Terms and Comnditions

Ownership
Welcome to the Petscope website which is owned and operated by
All Natural Foods Pty Ltd ACN 136 752 755

Access and use
These are the general Terms and Conditions for the website, the homepage of which is located at www.petscope.com.au and all sites within that network from time to time (“the Website”). Additional Conditions of Use apply to any person entering into any transactions via links to this Website.

When using the Website you must comply with these Terms and Conditions, the additional Conditions of Use if you buy from or have an account with All Natural Foods Pty Ltd and any notices and disclaimers elsewhere on the Website (known collectively as “Terms of Use”).

Subject to compliance with any applicable laws or regulatory requirements, All Natural Foods may change the Terms of Use at any time so please read these each time you use the Website to ensure that you are kept up to date. All Natural Foods will provide you with notification on the Website where All Natural Foods reasonably believes that any variation to these Terms and Conditions will cause material detriment to you. If you do not agree with them, you should leave the Website immediately. By continuing to use the Website, you accept the current Terms and Conditions.

Intellectual property rights
The intellectual property rights (including copyright) in all information, text, material, graphics, fonts, icns, code (including HTML), audio, video, photographs, software and advertisements on the Website (“Content”) are owned by or licensed to All Natural Foods Pty Ltd. The Content is protected by Australian and international intellectual property laws.

You must not modify, copy, reproduce, sell, frame, scrape, upload to a third party, create derivative works from, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by All Natural Foods Pty Ltd . You may not use a trade mark displayed on the Website without All Natural Foods Pty Ltd or the relevant owner’s written permission.

Further, you must not make use of any “Meta tags” or other “hidden text” that uses All Natural Foods Pty Ltd name or trade mark or product name without All Natural Foods Pty Ltd written consent.

Conduct
You may, using an industry-standard web browser, download and view the Content for your personal, non-commercial use only.

In using the Website and any of the services provided by All Natural Foods Pty Ltd, you must not:

  • disrupt the operation or security of the Website or those services or any accounts, servers, or networks connected or accessible through the Website;
  • use the Website or those services in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of the Website or those services;
  • submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  • submit any material of any kind which violates or infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other proprietary right without first obtaining the permission of the owner or relevant right holder;
  • submit any material of any kind which contains a virus or other harmful component;
  • delete any author attribution’s, legal notices, or proprietary designations or labels in any material that is submitted;
  • modify or delete any content on the Website or add any content to the Website; or
  • attempt to gain unauthorised access to any part of the Website or those services.

All Natural Foods Pty Ltd reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Services and accuracy of information
All Natural Foods Pty Ltd does not warrant that the material or functions contained in the Website or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components.

All Natural Foods Pty Ltd does not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of the Website or materials or functions contained on the Website.

You expressly acknowledge and agree that All Natural Foods Pty Ltd does not control users of the Website and is not liable for their behaviour including any information, defamatory statements or offensive conduct.        

Delays and viruses
All Natural Foods Pty Ltd will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused.

If website is unavailable
It is your responsibility to use other means of effecting transactions and obtaining information if for any reason you are unable to use this Service or the Service is unavailable.

We undertake to make all reasonable efforts to ensure that the Service you use is available to you during the hours specified by us from time to time but we are not liable to you for or in connection with:

  • failure of a Service to perform in whole or in part, any function which we have specified it will perform;
  • the unavailability of a Service to you in whole or in part because of the failure of the communication network, ancillary equipment or any circumstance beyond our reasonable control; or
  • delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.

Linked sites and advertising
You may be able to access third party websites from this Website. All Natural Foods Pty Ltd does not make any representations in relation to the content, quality, or reliability of these websites, and All Natural Foods Pty Ltd’s inclusion of a link to them does not imply that All Natural Foods has any relationship or affiliation with them. All Natural Foods is not responsible for the content or practices of third-party websites that may be linked to the Website.

The Website may also be linked to other websites operated by companies affiliated or connected with All Natural Foods. When visiting other websites, you must refer to each such website’s individual terms and conditions of use.

All Natural Foods Pty Ltd takes no responsibility for third party advertisements which are posted on the Website, nor does it take any responsibility for the goods or services provided by advertisers.

Limitation of liability
Subject to the following paragraph, under no circumstances will All Natural Foods or any related corporation or their respective directors or employees be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs) whether direct, indirect, or consequential howsoever caused (including, without limitation, negligence) suffered or incurred by you arising out of:

  • use of, or any inability to use the Website or any third party website;
  • the Content of this Website or any third party website; or
  • any services offered or made available to you by All Natural Foods through the Website.

If the Trade Practices Act 1974 (TPA) or any other legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by All Natural Foods, and All Natural Foods’s liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead All Natural Foods Pty Ltd’s liability for any breach of that condition or warranty is limited to in the case of a supply of goods, All Natural Foods Pty Ltd doing any one or more of the following (at All Natural Foods election):

  • replacing the goods or supplying equivalent goods;
  • repairing the goods;
  • paying the cost of replacing the goods or of acquiring equivalent goods;
  • paying the cost of having the goods repaired,

and, in the case of a supply of services, All Natural Foods doing either or both of the following (at All Natural Foods Pty Ltd’s election):

  • supplying the services again;
  • paying the cost of having the services supplied again.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the TPA or any other legislation which may not be excluded, restricted or modified by agreement.

Linking to this website
You must not create a hyperlink to any page within the Website unless All Natural Foods Pty Ltd gives you prior written permission.

Termination
All Natural Foods Pty Ltd reserves the right to immediately terminate this agreement or your use of, or access to, the Website at any time if All Natural Foods Pty Ltd decides at its sole discretion that you have breached the Terms and Conditions or any relevant law, rule or regulation or you have engaged in conduct that All Natural Foods considers to be inappropriate or unacceptable. All restrictions imposed on you, licenses granted by you and all All Natural Foods disclaimers, limitations of liability and indemnities set out in the Terms of Use will survive any termination.

Indemnity
All Natural Foods relies on your continued observance of these Terms and Conditions. If All Natural Foods suffers any loss or damage or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation then you agree to indemnify All Natural Foods Pty Ltd for those losses, damages and costs.

Miscellaneous
These Terms and Conditions apply to the full extent possible in relation to the supply by All Natural Foods of any content or services for a wireless application protocol service (“WAP service”), a short messaging service for mobile phone users (“SMS service”) and personal digital assistant service (“PDA service”).

These Terms and Conditions will be governed by and construed in accordance with the laws of South Australia, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.

 

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