Terms and Conditions
Your use of this site and the information available on this
site is subject to the following terms and conditions:
1. Ownership
1.1 This site www.rspca.org.au (Website) is owned and operated by RSPCA
Australia Inc. ABN 99 668 654 249 (RSPCA
Australia). Any right or benefit in these Terms and Conditions in favour of
RSCPA Australia is a right and benefit in favour of RSCPA Australia’s State,
Territory and regional member societies (Member
Societies).
2.
Terminology
2.1 In these terms and conditions, the expressions "we",
"us", and "our" are references to RSPCA Australia.
3.
Use of Website from outside Australia
3.1 The information on this Website (the Information) and the Terms and Conditions have been prepared in
accordance with Australian law. If you are residing in or accessing this
Website from a country other than Australia (the User Country) the Information and the Terms and Conditions may
not satisfy the laws of the User Country. Should the Information and the Terms
and Conditions satisfy the laws of the User Country, then you are entitled to
use the Website. In the event that the Information or the Terms and Conditions
do not satisfy the laws of the User Country, this Website is not intended for
your use, and you are not entitled to rely on the Information. If you do so,
you agree to indemnify us for any loss or damage which we may incur as a
consequence.
4.
Acceptance of Terms and Conditions
4.1 Your access and use of the Website is conditional upon your
acceptance and compliance with the terms, conditions, notices and disclaimers
contained in this document and elsewhere on the Website (known collectively as
the Terms and Conditions).
Your use of and/or continued access to the Website constitutes your agreement
to the Terms and Conditions.
4.2 We may amend the Terms and Conditions at any time by posting
the amended terms and conditions on the Website. The amended terms and
conditions will be effective immediately and you will be bound by the amended
terms and conditions from that time. This agreement may not be amended
otherwise. You should visit this page periodically to review the Terms and
Conditions. If you violate any Terms and Conditions your right to use and
access the Website automatically terminates.
5.
Restrictions on Use
5.1 The Website is available only for your personal and non-profit
use. We have the right to change or discontinue any feature of the Website
including the Material defined in clause 7, hours of availability and equipment
required for access. You may make a single hard copy of the Material. You may
not otherwise copy, reproduce, republish, frame, post, upload, distribute,
transmit or modify in any way all or any part of the material contained on this
Website, unless expressly provided for on the Website or expressly authorised
in writing by RSPCA Australia. You must not transmit or attempt to transmit any
data, code or other material of any kind to this Website which contains a virus
or other harmful component.
6.
Trade marks
6.1 All names, logos and trademarks are either our property or the
property of third parties who have contributed to the Website. Nothing on the
Website should be interpreted as granting any rights to use or distribute any
names, logos or trademarks, without our express written agreement or the
relevant contributor. Nothing displayed on the Website should be construed as
granting any licence or right to use any name, logo or trademark without our
express permission, or the relevant third party contributor.
7.
Copyright
7.1 The content of this Website, including all information such as
text, graphics, images and other material (Material), is protected by Australian and
international copyright law. You may download a single copy of the Material and
where necessary for reference purposes keep a temporary copy in your computer's
cache and make a single hard copy of the Material. You may make such other use
of the Material as is otherwise expressly authorised on the Website.
Unauthorised use of the Material may violate these copyright laws.
8.
No Representations
8.1 We make no representations about the accuracy, reliability,
completeness or timeliness of the Material. The Material may contain
inaccuracies or typographical errors. The use of the Website and the Material
is at your own risk. Changes are periodically made to the Website and may be
made at any time.
9. No Warranties
9.1 The Website and Material are provided on an as is basis without
any warranties of any kind. We disclaim all warranties to the fullest extent
permitted by law.
9.2 The Trade Practices Act 1974 (Cth) and all corresponding state
and territory legislation implies terms, conditions and warranties into some
contracts for the supply of goods and services and prohibits the exclusion,
restriction and modification of such terms (Prescribed Terms). Except as provided by the Prescribed Terms, all
warranties express or implied by law in any way relating to access to, or non
access to, the Website or the use of or reliance upon the Website or the
Material are excluded.
9.3 In addition, we do not warrant that the Website will operate
error free or that this Website and its servers are free of computer viruses
and other harmful data, code, components or other material. Nor do we warrant
that it will be able to prevent any illegal, harmful or inappropriate use,
modification or alteration of the Website, or will give notice of such use,
modification or alteration. If your use of the Website or the Material results
in the need for servicing or replacing equipment or data, we are not
responsible for those costs.
9.4 The Website and Materials provide general information which must not be relied upon or regarded as a substitute for specific professional advice, including veterinary advice. We make no warranties that the Website and Materials are accurate or suitable for a person’s unique circumstances and provide the Website and Materials on the basis that all persons accessing the Website responsibly assess the relevance and accuracy of its content.
10.
