Website Terms and Conditions
1. This agreement
To make these terms and conditions easier to read, Kuwakeep Veterinary Services Pty Ltd trading as Nepean Mobile Vet (ABN 86 605 081 481) (NMV), the owner of this Site, has used terms that have specific definitions. Those terms appear in these terms and conditions with a capital letter as their first letter and when they are used they have the meaning set out at the end of these terms and conditions.
1.2 Establishment of agreement
(1) Thank you for visiting the Site and, if applicable, choosing to use the Site to purchase the goods supplied by NMV from time to time on the Site (Products).(2) Please read these terms and conditions carefully, because by using the Site:
(a) you are confirming that you have not only read these terms and conditions but that you agree to be bound by them; and
(b) you agree that a legally binding agreement is formed between you and NMV.
(3) In the event that you do not agree to these terms and conditions or anything contained within them, you will not be authorised to use the Site.
(1) In order to purchase the Products, you will be required to provide NMV with your personal details.
2. Price and payment
(1) Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST (Price).
(2) Shipping and delivery fees (Shipping) will be charged at checkout in addition to the Price.
(3) The Price of the Products is as stipulated at all times on the Site, except in the case of error.
(4) If you have ordered the Products and the Price (or any other relevant details) of the Products, or the amount of the Shipping, is subject to an error, NMV will:
(a) notify you and allow you to confirm your order of the Products at the revised Price; or
(b) if NMV cannot contact you within a reasonable period of time or you do not confirm your order of the Products at the correct Price, NMV may cancel your order and refund the Price through the original method of payment.
(5) Price and Shipping on the Site are subject to change effective immediately upon NMV posting the Price and Shipping on the Site.
2.2 Payment and completion of order
(1) You may pay for the Products by way of Paypal or any other payment method utilised or allowed by NMV from time to time.
(2) NMV reserves the right to not accept an order or part of an order for the Products:
(a) if authorisation is not obtained for your preferred method of payment;
(b) the Products you ordered are out of stock; or
(c) for any other reason at its sole discretion.
(3) NMV will be in no way liable to you for not accepting, or cancelling, a request for order of Products that you make.
(4) You agree to provide NMV with any information and to undertake any necessary action that is reasonably necessary to authorise NMV or a third party payment provider to process payment for Products purchased.
3. Returns, exchanges and refunds
3.1 Australian Consumer Law
The Products come with guarantees and rights that cannot be excluded under the Australian Consumer Law. These include, but are not limited to, the following:
(1) Entitlement to a replacement or refund for a major failure or any other reasonably foreseeable loss or damage.
(2) Entitlement to have the Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
3.2 Returns if you have changed your mind
(1) To return Products that you have purchased if you have changed your mind, please contact NMV for further direction.
(2) To be eligible for return, Products must be:
(a) returned within seven (7) days of receiving the Products;
(b) unused and in original, unopened, undamaged and resalable condition;
(c) accompanied by original proof of purchase; and
(d) shipped or otherwise returned back to NMV at your own cost.
(3) Upon receipt of the returned Products, NMV will inspect the Products and, if satisfied with the condition of the Products, NMV will issue you with a credit in the amount of the Price of the Products to use on the Site or alternatively a refund.
3.3 Refunds and exchanges
(1) You are entitled to refunds and exchanges in accordance with your consumer guarantees and rights under the Australian Consumer Law and any other applicable legislation.(2) Without limiting your statutory guarantees and rights, if Products are defective or incorrect, NMV will, at NMV’s discretion, provide you with a refund or replacement of the Products, provided that you:
(a) contact NMV within thirty (30) days of receiving the Products; and
(b) return the Products, at NMV’s cost, within fourteen (14) days of contacting NMV.
(3) Any refunds will be made in accordance with your original payment method.
(4) Please note that NMV will not under any circumstances issue any full or partial refund for Products which have been damaged or lost in transit.
(1) The Products can be delivered within Australia only.
