WEBSITE TERMS AND CONDITIONS
In these terms and conditions, "we" "us" and "our" refers to The Virtual Animal House Pty Ltd. Your access to and use of all information on this website (the "Site") including purchase of our service/s is provided subject to the following terms and conditions.
We reserve the right to modify or terminate our services, at our discretion, withou notice and without liability to you or any other user or third party. We also reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details, including your name and email address, are true and accurate at all times and you undertake to update your registration details from time to time when they change. If we become aware that either your name and/or email address is incorrect, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion.
- You agree, through your use of this service, that you will not use our service to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person.
- On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
- We reserve the right to terminate your membership at any time if you breach these terms and conditions.
USER CONTRIBUTIONS TO THE SITE
- There are many opportunities for you to contribute to the Site. These include, among others, uploading photos, articles, classifieds, links or other materials, which collectively, we call "Content" to the Site. We are not liable or responsible for any content provided by our users or other third parties to the Site ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of Us. We can not preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. We do not verify the identity of people using our Site, and you assume the risk of believing or not believing any User Content you read.
- All chat and bulletin board communications are public and not private communications. Although we reserve the right to remove without notice any bulletin board posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. If you post anything, you guarantee to us that you have legal rights to post your material and it will not violate any law or the rights of any person.
- All directory and classified listings are public and not private communications. Although we reserve the right to remove without notice any posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. If you post anything, you guarantee to us that you have legal rights to post your material and it will not violate any law or the rights of any person.
- If you post any original content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the Site, you give us the royalty-free, irrevocable, perpetual, worldwide right to use, or allow others to use, distribute, reproduce or otherwise use the content in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. We are not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the Site.
OUR WEBSITE SERVICES
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- Our search technology automatically produces search results that reference sites and information located worldwide throughout the Internet. We has no control over these sites or the content within them. We can not guarantee, represent or warrant that the content contained in the sites is accurate, current, legal and/or inoffensive. We do not endorse the content of any third party site, nor can we warrant that they will not contain viruses or otherwise impact your computer.
- We index a large number of internet sites daily. This informaion is stored in our databases. We cannot, and do not, screen the information included in our databases, or any of the sites to which the databases link. We make no representations concerning any effort to review such information or sites.
- By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Us for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site.
- We assume no responsibility for any content included in our databases, or any site linked to by the databases or otherwise accessible from this Site, and will not be responsible for any errors or omissions contained in our databases, this Site, or any site otherwise accessible from this Site.
- We encourage all users to exercise their own discretion in using the services. If a site which is brought to our attention is deemed by Us to be offensive, then the link to it will be removed from our Site or database at the earliest practicable time.
MANIPULATION OF SEARCH RESULTS
- We are committed to provide our users the most relevant search results presented in the order of greatest relevance. We do not guarantee any ranking results for any Web page. We also reserve the right in our sole discretion to adjust the ranking of search results for any Web page and to remove listings of Web pages if we believe people are abusing our Site.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
INTELLECTUAL PROPERTY RIGHTS
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called "Comments") which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Nothing on this Site or use of the Services, will be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of us, our parent or subsidiaries, affiliates or other third party.
- All rights in relation to any content to which you may be directed through the use of our Services remain the property of the respective owners of that content, and we makes no representations regarding the use of that content.
- Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose and non-infringement of proprietary rights.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
- We do not guarantee that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it. We do not and cannot guarantee that your search results will be complete or accurate or that the links associated with the index will be accurate or active at the time of your search. The Site and its content are delivered on an "as-is" and "as-available" basis.
- We disclaim any warranties regarding the security, reliability, timeliness and performance of the search services we provide.
STATUTORY GUARANTEES AND WARRANTIES TO CONSUMERS
- Schedule 2 of the Competition and Consumer Act 2010 ("C&C Act") defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
LIMITATION OF LIABILITY
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- Under no circumstances will we, our parent or subsidiaries, any of the companies we are affiliated with, or any of our content providers be liable to you (or any third party making claims through you) for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use our services, resulting from any goods or services purchased or obtained or messages received or transactions entered into through our services, resulting from loss of, unauthorized access to or alteration of a user's transmissions or data or for the cost of procurement of substitute goods and services, including but not limited to damages for loss of profits, use, data or other intangibles, even if we had been advised of the possibility of such damages.
- You understand that you are personally responsible for your behavior while on the Site, and agree to hold harmless and indemnify us and our parent, subsidiaries, affiliates, and their officers, directors, employees, consultants and agents, to the full extent permitted by law, from and against any loss, damage, liability, cost or expense of any kind, including legal fees, that we may incur in connection with a third party claim or otherwise, arising from or in connection to your use of our Site. This includes, without limitation, an infringement by the user, or any other users of its account, of any intellectual property rights of a person or an entity and also your use of the Site to provide a link to another site or to upload content or other information to the Site.
WAIVER OF LEGAL RIGHTS
- If a user breaches any of these terms and conditions of use, and we have knowledge of that breach, a failure to pursue legal action or to enforce any remedy against the user will not constitute a waiver of our legal rights.
- Any waiver of any provision of these terms and conditions of use will only be effective if it is in writing and signed by us.
- These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.