Terms and Conditions
Last updated 8 December 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the mydoggydaycare.com.au/ website and any of its subdomains (the “Service”) operated by My Doggy Daycare Pty Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms of Service apply to all users and visitors of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these terms on your behalf.
By accessing or using any part of the Service you agree to be bound by these Terms. If you disagree with any part of the terms and conditions of this agreement, then you may not access the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of My Doggy Daycare Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of My Doggy Daycare Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by My Doggy Daycare Pty Ltd.
My Doggy Daycare Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that My Doggy Daycare Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the internet, you do so at your own risk.
We strongly advise that you read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
Indemnification
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
My Doggy Daycare Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of these Terms, it is your sole responsibility to stop using the Service. your continued use of the Service will be deemed as your acceptance thereof.
Our Products
We aim to ensure that all the products on our website are accurately described. Information about our products on the website is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law), we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
In some cases, the products we offer for sale are handmade or made from natural or organic materials and there may be slight variations between the product image(s) and the product you receive. Where this is applicable, it will be stated in the description of the individual product listing on our website. We aim to ensure that all colours are displayed accurately on our website, but you should be aware that colours may appear slightly differently on different displays and screens and that the shade of colour from screen to screen is not a fault or error.
All descriptions of products or product pricing are subject to change at anytime without notice.
Orders
Please check your order details, including selected products and pricing before submitting your order.
We will provide you with an order confirmation email, once your order has been submitted and your payment has been validated.
Prices, payment and GST
If we offer payment via a third party payment processor, the payment may be subject to their terms and conditions.
Cancellations
Orders are dispatched the same day of payment, please contact us immediately at shop@mydoggydaycare.com.au if you wish to cancel. Orders cannot be amended or cancelled once they have been dispatched for delivery.
We reserve the right to accept or cancel your order for any reason at any time, including unavailability of product, an error in the price, image or product description or an error in your order.
If we cancel your order, we will contact you by email to let you know and you will have the option of receiving a full refund or a store credit.
Social media pages and Blog
We are required to monitor all publicly posted product reviews on our social media platforms and in accordance with Australian laws. We may move any of these reviews if they appear fake, offensive, defamatory or irrelevant. We may need to edit reviews on occasion to omit words which appear defamatory or offensive. Feel free to contact us on gladesville@mydoggydaycare.com.au for any further clarification on review monitoring. Please note that if you contact us, we can amend reviews so they can still be posted rather than remove all together.
To ensure a positive and respectful environment for everyone, we ask that you follow a few simple guidelines when making a contribution to our social media pages: We're all about the dog and specifically, the wellbeing of all dogs. We welcome contributions on this topic. We'll delete posts that we consider to be off-topic, spam, advertising, offensive, sexually inappropriate, threatening, abusive, hateful, profane or defamatory towards a person's race, ethnicity, entity, belief or symbol. However, we reserve the right to address factual errors or delete posts if we think it appropriate or necessary to do so.
You may not copy our material and post it without attribution, use it for commercial purposes, or claim it as your own.
Giveaways/ prizes / Gifts
Subject to any specific terms or conditions that are displayed with any Giveaways/prizes/gifts at the time they are offered, displayed or advertised, when these items or the like are offered, displayed or advertised on our Website or social media platform, to full extent permitted by law We:
- may withdraw the offer of the prize/s at any time prior to the time the recipient/s of the prize are to be drawn or otherwise determined, without notice to you, in the event that we are, for any reason, unable to supply the prize/s; and
- in the event that we are unable to supply the exact gift/s and/or giveaway item/s displayed to you for any reason, we may supply in it/their place an alternative items/s of a similar nature and value; and
- supply of the alternative item/s will be in complete satisfaction of the Owners obligation to the recipient/s in respect of the gift/s and/or giveaway items/s, to the extent permitted by law.
Contact Us
If you have any questions about these Terms, please contact us.