(2) NMV will, either itself or through its nominated carriers and couriers, endeavour to deliver your Products by any estimated dates and timeframes that are notified (if any). However, NMV does not guarantee the delivery of Products by any estimated dates and timeframes.
(3) Please note that NMV does not accept any responsibility for any damage caused to the Products during freight transit nor any items being lost during the transit process or if the Products are stolen after it is delivered to your nominated delivery address.
(4) You should ensure that someone is at your nominated address when the Products are delivered so that you can physically check the Products and take steps to ensure that they do not get stolen.
(5) Delivery of the Products will be deemed to be completed upon the occurrence of any of the following:
(a) signed receipt by you or a third party acquiring physical possession of the Products at your specified delivery address;
(b) delivery to an Australian post office or other notified collection point; or
(c) the Products being left at your nominated delivery address.
5. Title and risk
(1) In the event that you owe payment to NMV for the Products, title in the Products will not pass to you until NMV has received payment in full for the Products.(2) Until such time as payment is received in full for the Products, NMV reserves the right to request that you return the Products to NMV and, if not complied with, NMV reserves its right to take legal action against you to recover the Products as well as to recover damages, loss or costs that NMV suffers.
Risk of damage to or loss of the Products passes to you immediately upon the Products:
(1) being delivered to your nominated address by NMV personally; or
(2) collected by the nominated courier or carrier of NMV from the premises of NMV
(1) It is your responsibility to enter all of your information correctly when using the Site and ordering the Products.
(2) You warrant that:
(a) The information you enter into the Site reflects your true identity and is not in any way false, misleading or deceptive; and
(b) the information is true, accurate and up-to-date to the best of your knowledge.
7. Site Content
(1) The Site and its contents, including without limitation its text, images, photographs, graphics, trademarks, software, audio and video clips and other materials (Site Content) are owned by or licensed to NMV and are protected by Australian copyright laws and other intellectual property laws.
(2) NMV grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site Content and to download or print the Site Content for personal, non-advertising purposes.
(3) NMV reserves the right to remove or vary any Site Content in its absolute discretion at any time.
8. Information provided
(1) Every effort has been made to make the Site as accurate as possible.
(2) You acknowledge that any reliance upon any advice, opinion, statement, advertisement, or other information displayed or distributed through the Site (including the Site Content) is at your sole risk and NMV is not responsible or liable for any loss or damage that results from the use of the information on the Site.
(3) NMV reserves the right in its sole discretion and without notice to you to correct any errors or omissions in any portion of the Site.
(4) No warranty (of any nature) is provided with respect to any information contained within, or in connection with, the Site.
(5) Use of the Site is at your sole risk and you are wholly responsible for your participation on the Site.
(6) NMV does not warrant that:
(a) the Site and the Site Content will be error free or uninterrupted; or
(b) the Site will be free of Malicious Code.
9. Intellectual Property ownership
9.1 Ownership of Intellectual Property
NMV will at all times retain ownership of any Intellectual Property used in respect of the Site.
9.2 Restricted conduct
It is an essential term of these terms and conditions that you must not:
(1) launch or attempt to launch a site or arrangement that is the same or similar to the Site, or which uses the Intellectual Property; or
(2) do anything that:
(a) is inconsistent with NMV’s interest in the Intellectual Property;
(b) infringes upon NMV’s rights to the Intellectual Property; or
(c) which leads to the value of the Intellectual Property being diminished or otherwise adversely affected.
10. Limitation of liability
10.1 Subject to the law
Nothing in these terms and conditions will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to these terms and conditions by law, including under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), where to do so would be illegal or render any provision of these terms void or unenforceable.
10.2 Risk and indemnification
(1) You are wholly responsible for your use of the Products and use of the Site and do so at your own risk. You acknowledge that NMV is in no way responsible for, and accepts no liability in relation to, yours or any other persons use of the Products and use of Site.
(2) With respect to the Products and the Site, you agree that you are liable for and indemnify NMV in respect of any:
(a) damage, loss, cost or expense (whether direct or indirect);
(b) any breach or alleged breach of any of your representations, warranties or obligations contained in these terms and conditions; and
(c) other Claim brought against NMV by a third party,
that NMV may suffer or incur as a result or in connection with your acts or omissions with respect to the Site and the Products.
