TERMS OF USE - Petacular

Welcome to petacular.com.au!

petacular.com.au is a unique, all Australian owned and operated shopping platform that allows you to buy goods from a wide range of sources. You can not only buy what you want directly from us, but we also allow third party retailers and suppliers to list and sell goods directly to you through our site in what we call our marketplace – so you can enjoy thousands great deals on a massive range of products!

Here you’ll find our terms and conditions that apply to you when using the site. We hope you enjoy your next Petacular with us!

User Agreement
Specific terms applicable to marketplace sales
Registration and User Requirements
Access and use of the Website
Information on this Website
Disclaimer and Liability
Indemnity
Placing Orders
Price, Payment and Use of Discount/Coupon Codes
International Sellers and Direct Import Goods
Store Credits
Shipping and Delivery
Packaging and Labelling
Software and Technology Purchases – Limitation of Liability
Digital Access Codes (Games, movies and other digital content)
Change of Mind Returns
Problems with your goods – contacting us
Defective Goods
Dispute Resolution – Seller goods
Social Media and Content
Intellectual Property
Transfer and Assignment
General
Privacy and Personal information

User Agreement
1. By using the petacular.com.au website (and App and mobile site) and our social media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and petacular.com.au (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
Specific terms applicable to marketplace sales
1. In addition to selling its own goods and services, petacular.com.au also operates as a marketplace platform that allows independent, third party sellers who abide by our standards to list and sell goods on our Website (“Sellers”). If goods on the site are being sold by a third party, the listing will contain the Seller’s details in addition to any terms of sale specific to the Sellers goods (such as delivery timetables).
2. By buying these goods, you are transacting directly with the Seller, and petacular.com.au is not a party to the transaction. As a result, we do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.
3. In addition to terms applicable to goods we sell, these terms also set out terms applicable to goods sold by third party Sellers.
4. You agree that as a platform for independent Sellers, we are not responsible for the transactions that occur between you and the Seller, nor are we responsible for the Seller’s goods or services. Sellers are the ‘supplier’ of the goods under the Australian Consumer Law responsible for all statutory guarantees and warranties (if any). To the extent permitted by law, petacular.com.au makes no warranty or representation regarding the standard of any goods or services to be supplied by the Seller. Nothing in this clause is intended to have the effect of restricting or modify your rights or our obligations that cannot be restricted or modified by law (including the Australian Consumer Law).
Registration and User Requirements
1. You must be a registered member to access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2. By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
3. To register an account and use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
Access and use of the Website
1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
2. You must not (or attempt to):
  1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
  2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
  3. interfere (or attempt to interfere) with security-related or other features of our site; or
  4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
4. You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
Information on this Website
1. Information about goods on the Website is based on material provided by third party Sellers, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
3. Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
Disclaimer and Liability
1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
  1. errors, mistakes or inaccuracies on the Website or our social media pages;
  2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
  3. personal injury or property damage of any nature resulting from your access to or use of the Website;
  4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  5. any interruption or cessation of transmission to or from the Website;
  6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
  7. the quality of any product or service of any linked sites.
2. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Sellers of goods and services.
3. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
4. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
Indemnity
1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
Placing Orders
1. You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
3. Orders placed by you are offers to purchase either:
  1. a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/Seller terms and conditions at the price specified (including delivery and other charges); or
  2. goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
4. Goods sold by petacular.com.au are not reserved in-cart, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.
5. When an order is placed for a Sellers goods, we will send the order to the Seller for confirmation, at which time they may accept or reject your order. Where a Seller rejects your order, we will refund you for the order and associated shipping charges. You will receive confirmation that your order has been accepted by the Seller via email.
6. We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
7. Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will refunded in full.
8. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns are given at our absolute discretion. We will not change or replace your order where you have made an error.
9. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
10. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
Price, Payment and Use of Discount/Coupon Codes
1. The prices of goods, delivery and other charges shown are in Australian dollars.
2. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
3. A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.
International Sellers and Direct Import Goods
1. Where you purchase goods from an overseas based Seller, they may be subject to the GST low value import threshold, whereby goods with a value of less than $1,000 are not subject to GST. More information can be found at border.gov.au. You may be required to lodge a Customs Import Declaration and pay relevant taxes if the cost of goods exceeds the threshold.
2. By purchasing goods from these Sellers and importing them into Australia you acknowledge and agree that you will be recorded as the importer of the goods and will be the responsible for paying any taxes where applicable (including GST, duties and other charges ) associated with the importation of these goods, as well as, where applicable, compliance with any Australian standards or laws that may apply to the importation of such goods.
3. Multiple goods from an international Seller(s) delivered to you may be considered as the one consignment in which case the total value of the number of Import Orders will be taken into account in assessing whether any customs duties and/or GST is payable on the such orders.
Store Credits
1. Any unused portion of your Store Credit shall be credited to your account.
2. To the extent permitted by law, petacular.com.au reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the petacular.com.au Website.
3. Store credits expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months. 
Shipping and Delivery
1. Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
2. We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post). Sellers may set their own delivery time frames which may differ from goods sold by us. You should check the sales listing for these details.
3. Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
4. Sellers utilise their own shipping and distribution networks and may charge different rates for shipping on goods.
5. Express post is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
6. A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery.  (a) We will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frames;  (b) A parcel has been signed for delivery has occurred (regardless of whether or not you have personally accepted delivery).
7. We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
Packaging and Labelling
1. We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
2. We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
3. Because some goods are imported or originate from outside of Australia, their packaging, ingredients, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.
Software and Technology Purchases – Limitation of Liability
1. You acknowledge that storage media such as hard drives in laptops, external hard drives, SD cards and USB keys can fail without warning, leading to a loss of data. You should regularly back up software stored on the media. In the event that storage media ordered from us becomes faulty, fails or otherwise detrimentally affects software or data stored on it, except as required by law, we will not be liable for any loss or damage to the software or data.
2. If you return storage media (such as a hard disc drive) whether separately or as a part of another product, to us for any reason, including replacement or repair, we will not be responsible for any software or data stored on the media. We make no representation that we will be able to repair or replace any product without risk to or loss of the software or data.
Digital Access Codes (Games, movies and other digital content)
1. Any digital access codes offered on the Website (i.e. Steam keys, UPlay game codes etc.) are sold subject to the terms of use of third party distribution channels and the software or content unlocked by such codes is subject to intellectual property rights of third party licensors. Your use of the software or content (i.e. game, music, video etc.) may be restricted by Digital Rights Management (“DRM”) code or software controls embedded in the content by the licensor of the said content. petacular.com.au is not responsible for application of any DRM, or the affect it may have on your use of the content and we are not liable for the operation of DRM. You should check the user terms of the associated software or content distributor prior to purchasing an access keys.
2. You are responsible for determining whether your PC or user device is compatible with the software or content unlocked by access codes you purchase on the site. For recommended specifications, consult the product listing, or alternatively the publisher or distributor (i.e. Steam) website. Redemption of software or content will require high-speed internet access. Your ISP may charge you additional amounts for data usage, and you must familiarise yourself with these charges prior to purchasing any access keys.
3. For trouble redeeming your codes, you should first contact the relevant distribution channel (i.e. Steam) for technical assistance.
Change of Mind Returns
1. The following clause applies to goods sold by petacular.com.au only. Sellers may have their own policies and procedures in relation to change of mind returns.
2. We cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for store credit or exchange product on a case-by-case basis, provided that the item in question is:

