is enabled on the Website, we cannot guarantee that the results provided by that search function are up to date, complete or accurate and we are not responsible for the results provided by the search function; and
  4. all access and use of a search function when enabled on the Website is solely at your own risk.
  5. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event will we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

6. Force Majeure

We will not be liable for a failure in the performance of obligations under these Terms by reason of an event that is beyond our reasonable control and which prevents us from fulfilling any of our obligations under these Terms, including Australia-wide or global pandemic (or related government regulation or action), strike, lockout, fire, flood, inability to source materials, parts or labour.

7. Overseas access

The Website may be accessed throughout Australia and overseas.  We make no representations that the Content or the Website complies with the laws of any country outside Australia.  If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

  1. General
    1. You may not assign your rights or obligations under these Terms. 
    2. If any provision of these Terms is void, invalid or not enforceable in accordance with its terms, it is:
  2. to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction; or
  3. if unable to be read down, then to be severed to the minimum extent required and will not affect the validity or enforceability of the remaining provisions.
    1. All terms implied by law, except those that cannot be lawfully excluded, are excluded. 
    2. No provision of these Terms will be construed to the disadvantage of us merely because we were responsible for the preparation of the Terms or the inclusion of the provision in the Terms.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.