Terms and Conditions

Please read carefully before using this website

 

  1. Acceptance

This website is operated by Larrykin Enterprises Pty Ltd ACN 667 436697 (we, us, our) and the following applies to your use of this website including your purchase of any goods or services from the website and any other information or service we offer to you through newsletters competitions or other activities for which you subscribe to be involved (Member Benefits). By using this website and/or ordering goods or services from this website and/or receiving any Member Benefits you agree to accept these terms and conditions which you agree may be varied by us from time to time. If at any time you do not agree to be bound by the terms and conditions detailed on this website you must not continue to access, browse or use this website or continue receiving Member Benefits.

 

  1. Access

Access to this website is provided on an “as is” and “as available” basis and is designed and intended for use by Australian residents. We will not be liable if for any reason access is not available at any time or for any period. As information on this website can rapidly change we cannot guarantee its accuracy and we are not responsible if information made available on this website is not accurate, complete or current. Any reliance on the material on this website is at your own risk.

 

  1. Subscribing

If you subscribe to receive any Member Benefits you will be required to comply with such registration requirements as apply from time to time. Information provided by you must be true, accurate, current and complete in all respects. Any subscription you receive is personal to you and you may not authorise others to use it. You agree to keep any code, password or other security information provided to you by us confidential. You agree to advise us of any breach of security relating to your subscription as soon as is practicable after you become aware of it. We can cancel any subscription at any time in our discretion.

As a subscriber you consent to receiving offers, discounts, promotions, advertising and other information and communications we or our business partners provide you from time to time.

You acknowledge that we cannot guarantee that any transmission made using the internet, including the transmission of personal data, will be secure.

 

  1. Online Goods and Services

Certain goods or services may be available exclusively online through the website. We do not warrant that information relating to the goods and services available on the website such as descriptions, images or other content is accurate, complete or current. You acknowledge and agree that the goods and services are made available on the website expressly subject to our rights to:

  • Change the price of any goods or services or discontinue any goods or services at any time without notice;
  • Refuse, reject or cancel any order for goods or services for any reason including but not limited to unavailability, errors in pricing, incorrect imaging or product description, or any other error deemed applicable to an order;
  • Limit the sale of any goods or services to any person, geographic region or jurisdiction;
  • Limit the available quantity of any good or service for a particular person or order.

We shall not be liable to you or to any third-party for any change to the price of any goods or services, the unavailability of any goods or services or for the cancellation or rejection of any order. In the event that we change or cancel an order, we may attempt to notify you by contacting you using the contact information provided at the time of placing the order.

We shall not be liable to you or to any third-party for any illness injury death or other loss or damage occasioned by or related to the provision by us of goods or services to you. You acknowledge that our goods and services may contain allergens and that we recommend that you seek professional advice regarding the suitability of our goods and services for your pet before you purchase anything from us.

 

  1. Delivery

The risk of loss and title for any goods purchased from us pass to you upon our delivery to our carrier. If you elect to have goods delivered to an address whereby the goods may be accepted or signed for by a third party you accept all responsibility for location and recovery of the goods once the carrier has reported delivery to that address.

 

  1. Order Changes, Cancellations & Refunds

If you place an order for goods and need to alter the delivery destination after the order has been placed we require 48 hours’ notice (excluding non-working days, weekends and public holidays) prior to the goods being dispatched of the new delivery destination. We may not be able to accommodate requests for changes to the delivery destination made after this time. We are not responsible for covering any additional charges which result from changes to the delivery destination.

If you place an order for goods and subsequently wish to cancel the order, you must make a cancellation request via email and allow 48 hours’ (excluding non-working days, weekends and public holidays) for the email to be processed and the order cancelled. Where a refund request is made, we will consider each request on a case by case basis and arrange for a refund to be paid where we consider appropriate or when required to do so by law.

 

  1. Copyright and Intellectual Property

All materials and information on this website or contained in any Member Benefits are owned by or licensed to us. You must not in any form or by any means without our express written consent:

  • copy, adapt, reproduce, broadcast, distribute, download, display, print, post, transmit or create derivative works by any process (including graphic, electronic or mechanical) from any information or material on this website;
  • alter, modify or add to the information or material on this website;
  • use or apply the information or material on this website for commercial purposes.

