| RSPCA Website
terms and conditions
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Your use of this site and the information available on this
site is subject to the following terms and conditions:
1. Ownership
1.1 This site www.rspca.org.au
("Website") is owned and operated by RSPCA Australia
Inc. ("RSPCA Australia").
2. Terminology
2.1 In these terms and conditions, the expressions
"we", "us", and "our" are references
to RSPCA Australia.
3. Use of Website from outside Australia
3.1 The information on this Website ("the
Information") and the Terms and Conditions have been prepared
in accordance with Australian law. If you are residing in or
accessing this Website from a country other than Australia
("the User Country") the Information and the Terms and
Conditions may not satisfy the laws of the User Country. Should
the Information and the Terms and Conditions satisfy the laws of
the User Country, then you are entitled to use the Website. In the
event that the Information or the Terms and Conditions do not
satisfy the laws of the User Country, this Website is not intended
for your use, and you are not entitled to rely on the Information.
If you do so, you agree to indemnify us for any loss or damage
which we may incur as a consequence.
3.2 We will not accept orders for products from people
residing in or accessing this Website from a country other than
Australia.
4. Acceptance of Terms and Conditions
4.1 Your access and use of the Website is conditional
upon your acceptance and compliance with the terms, conditions,
notices and disclaimers contained in this document and elsewhere
on the Website (known collectively as the "Terms and
Conditions"). Your use of and/or continued access to the
Website constitutes your agreement to the Terms and Conditions.
4.2 We may amend the Terms and Conditions at any time
by posting the amended terms and conditions on the Website. The
amended terms and conditions will be effective immediately and you
will be bound by the amended terms and conditions from that time.
This agreement may not be amended otherwise. You should visit this
page periodically to review the Terms and Conditions. If you
violate any Terms and Conditions your right to use and access the
Website automatically terminates.
5. Restrictions on Use
5.1 The Website is available only for your personal
and non-profit use. We have the right to change or discontinue any
feature of the Website including the Material defined in clause 6,
hours of availability and equipment required for access. You may
make a single hard copy of the Material. You may not otherwise
copy, reproduce, republish, frame, post, upload, distribute,
transmit or modify in any way all or any part of the material
contained on this Website, unless expressly provided for on the
Website or expressly authorised in writing by RSPCA Australia. You
must not transmit or attempt to transmit any data, code or other
material of any kind to this Website which contains a virus or
other harmful component.
6. Trade marks
6.1 All names, logos and trademarks are either our
property or the property of third parties who have contributed to
the Website. Nothing on the Website should be interpreted as
granting any rights to use or distribute any names, logos or
trademarks, without our express written agreement or the relevant
contributor. Nothing displayed on the Website should be construed
as granting any licence or right to use any name, logo or
trademark without our express permission, or the relevant third
party contributor.
7. Copyright
7.1 The content of this Website, including all
information such as text, graphics, images and other material
("Material"), is protected by Australian and
international copyright law. You may download a single copy of the
Material and where necessary for reference purposes keep a
temporary copy in your computer's cache and make a single hard
copy of the Material. You may make such other use of the material
as is otherwise expressly authorised on the Website. Unauthorised
use of the Material may violate these copyright laws.
8. No Representations
8.1 We make no representations about the accuracy,
reliability, completeness or timeliness of the Material. The
Material may contain inaccuracies or typographical errors. The use
of the Website and the Material is at your own risk. Changes are
periodically made to the Website and may be made at any time.
9. No Warranties
9.1 The Website and Material are provided on an as is
basis without any warranties of any kind. We disclaim all
warranties to the fullest extent permitted by law.
9.2 The Trade Practices Act 1974 (Cth) and all
corresponding state and territory legislation implies terms,
conditions and warranties into some contracts for the supply of
goods and services and prohibits the exclusion, restriction and
modification of such terms ("Prescribed Terms"). Except
as provided by the Prescribed Terms, all warranties express or
implied by law in any way relating to access to, or non access to,
the Website or the use of or reliance upon the Website or the
Material are excluded.
9.3 In addition, we do not warrant that the Website
will operate error free or that this Website and its servers are
free of computer viruses and other harmful data, code, components
or other material. Nor do we warrant that it will be able to
prevent any illegal, harmful or inappropriate use, modification or
alteration of the Website, or will give notice of such use,
modification or alteration. If your use of the Website or the
Material results in the need for servicing or replacing equipment
or data, we are not responsible for those costs.
10. Limitation of Liability
10.1 Except as provided by the Prescribed Terms,
neither we, our suppliers, or any third parties mentioned on the
Website shall be liable for any loss or damage whatsoever
(including, without limitation, incidental and consequential
damages, lost profits, or damages) resulting from the use or
access to or inability to use and access the Website and the
Material.
11. Specific Warnings
11.1 You must ensure that your access to this Website
is not illegal or prohibited by laws which apply to you. You must
take your own precautions to ensure that the process which you
employ for accessing this Website does not expose you to the risk
of viruses, malicious computer code or other forms of interference
which may damage your own computer system.
12. Taxes
12.1 Certain taxes and government charges may be
payable in relation to the use of our services. We have no
responsibility for such taxes and other government charges on
transactions on or in anyway connected with the Website. However
should any charge be made by us for the supply of goods or
services on the Website, such charges are inclusive of any goods
and services tax imposed under Australian law ("GST").
13. Internet Service Providers
13.1 If you are an internet service and/or access
provider, which supplies the material to your subscriber, you must
not use the Website in any manner or for any purpose which is
unlawful or in any manner which violates any of our rights or
which is prohibited by the Terms and Conditions.
14. Hyperlinks
14.1 The Website contains hyperlinks and other
pointers to internet websites operated by third parties ("Linked
Sites"). The Linked Sites are not under our control and
we are not responsible for the content of any Linked Site or any
hyperlink contained in a Linked Site.
14.2 The inclusion of any link does not imply our
endorsement of the Linked Site. You link to any such Linked Site
entirely at your own risk. We exercise no control over the
quality, safety or legality of the items advertised or sold and
statements made through any Linked Sites.
14.3 The Material on any Linked Site, including
product information and prices, are the responsibility of the
operator of the Linked Site. Any information contained on a Linked
Site is subject to change without notice by the operator of that
website. We are not liable for the prices or price changes,
including where price changes have not been reflected on the
relevant site.
14.4 Any purchases or dealings you have with a Linked
Site are done at your own risk. We are not a party to any
transaction between you and a Linked Site. Your use of a Linked
Site is subject to the terms and conditions of that site in
addition to the Terms and Conditions of this Website. If there is
any inconsistency, to the extent of the inconsistency, the Terms
and Conditions of this Website prevail.
15. Advertisements
15.1 The Website display of the Price List is an
advertisement made by the Vendor RSPCAs.
15.2 The Website may contain embedded hyperlinks or
referral buttons to websites operated by third parties or their
licensees or contractors (Advertisers). Clause 14 also
applies to sites operated by Advertisers. Any claims by
Advertisers are not recommendations or endorsements by us.
16. Disputes with Linked Sites and
Advertisers
16.1 As we do not and cannot be involved in your
interaction with Linked Sites and Advertisers, in the event that
you have a dispute with one or more Linked Sites or Advertisers,
to the extent permitted by law, you agree to release us (and our
agents and employees) from liability for any claims, demands and
damages (actual and consequential) arising out of or in any way
connected with such disputes.
17. Termination
17.1 The Terms and Conditions are effective until
terminated by us. We may terminate this agreement and your access
to the Website at any time without notice. ln the event of
termination, you are no longer authorised to access the Website.
All restrictions imposed on you, disclaimers and limitations of
liability set out in the Terms and Conditions will survive
termination.
