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Pets Unleashed Website Terms & Conditions of Use

The www.petsunleashed.com.au website is owned and operated by Pets Unleashed.

Your use of, and/or access to, the website or your purchase of products from this website constitutes your agreement to these Terms & Conditions of Use.  If you do not agree to these Terms & Conditions of Use, then please do not use the website. Please also review our Privacy Policy and our Shipping & Returns information.  

1.  Governing Law

Pets Unleashed controls and operates this website from within Australia.  Our Terms of Use are governed by and construed in accordance with the laws of the Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.  If you choose to access this site from another location, you are responsible for compliance with the laws of your jurisdiction.  All local taxes, customs duties and other government fees and charges imposed on any products you purchase or on your purchase are your responsibility.

2.  Revisions to the Terms of Use

Pets Unleashed may revise or amend these Terms of Use at any time at our discretion by posting revised terms.  Any revisions will be effective immediately.  You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect.  By continuing to use this site after any revision becomes effective, you agree to be bound by these Terms of Use as so revised.  You should visit this page from time to time to determine the current Terms of Use by which you are bound.

3.  Permitted Use

All material contained on this website is the property of Pets Unleashed and is protected by Australian and international copyright laws.

Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, images, and navigational and other software (collectively referred to as Content) are owned or controlled, and are reserved by Pets Unleashed. 

You are not authorised, without the prior written permission of Pets Unleashed and each other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change or create a derivative work from that content.

The website design, text and graphics comprised in the Website and the selection and layout of the Website are licensed by Pets Unleashed and are protected by copyright.  The website does not grant you a licence nor acts as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner.

Please note that the permission granted to use this site terminates automatically if you breach any of these Terms of Use.

4.  Personal, Non-Commercial Use

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:

(a) placing an order with Pets Unleashed; or
(b) using this site as a shopping resource, provided that you do not modify the site and that Pets Unleashed retain all copyright and other proprietary notices contained in the Contents
(c) you must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.

5.  Our Use of Your Feedback

You grant Pets Unleashed an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Pets Unleashed from the time you authorise it to be sent.  You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

6.  Your Obligations

You must use the website in a responsible manner. You must not upload, post, transmit or otherwise make available through the site any material which:

(a) violates or infringes the rights of others (including their privacy and intellectual property rights);
(b) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(c) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
(d) restricts or inhibits any other user from using or enjoying the site;
(e) affects the functionality of operation of the site or its server or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
(f) breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Pets Unleashed to take remedial action under any applicable industry code.

7.  Advertising, Content & Third Party Products 

This website contains products offered for sale or advertised. Much of the information provided for a product is information from third party suppliers or product manufacturers.
While Pets Unleashed has made every effort to ensure the information contained in the website concerning the products supplied by third parties, Pets Unleashed does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free.  It is your responsibility to research individual product requirements prior to placing an order. 
While all reasonable care has been taken in researching the products offered through this website, Pets Unleashed disclaim liability to all persons in relation to any action(s) taken to purchase products from the site.

8.  Indemnity

By entering the website, you agree to indemnify Pets Unleashed from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

9. Prices and Products are Subject to Change

Price savings and product availability may vary between Pets Unleashed retail store and on the website due to their different customer offers. All prices are inclusive of GST. Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. The prices advertised on this site are for Internet orders only. Where permitted in all states (excluding SA), we reserve the right to limit sales. We are not responsible for typographical or photographic errors on this site, including any such errors in relation to prices.

10.   Cancellation of Orders without Notice

Pets Unleashed reserves the right to refuse or cancel any orders, whether or not the order has been confirmed and payment made. If the payment has being made for the purchase and the order is cancelled, Pets Unleashed will notify you immediately and refund the amount paid for. Pets Unleashed will inform you as soon as possible of any cancellation of orders.

11. Out Of Stock Items

Whilst we make every endeavour to carry ample stock of all items at all times, it is sometimes impossible to predict demand which can at times lead to items being out of stock for a short period of time. Most items are usually on order from the distributor and stocks are generally replenished within a week or so.  Orders are filled on a "first come, first served" basis.  You will be contacted by Pets Unleashed if there are likely delays to your order due to an item being out of stock.

At times an item may be showing as 'In Stock' on our website when we have sold out in-store.  We make every effort to ensure the stock levels on our site are accurate but at times this discrepancy will be unavoidable.

12.  No Reliance on Information

The information contained in the website is presented for the purpose of educating consumers and all information is for information purposes only. The information should not be considered complete, nor should it be relied on to make a particular animal health decision. The information should not be used in place of a visit, call, consultation or the advice of your Veterinarian or other qualified professional.

13. Payments

Pets Unleashed accepts payment via the following means:

(a) credit card (Mastercard, Visa, or American Express)
(b) bank cheque
(c) personal cheque
(d) Australia Post money order
(e) PayPal

Payments via credit card are processed in real-time.  For all other payment methods, goods will not be shipped until payment has cleared and our bank account has been credited with the payment amount.

For cheques and money orders, please make these out to "Pets Unleashed" and forward to the following address:

Pets Unleashed
Att: Online Orders
630 Wynnum Rd
MORNINGSIDE, QLD, 4170

If payment is declined for whatever reason, a Pets Unleashed representative will attempt to contact you either via email or, if a contact number is provided, directly by phone to make alternative arrangements. If, within 7 days of attempting to receive payment, the transaction is still declined, Pets Unleashed reserves the right to cancel the transaction. If a cheque bounces, Pets Unleashed reserves the right to charge you with a $40 non-refundable fee.

14. Shipping Charges & Delivery

Please see our Shipping & Returns policy

15. Returns & Cancellations

Please see our Shipping & Returns policy

16. Newsletter Subscriptions

When placing an order using the website you will be providing your email address for inclusion in the Pets Unleashed email newsletter mailing list, irrespective of whether the order is processed or not.  You do not have to place an order to subscribe and may elect to complete the newsletter sign-up form via the right hand column.

You may unsubscribe to either newsletter at any time by selecting the unsubscribe link at the base of every newsletter.

17. Disclaimer of Liability

To the extent permitted by law, Pets Unleashed will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:

(a) The use, copying, or display of the contents of this site
(b) Goods or services supplied by Pets Unleashed under these Terms & Conditions
(c) A failure or omission on the part of Pets Unleashed to comply with its obligations under these Terms & Conditions.

18. Disclaimer of Warranty

Pets Unleashed is providing this site and its contents on an 'as is' basis and use of this site is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site. Pets Unleashed make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Pets Unleashed expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

19. Limitation of Liability

Any liability of Pets Unleashed in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Pets Unleashed be limited to:

(a) in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
(b) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

20. Rights We Cannot Exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Trade Practices Act.

21. Miscellaneous

Pets Unleashed relies upon your continued observance of the Terms & Conditions of use. In the event that Pets Unleashed suffers loss or damage or incurs any costs associated with any breach of the Terms & Conditions or any associated legal obligation, you agree to indemnify Pets Unleashed for those losses, damages and costs.

22. Termination

Your ability to purchase goods from this site may be terminated by Pets Unleashed at any time without notice. All restrictions, licences granted by you and limitations of Pets Unleashed liability will survive termination.

23. Questions

If you have any questions on the Terms & Conditions or any other policy of this website, please Contact Us.