If you contribute any information or material to this website or any Member Benefits you warrant and agree that such contributions:

  • are either owned by you or a third party who have given you express permission to make the contribution;
  • will not contain any material that is subject to third party intellectual property rights unless you have express permission from the rightful owner to make the contribution;
  • will become our property. You agree to assign or procure the assignment of all rights, title and interests in the contribution; and
  • will be deemed to be non-confidential in all respects and that we are free to use for any purpose at any time

We may remove any content from the website at any time and for any reason.

Any trade marks, brands and names appearing on this website are the property of the respective owners. You must not use or exploit them without the express written consent of the relevant owner.

 

  1. Third Party Content

This website may contain content, information or products which include materials from third parties (Third Party Content). We do not routinely monitor or review statements or representations in any Third Party Content and we do not accept any responsibility or liability for any Third Party Content.

Before taking or refraining from taking any action in reliance on information contained on this website you must make and rely on your own enquiries in relation to, and in evaluation of, the information contained on this website including where applicable reviewing the terms and conditions of transacting with any third parties.

 

  1. Links

If and when this website contains links to other websites not maintained or controlled by us (External Website) we make no endorsement, representation or warranty in relation to the same. If you choose to access an External Website you acknowledge the External Website is independent from us and this website and that we have no control over the External Website.

You agree to assume sole responsibility for the use of any External Website. We are not liable for any harm or damage related to the purchase or use of any goods, services, resources, content or any other transaction made in connection with any External Website.

 

  1. Viruses, Hacking and other Offences

We do not represent that any information or link obtained from through or via this website is free from computer viruses or other faults or defects. It is your responsibility to scan for computer viruses when using this website or links from it. We will not be liable to you or any other person for any loss or damage of any kind (including direct, indirect, consequential or economic) however caused which may result from any such information or your use of this website or any External Website. To the extent that any liability may be imposed on us the same shall, to the extent permitted by law, be limited to the cost of re-supplying the information.

You agree not to misuse this website for any unauthorised, illegal, criminal or tortious activity or knowingly introduce any virus, Trojans, worms, logic bombs or any other material of a malicious, harmful or corrupting nature. You further agree not to disrupt, interfere with, or seek to gain access to any services, system resources, accounts, servers or networks connected to or accessible through this website or any External Website.

 

  1. Privacy

We may collect your personal information through your use of this website and/or participation in any Member Benefits. Our Privacy Policy contained on this website explains how any personal information of yours we have access to will be treated. By providing us with personal information you agree to accept the terms of our Privacy Policy.

 

  1. Indemnity

You agree to indemnify and hold us and our directors, officers, employees, agents and contractors harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct in using this website, an External Website, by participating in any Member Benefits or your breaching these terms and conditions.

 

  1. Limitation of Liability

To the extent permitted by law we expressly disclaim any express or implied warranties or conditions of any kind in relation to information, materials or products accessible or available from this website or any Member Benefits, including but not limited to the merchantability and fitness for a particular purpose of any goods or services. We shall not be liable to you for any damage resulting from the use of any of the goods or services procured using this website or reliance upon any information or materials accessible from this website or any Member Benefits including without limitation special, indirect, consequential and incidental loss or damage for any reason including without limitation loss of profits, revenue, production, business interruption, opportunity, goodwill or reputation.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 or any other legislation which may not be excluded, restricted or modified by agreement.

 

  1. Termination

We may terminate your ability to access and use the website at any time in our sole discretion without notice to you. Without limiting the circumstances in which we may terminate your ability to access and use this website, we may do so if you breach any clause of these terms and conditions, use the website for any unlawful purpose, submit false or misleading information or produce content or information which we consider to be abusive, discriminatory or defamatory in any way.

You may terminate these terms and conditions by ceasing to access the website or by notifying us that you no longer wish to be bound by the terms and conditions.

Any obligations or liabilities incurred prior to termination shall survive the termination of these terms and conditions and you will remain liable for all amounts due up to and including the date of termination.

 

  1. Severability

If any of these terms and conditions are determined by our competent authority to be invalid, void, unlawful or unenforceable to any extent, such term, condition or provision will to such extent as may be possible and necessary be severed from the remaining terms and conditions which will continue to operate and remain valid and enforceable to the full extent permitted by law.

 

  1. Applicable Law

These terms and conditions shall be governed by, construed and enforced in accordance with the laws of the State of Victoria. You agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.

 

  1. Waiver

If we fail at any time to insist upon the strict performance of any of your obligations under these terms and conditions or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

  1. Contact Information

For any queries regarding these terms and conditions you should send us an email at hello@larrykintreats.com.au