The Terms and Conditions set out in this agreement (“Terms”), govern your access to and use of the performancepetfoods.com.au website and services (“Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (“Content”).
Permission to access and use the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
performancepetfoods.com.au reserves the right to change these Terms at any time. We will notify you of that change by sending you an email or by posting a website notice. By continuing to use performancepetfoods.com.au, you consent to be bound by these terms of service.
You understand that the Services which performancepetfoods.com.au provides will go through periods of development and improvement, and the form and nature of the Services may change from time to time, without notice. Furthermore, performancepetfoods.com.au may cease (permanently or temporarily) to provide the Services (or any features within the Services) and may not be able to provide you with prior notice.
Accepting the Terms
In order to access the Services, you must agree to the Terms. If you do not accept the Terms, you may not use the Services.
Third Party Marketing
We do not provide your personally identifiable information to third party marketers.
Content on the Services
All Content, whether posted publicly or communicated privately, is the sole responsibility of the person who created such Content. performancepetfoods.com.au cannot regulate the Content published via the Services and whilst all reasonable efforts of moderation will be made, we cannot take responsibility for such Content.
The reliance and use of any Content or resources posted via the Services or acquired by you through the Services is at your own risk.
performancepetfoods.com.au does not support, represent, endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that could be deemed offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been categorised incorrectly or are deceptive.
Under no circumstances will performancepetfoods.com.au be liable in any way for any Content, including, but not limited to, errors or omissions, or any loss or damage of any kind experienced as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
performancepetfoods.com.au may need to provide you with certain communications, such as service announcements and administrative messages. These communications are part of the Services of the performancepetfoods.com.au website ie. “contact forms”, which you may not be able to opt-out from receiving.
You or we may terminate this agreement at any time. Without limiting the foregoing, performancepetfoods.com.au has the right to terminate any use of the website, with immediate effect, in the event of any conduct by the visitor which we consider to be unacceptable, or in the event of a failure by the visitor.
You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to, or arising out of:
- Reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of this website;
- Your breach of any of these Terms; or
- Any conduct of yours or any transaction entered into by you that does not comply with the relevant law or infringes any third party right, including intellectual property rights.
performancepetfoods.com.au is provided on an “as is” and “as available” basis. Use of the Services is at your own risk and you acknowledge and agree that, to the extent permitted by law, we make no assurances:
- That performancepetfoods.com.au will meet your requirements, including fitness for purpose;
- That operation of the Services will be uninterrupted, secure or error–free;
- That monitoring of conduct of Member activity will prevent all Inappropriate Conduct;
- Regarding any Content submitted by any other Member;
- Concerning third party information – while we will not knowingly provide incorrect information we may not be able to verify all third party information on performancepetfoods.com.au website and so you should not rely on it without first making your own enquiries. We do not guarantee or endorse the accuracy of any third party information;
- That any feature of performancepetfoods.com.au will continue to be provided;
- Concerning any site or resources made available on performancepetfoods.com.au , including any direct links to a website not owned by performancepetfoods.com.au
- performancepetfoods.com.au makes no representations about third party operated websites and, if you visit a linked website, you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service or any association with their operators unless this is specifically stated on the Website.
- You acknowledge and agree that performancepetfoods.com.au is not responsible or a party to any transaction or arrangement that you choose to enter into with any third party. Any transactions or arrangements entered into by you are at your own risk.
- Where any dispute arises between you and another user of performancepetfoods.com.au you agree in good faith to attempt to resolve the dispute amicably by informal means, before pursuing any further formal action. You acknowledge that we will not be a party to any such dispute.
performancepetfoods.com.au does not warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that the service is free of viruses or other harmful components.
performancepetfoods.com.au expressly disclaims all warranties, express or implied, including without limitation the warranties of merchantability or fitness for any particular purpose of use, and non-infringement.
This Agreement is governed by the laws of Queensland Australia and will be construed in accordance with the laws of Queensland Australia and you submit to the jurisdiction of the courts of Queensland Australia.
Third Party Trademarks
Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Android, Gmail Google Plus and Google Play are trademarks of Google Inc.
Yahoo is a trademark of Yahoo Inc.
Outlook is a trademark of Microsoft Corporation.
WhitePages is a trademark of Sensis Pty Ltd (ABN 30 007 423 912).
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may only be modified as set forth herein.
This Statement makes up the entire agreement between the parties regarding performancepetfoods.com.au and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights.