Welcome to PetKeep.com.au website (also referred to as "Us", "we”, “the site", "this Site" or “Pet Keep”) and which is owned by Battle Pup Pty Ltd ACN 152 218 374. In order to use our services and to protect our company and its members you (defined as "the user", “you”, “the member” or “your”) will need to accept and comply with the terms, conditions, notice and disclaimers contained within this document (collectively referred to the "Terms of Use")

DEFINITION OF SERVICES:

The services that the site will provide are defined as follows: The online management (referring to storage, maintenance) of User and Pet information. The Service begins on the date of a successfully completed online subscription and continues for the period of time specified during the purchase of service (subscription). The service will automatically renew at the end of the subscription period, unless you cancel your subscription before the end of the current subscription period. After cancellation of a subscription period, we have no further obligation or responsibility to provide service of any kind for the user. We will use commercially reasonable efforts to minimize delays and interruptions however we cannot be responsible for any delays and interruptions to the Site. Therefore we cannot warrant that the Site will be available all the time or at any given time.

We may add or remove features, products, or services to the Site or at any time or without notice to you, discontinue the website in whole or in part. We cannot be held responsible for any loss, cost, damage or any liability that may result from our discontinuance of the Site.

We attempt to be as accurate as possible in describing the products and services available from this Site. However, we do not warrant that the product or service descriptions or other content of the Site is accurate, complete, reliable, current and free.

CHANGES TO THE TERMS OF USE

These terms of use are effective as of 7th November 2014. We reserve the right to change these Terms of Use from time to time without prior notification to you. It is your responsibility to ensure that you read and keep up to date with these terms of use.

REGISTRATION DATA AND PRIVACY

By creating an account with petkeep.com.au you agree to be bound to the terms of use of this Site. If you do not agree to the terms of use please do not continue with your registration.

In order to access the services on this Site, you will need to register your name, email address and password ("Registration Data"). By registering you agree that your Registration Data are true and correct. You are responsible for maintaining and updating your registration data to keep it accurate, current, and complete.

It is essential that you keep your password secure and create a password using letters, numbers and special characters. It is your responsibility for keeping your password secure and agree to accept responsibility for all activities that occur under your password. We are not responsible or liable for any loss or damage arising from activities under your account and password.

PROHIBITED CONDUCT

In relation to this Site, you must NOT:

  • • Use the Site as a platform to post, send or transmit any information or materials which breach any laws or regulations, infringe a third party’s right or are in conflict to any relevant standards or codes.
  • • Use the Site as a platform to post, send or transit any material or message that interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which obstructs any user from using this Site.
  • • Use this Site to send unsolicited email messages
  • • In any way tamper with, hinder or modify this Site
  • • Deliberately transmit any viruses or any other programs and applications that will have any adverse effect in part or in whole
  • • Attempt any of the above acts or facilitate another person to do any of the above acts

INTELLECTUAL PROPERTY

For the purpose of this agreement, "content" is defined as the software, design, information, communication, text, images, video, graphics, music, layout, sounds and other material that we display on the Site are owned or are under license by Pet Keep and protected by Australian and International Law.

Your use of the Site does not grant you a license or act as a right to use any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without permission from the owner.

We own the copyright...

You must not:

  • • reproduce or use any of the material on the site for commercial purposes
  • • modify any material on the site
  • • embed or frame any material from this site onto another website



If there’s any unauthorized use of material displayed from this site, we will not hesitate to enforce intellectual property rights on you.

LIMITED LIABILITY

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES

This Site will not be held liable for any loss of property, nor for the loss of any animal. The user cannot hold the site liable for any damages, real or perceived, incurred by the user as a result of owning an animal, or purchasing Pet Keep tags and associated services from the site. Owning a Pet Keep Tag and utilising this site does not guarantee animal safety, return or health. The user acknowledges that the Site has no control, influence or responsibility for the care of any animal.

INDEMNITY

Upon request by us, you agree to indemnify us or our affiliates from and against all actions, claims, suits, demands, damages, liabilities, cost or expenses (whether in tort or in contract including and without limitation, negligence) that arise out of or in any relation to using this Site.

RIGHT OF TERMINATION OF SERVICE

Pet Keep reserves the right to, at any time and at our sole discretion, terminate your use of this Site without prior notice to you for violating any of the Terms of Use.

CONTACT US:

We have endeavoured to make our Terms of Use and Sale as simple and transparent as possible. Should you still be unsure of anything or require further information or clarification please email us at terms@petkeep.com.au

TERMS OF SALE:

By purchasing any goods/services/subscriptions from the Site you (the buyer) agree to the Terms of Sale. By using this site to purchase goods/services/subscriptions, you agree to purchase goods/services/subscriptions of the description and quantity described on the checkout window and incorporated herein by this reference on the terms and conditions set forth herein.