returned within 28 days of order;
not used or worn (with original tags and/or packaging);
in a resalable condition; and
not damaged in any way.

We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.
If we allow a return in these circumstances, we will ask you to follow our returns process.
We may provide you with a product exchange or store credit only when we receive the returned product. You are responsible for payment of return postage on your order. Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available. Under no circumstances can we accept change of mind returns for digital access codes or downloadable software.

Problems with your goods – contacting us
1. If you have a problem with your goods, please contact us via the Help Centre. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.
2. For goods purchased from an independent Seller, you may contact the Seller directly through My Orders, clicking on the Contact Seller button. We will otherwise assist you to contact the Seller if you contact us.
3. If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect, however, you may still contact us.
4. Once an item is returned we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.
5. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
6. Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
7. We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
8. In the case of goods and/or services redeemable through a third party provider, the refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
Defective Goods
1. All goods sold on petacular.com.au (whether by us or an independent Seller) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2. Any product warranty given by petacular.com.au will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions. This warranty only applies where specifically advertised in the product’s listing.
3. Goods that you purchase from our site (including Seller goods) may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by petacular.com.au, and rights you may have in relation to those warranties are separate to any warranty rights given to you by petacular.com.au. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
Dispute Resolution – third party Seller goods
1. If you wish to raise a dispute with us concerning goods you have purchased from a third party Seller, please contact our Help Centre.
2. You must first have attempt to resolve your dispute with the Seller prior to us opening a dispute case. Once a dispute case is opened, we will collect relevant information from both you and the Seller concerning your dispute to make a determination.
3. We attempt to resolve disputes as quickly as possible. We rely on you and the Seller promptly providing all the information we need to resolve a dispute.
4. We will make a determination on your dispute in accordance with our standard refunds and returns policies.
Social Media and Content
1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law, we do not accept liability in this regard.
3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post or allow content to be posted through your account that:
  1. you do not have the right to post;
  2. is defamatory or in contempt of any legal or other proceedings;
  3. is misleading or deceptive;
  4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
  5. denounces religious or political beliefs;
  6. contains religious or political material;
  7. is indecent, obscene, vulgar, pornographic or offensive;
  8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
  9. contains any unsolicited or unauthorised advertising or promotional material;
  10. contains or links to viruses, malware, spyware or similar software; or
  11. impersonates any person or misrepresents your relationship with any person.
4. We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
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Intellectual Property
1. All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to petacular.com.au, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
3. You may not:
  1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
  2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
Transfer and Assignment
1. You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:

we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
we shall be entitled to assign the benefit of any agreements we have with you to the third party.

General
1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
2. This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
Privacy and Personal information
1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.