(3) To the full extent permitted by law, you agree to release and discharge NMV and its employees, contractors and agents from all liability (of any kind) arising out or relating to your use of the Products and use of the Site.
(4) With respect to the Site, NMV accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with:
(a) your use of the Site or any linked web site;
(b) your personal information being incorrect;
(c) the unauthorised use of your information;
(d) any breach or alleged breach of any of your representations, warranties or obligations contained in these terms and conditions; or
(e) your reliance on any information (including the Site Content) contained or accessed through the Site.
10.3 Limited liability
To the full extent permitted by law, NMV’s liability to you for a breach of any non-excludable warranty, condition or guarantee is limited to the any Price paid by you in the fourteen (14) days preceding the relevant Claim.
10.4 No liability for consequential losses
To the full extent permitted by law, NMV will not be liable in any event for any indirect or consequential losses (including but not limited to any loss or damage arising from a breach of contract or agreement, tort, or any other basis in law or equity including, but without limitation to, loss of profits, loss of revenue, loss of production, loss or denial of opportunity, loss of goodwill, indirect or remote or unforeseeable loss, loss of reputation, future reputation or publicity, or any similar loss which was not contemplated by the parties) whether or not NMV had knowledge that such losses might be incurred.
11.1 Force Majeure
(1) NMV will not be liable for any delay or non-compliance with any of its obligations to you for any Force Majeure events arising out of circumstances beyond NMV’s reasonable control.
(2) During Force Majeure events, NMV’s obligations are suspended for the period that the Force Majeure events remain in effect.
11.2 Age Restriction
(1) You represent and warrant to NMV that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into these terms and conditions and to use the Site and purchase the Products in accordance with these terms and conditions.
(2) If you are under eighteen (18) years old, you may only purchase the Products with the consent of your parent or guardian.
11.3 Links to other Websites
(1) The Site may contain links and pointers to other sites on the internet which may be maintained by third parties. Such links do not constitute an endorsement by NMV or NMV’s licensors or affiliates of any third party site or any materials contained in those other sites.
It is sometimes important for NMV to perform maintenance to the Site. This may mean that your use of the Site is interrupted or disrupted from time to time.
11.5 Amendment to terms
It may become necessary for NMV to change the terms of these terms and conditions from time to time. If so, NMV will publish notices of changes on the Site and will date those changes. Your continued use of the Site and purchase of the Products after the date the notices of changes are published on the Site will be deemed to constitute your acceptance of those changes.
11.6 General provisions
(1) These terms and conditions constitute the entire agreement between you and NMV with respect to the Site and purchase of Products and supersede all prior agreements between you and NMV.
(2) Failure on NMV’s part to enforce any provision of these terms and conditions is not to be construed as a waiver of any provision or right.
(3) These terms and conditions are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of its courts.
(4) If any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.
(5) The termination of these terms and conditions will not affect the rights of each party against the other in respect of anything done or omitted under these terms and conditions prior to that termination.
(6) NMV may assign or novate its rights under these terms and conditions at any time without your consent. You cannot assign or novate your rights and obligations under these terms and conditions without NMV’s consent.
12. Definitions section
against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.
means an event of force majeure as recognised at law including, without limitation, any of the following events: anything outside the reasonable control of a party including but not limited to enactment of legislation, acts of god, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, terrorism, rebellion, insurrection, sabotage, epidemic, quarantine restriction, strikes, transportation embargo and failure of or delay in transportation.
means all intellectual property rights conferred by law and owned by NMV including (without limitation):
(1) patents, designs, plans, designs, photos, images, specifications or other documents on the Site;
(2) copyright, trademark, trade business, company names, business names, websites, URLs or email addresses; and
(3) all other proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
means any software virus, worm, or other harmful computer code, file, script, agent or program.
means all products advertised for sale on the Site from time to time for purchase by you.