1. You do not need to set up an account with Pet Keep to purchase goods/services/subscriptions from the Site. Pet Keep reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders, in its sole discretion.

2. All prices at listed in Australian Dollar (AUD)

3. Pet keep endeavours to be as accurate as possible in the products, services and subscriptions available on our Site. If you found the product, service or subscription you purchased was not as described, please return it as per return policy provided below. If you purchased a product, service or subscription from a third party on our Site you must follow the return instructions for that party

4. Purchase Terms

You agree to pay the purchase price of the product/services/subscription as set forth in the order confirmation generated at checkout

5. GST

All orders will include GST as required by Australian Law. Pet Keep will collect GST and delivery it to ATO on a periodic basis

6. Payment Methods

Payment will be made via PayPal and PayPal’s recurring payment feature for subscriptions. PayPal will handle your payment and has its own secure connection, which encrypts all your information submitted.

7. Troubleshooting

Due to security and privacy issues we are not able to access your banking details in the event that your payment gets denied. If you experience any problems in regards to banking please contact your bank directly.

8. Conditions of Sale:

All purchases from this Site must be made over the age of 18. If you are under the 18 years you must have permission from a parent or guardian.

You agree to pay all the fees and charges associated with your order and purchases. Goods ordered for delivery outside Australia may be subject to any taxes applicable to the country where the item will be delivered. Any charges for Customs clearance is the responsibility by you, as these fees and charges are beyond our control. Since Custom policies vary from country to country, you should contact the Customs Office you intent to deliver to for additional information. Also please be aware that you will be considered the importer of record and must comply with all laws and regulations of such country.

If you wish to dispute a charge, you must notify us in writing within 7 days after receiving the credit card statement that includes the charges, or such dispute will be deemed waived.

9. Payment and Cooling-off Terms

The total amount of the Purchase Price must be made in full by the buyer at time of checkout. Payment must be made in full before delivery of the product/service. You have the right to change your mind and receive a full refund within seven (7) days of purchase (the “Cooling-off Period”)

Pet Keep may change the price for the service or subscription from time to time, and will communicate any price changes to you. Price changes for service or subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use Pet Keep services after the price change takes effect, you accept the new price.

10. Delivery

Unless otherwise stated in writing, delivery shall be made in accordance with our shipping policy in effect on the date of shipment. Delivery dates are estimates only. We endeavour to make all reasonable efforts to deliver in accordance with such dates, however we will not be liable if delivery is made outside the delivery dates. Unless otherwise agreed in writing, goods shall be packaged in accordance with our standards and practices.

11. Acceptance

We reserve the right to accept or decline the order/subscription for any reason, or ship less than the quantity ordered. Your order will be deemed accepted by us upon delivery of the products that you have ordered.

12. Return Policy

We value your satisfaction of the goods and services you purchase from Pet Keep. This does not include third party goods and services. If goods you have purchased from Pet keep arrive damage or with a manufactures defects, we will be happy to provide a replacement or refund if you contact us within 14 days of receipt. Third party goods and services purchased on this site are subject to seller's return policy, if detailed, if any.

You will receive a new tag every year upon successfully resubscribing to our services. We will provide you free replacement tags during your subscription period, however the user is responsible for the cost of postage and handling.

13. Title and Risk of Loss

All goods purchased from the Site are shipped pursuant to a shipment contract. This means that the title and risk of loss for the goods pass to you upon delivery to the carrier for shipment or delivery to you.

14. Subscription Information

Pet Keep is not responsible for any of the information or accuracy of the information contained within the member's account. You are solely responsible for the maintenance of accurate and current information entered in our databases.

15. Trial

Pet Keep from time to time may offer trials for a specified period with minimal payment. We reserve the right, in its absolute discretion to withdraw or to modify a Trial at any time without prior notice and with no liability.

At the end of your trial period, we may automatically start to charge you for the Annual Service on the first day following the end of the Trial, on a recurring annually basis. By providing your payment details to PayPal in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must cancel your Subscription through your Subscription page before the end of the Trial.

16. Renewal of Services and Subscriptions.

Your subscription will automatically renew at the end of the subscription period, unless you cancel your subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

17. Disclaimer of Warranty/Limitation of liability:

We do not make any warranty regarding the quality of the goods or that the goods will be fit for any particular purpose for which you may be buying them and we disclaim all other warranties and conditions, express or implied.

Pet Keep (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS)) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR SERVICE PURCHASED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF WE OR ANY OF OUR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY YOU HEREUNDER. WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD YOU HARMLESS FROM OR AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY YOU ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS. The warranties we make are those in effect on the date of purchase.

Last updated: 7th November 2014

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