18. Governing Law
18.1 The Terms and Conditions are governed by and
construed in accordance with the laws of the Australian Capital
Territory, Australia. You irrevocably and unconditionally submit
to the non-exclusive jurisdiction of the courts of the Australian
Capital Territory.
19. Privacy Policy
19.1 We may collect Website visitors' contact
information (like their e-mail addresses). Unless you object, this
information may be shared with State and Territory RSPCAs and may
be used:
(1) to send news,
information about our activities and general promotional material
which we believe may be useful to you;
(2) to monitor
who is accessing the Website or using services offered on the
Website; and
(3) to profile
the type of people accessing the Website.
19.2 If you do not wish to have your personal
information used in this manner or for any other specific purpose,
please email us accordingly.
19.3 The Website may utilise "cookies" which
enable us to monitor traffic patterns and to serve you more
efficiently if you revisit the site. A cookie does not identify
you personally but it does identify your computer. You can set
your browser to notify you when you receive a cookie and this will
provide you with an opportunity to either accept or reject it in
each instance.
19.4 We may provide your personal information to State
and Territory RSPCAs. We will not sell or otherwise provide your
personal information to a third party, or make any other use of
your personal information, for any purpose which is not incidental
to your use of this Website. For the removal of doubt, personal
information will not be used for any purpose which a reasonable
person in your position would not expect.
19.5 If you request us not to use personal information in a
particular manner or at all, we will adopt all reasonable measures
to observe your request but we may still use or disclose that
information if:
(1) we
subsequently notify you of the intended use or disclosure and you
do not object to that use or disclosure;
(2) we believe
that the use or disclosure is reasonably necessary to assist a law
enforcement agency or an agency responsible for government or
public security in the performance of their functions; or
(3) we are
required by law to disclose the information.
19.2 If you do not wish to have your personal
information used in this manner or for any other specific purpose,
please email us accordingly.
19.6 We will preserve the content of any e-mail or
other communication you send us if we believe we have the legal
requirement to do so. Your e-mail message content may be monitored
by us for trouble-shooting or maintenance purposes or if any form
of e-mail abuse is suspected.
19.7 In accordance with the National Privacy
Principles, we will not collect sensitive information about you
(including information about your health, racial or ethnic origin,
political or religious beliefs, philosophical beliefs, membership
of professional or trade associations or unions, sexual practices
and criminal records) unless you have consented to this or unless
we believe we are required by law to do so.
19.8 Personal information which we collect (including
your contact details) is kept confidential to the best of our
ability. You will appreciate, however, that we cannot guarantee
the security of transmission.
19.9 We consider that it is the responsibility of
parents to monitor their children's use of our Website.
Nevertheless it is our policy not to offer to send any promotional
material to persons in that category.
19.10 You are entitled to have access to any personal
information relating to you which you have previously supplied to
us over this Website. You are entitled to edit or delete such
information unless we are required by law to retain it.
19.11 If you wish to comment on or query our privacy
policy, or if you wish to make an inquiry regarding any personal
information relating to you which may be in our possession,
contact us on by clicking
here.
20. Security of Information
20.1 Unfortunately, no data transmission over the
Internet can be guaranteed as totally secure. Whilst we strive to
protect such information, we do not warrant and cannot ensure the
security of any information which you transmit to us. Accordingly,
any information which you transmit to us is transmitted at your
own risk. Nevertheless, once we receive your transmission, we will
take reasonable steps to preserve the security of such
information.
21. Indemnity Clause
21.1 You indemnify us, regardless of any negligence on
our part, against all losses, liabilities, legal costs and other
expenses incurred by us arising directly or indirectly as a result
of or in connections with the breach by you of any provision of
these Terms and Conditions or any wilful, unlawful or negligent
act by you in connection with the supply by a Vendor RSPCA to you
of, or use by you of, any Product.
22. Miscellaneous
22.1 If any provision of the 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 and Conditions which will continue in full force and
effect. All rights not expressly granted are reserved. This
agreement sets out the entire understanding and agreement between
RSPCA Australia and you with respect to the subject matter.
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