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Terms and Conditions of Use
In this statement "we", "us", "our", "Pet Zympatico" means Roslyn Collings trading as Pet Zympatico.
These Terms and Conditions apply to everyone who visits this website. If you proceed to use this website, you are agreeing to abide by these Terms and Conditions. Pet Zympatico reserves the right to add, modify or terminate the terms and services, at its discretion, without notice and without liability to you or any other user or third party. Any changes to this Legal Disclaimer will be contained herein.
Use of this web site and the sale of products are governed by the laws of New South Wales and Australia. By using this website or purchasing products from Pet Zympatico you submit to our terms and conditions and applicable laws of New South Wales and Australia and agree that any dispute will be determined in accordance with and by the courts of New South Wales and Australia. Your use of this website and the purchase of products are governed by these Terms and Conditions of Use. It is your responsibility to ensure that your use of this website and the purchase of any products from Pet Zympatico comply with the law where you are. We make no representation or warranty in this regard. All local taxes, customs duties and other government fees and charges imposed on any products you purchase or on your purchase are your own responsibilities.
Disclaimer
While the information contained in the website is believed to be accurate and current, it is provided by Pet Zympatico in good faith on an “as is” basis. Pet Zympatico makes no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and does not accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.
To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, or a state or territory in Australia other than New south Wales, it is not directed to persons in those countries or state or territory and they should not use the website.
Privacy Statement
Pet Zympatico does not, nor will we ever, sell, rent or otherwise make available any personal data submitted by you to any third parties unless required to do so by law. This information is understood by us to mean your name, address, telephone/fax number, email address, as well as purchasing history. Your personal data will not be used for any direct marketing or unsolicited follow-up unless we have previously informed you of this possible use and you have given us your express permission when submitting it. With your permission, Pet Zympatico may use this information for such purposes as:
Sending you paper publications or other correspondence
Sending you email press releases or notification
Delivering goods or prizes
Only authorised staff or our agents (who have agreed to keep information secure) have access to personally identifiable information. Pet Zympatico does make use of non-personally identifiable statistical information (browser type, geographical location, age, gender) for optimisation of our website as part of our continual internal review process and in a general way to learn more about the consumers of our products. This information will not be disclosed to third parties.
Acceptance of Order
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Pet Zympatico reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with Pet Zympatico only comes into existence when we forward confirmation of receipt and acceptance of your order and payment.
Minors
The Pet Zympatico website is not intended for children 18 years of age and younger and Pet Zympatico does not knowingly accept orders or information from children. If your child has subscribed to our services or sent us personal information and you would like it removed please send an email to us requesting we remove your child's name from our subscriber service and we will delete it.
Credit Card Charges and Credit Card Fraud Penalties
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Seller's account, that the Seller is authorized to re-charge the Buyer's credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.
Pricing
Prices of products, services, delivery and any other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. Sale prices are subject to availability of stock and may be withdrawn without notice.
Links
This website contains links to websites not maintained, controlled or associated with Pet Zympatico and we do not make any endorsement, or any representation as to the accuracy or content of information contained on those websites. Pet Zympatico will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those Web Sites.
Viruses
Pet Zympatico does not represent that any information (including any file/s or images) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Pet Zympatico will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Pet Zympatico, it shall be limited to the cost of re-supplying that information obtained from our website.
Copyright/Trademark Notices
Our website was created and supported by Pet Zympatico and third-party solution providers. The contents of this website including without limitation all editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, music and names, logos and trademarks, are the property Pet Zympatico or licensors and are protected under applicable copyright and trademark laws. The copying, redistribution or publication of any part of this website is expressly prohibited without first obtaining written permission from Pet Zympatico
No Guarantee or Warranty
Pet Zympatico endeavours to accurately provide information about our products and services to our website viewers. We will use reasonable efforts to include accurate, complete and up-to-date information on this website. Pet Zympatico makes no warranties or representations as to its accuracy, completeness or frequency that it is updated. All users agree that they access the website at their own risk and information and materials on this website may be incomplete, inaccurate, out-of-date, or may not meet your needs and requirements.
This website is provided on an "as is" basis and on an "as available" basis. Pet Zympatico makes no representations or warranties of any kind or nature with respect to this website or its contents and disclaims all representations and warranties whether express or implied, created by law, contract or otherwise, including without limitation, any warranties of merchantability, fitness for a particular purpose, title or noninfringement. In no event shall Pet Zympatico be liable for damages for any kind or nature, including, without limitation, direct, indirect, special (including loss of profit), consequential or incidental damages arising from, or in connection with, the existence, access to, use or inability to use this website,; or from any materials, information, qualification or recommendations appearing on this website, regardless of whether pet Zympatico has been advised as to the possibility of such damages. This limitation includes damage, or damage due to your computer equipment or for any viruses that may infect your hardware or software. In addition, Pet Zympatico does not represent or warrant that the information accessible via this website is accurate, complete, or current.
Waiver of Legal Right
If a user breaches any of these terms and conditions of use and Pet Zympatico has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against the user will not constitute a waiver of Pet Zympatico's 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 Pet Zympatico.
All rights reserved
Pet Zympatico
ABN 89 909 730 217
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