Limitation of Liability
10.1 Except as provided by the Prescribed Terms, neither we, our
officers, agents, contractors, volunteers and employees and our Members
Societies and their officers, agents, contractors, volunteers and employees, our
suppliers, or any third parties mentioned on the Website shall be liable for
any loss or damage whatsoever (including, without limitation, incidental and
consequential damages, lost profits, or damages) resulting from the use or
access to or inability to use and access the Website and the Material.
11.
Specific Warnings
11.1 You must ensure that your access to this Website is not
illegal or prohibited by laws which apply to you. You must take your own
precautions to ensure that the process which you employ for accessing this
Website does not expose you to the risk of viruses, malicious computer code or
other forms of interference which may damage your own computer system.
12.
Taxes
12.1 Certain taxes and government charges may be payable by you in
relation to your use of our Website or transactions on or in any way connected
with the Website. We will not indemnify you for any such taxes and other
government charges. Prices or charges on our Website include Goods and Services
Tax (GST),
if any.
13.
Internet Service Providers
13.1 If you are an internet service and/or access provider, you
must not use the Website in any manner or for any purpose which is unlawful or
in any manner which violates any of our rights or which is prohibited by the
Terms and Conditions.
14.
Hyperlinks
14.1 The Website contains hyperlinks and other pointers to internet
websites operated by third parties (Linked
Sites). The Linked Sites are not under our control and we are
not responsible for the content of any Linked Site or any hyperlink contained
in a Linked Site.
14.2 The inclusion of any link does not imply our endorsement of
the Linked Site. You link to any such Linked Site entirely at your own risk. We
exercise no control over the quality, safety or legality of the items
advertised or sold and statements made through any Linked Sites.
14.3 The material on any Linked Site, including product information
and prices, are the responsibility of the operator of the Linked Site. Any
information contained on a Linked Site may change without notice by the
operator of that website. We are not liable for the prices or price changes,
including where price changes have not been reflected on the relevant site.
14.4 Any purchases or dealings you have with a Linked Site are done
at your own risk. We are not a party to any transaction between you and a
Linked Site. Your use of a Linked Site is subject to the terms and conditions
of that site in addition to the Terms and Conditions of this Website. If there
is any inconsistency, to the extent of the inconsistency, the Terms and
Conditions of this Website prevail.
15.
Advertisements
15.1 The Website display of the price list is an advertisement made
by RSPCA Australia and/or its Member Societies.
15.2 The Website may contain embedded hyperlinks or referral
buttons to websites operated by third parties or their licensees or contractors
(Advertisers).
Clause 14 also applies to sites operated by Advertisers. Any claims by
Advertisers are not recommendations or endorsements by us.
16.
Disputes with Linked Sites and Advertisers
16.1 As we do not and cannot be involved in your interaction with
Linked Sites and Advertisers, in the event that you have a dispute with one or
more Linked Sites or Advertisers, to the extent permitted by law, you agree to
release us (and our officers, agents, contractors, volunteers and employees)
from liability for any claims, demands and damages (actual and consequential)
arising out of or in any way connected with such disputes.
17.
Termination
17.1 The Terms and Conditions are effective until terminated by us.
We may terminate this agreement and your access to the Website at any time
without notice. ln the event of termination, you are no longer authorised to
access the Website. All restrictions imposed on you, disclaimers and
limitations of liability set out in the Terms and Conditions will survive
termination.
18.
Governing Law
18.1 The Terms and Conditions are governed by and construed in
accordance with the laws of the Australian Capital Territory, Australia. You
irrevocably and unconditionally submit to the non-exclusive jurisdiction of the
courts of the Australian Capital Territory.
19.
Privacy Policy
19.1 We may collect Website visitors' contact information (like
their e-mail addresses). Unless you object, this information may be shared with
Member Societies and may be used:
(1) to send news, information
about our activities and general promotional material which we believe may be
useful to you;
(2) to monitor who is
accessing the Website or using services offered on the Website; and
(3) to profile the type of
people accessing the Website.
19.2 If you do not wish to have your personal information used in
this manner or for any other specific purpose, please email us accordingly.
19.3 The Website may utilise "cookies" which enable us to
monitor traffic patterns and to serve you more efficiently if you revisit the
site. A cookie does not identify you personally but it does identify your
computer. You can set your browser to notify you when you receive a cookie and
this will provide you with an opportunity to either accept or reject it in each
instance.
19.4 We may provide your personal information to Member Societies.
We will not sell or otherwise provide your personal information to a third
party, or make any other use of your personal information, for any purpose
which is not incidental to your use of this Website.
19.5 If you request
us not to use personal information in a particular manner or at all, we will
adopt all reasonable measures to observe your request but we may still use or
disclose that information if:
(1) we subsequently notify you
of the intended use or disclosure and you do not object to that use or
disclosure;
(2) we believe that the use or
disclosure is reasonably necessary to assist a law enforcement agency or an
agency responsible for government or public security in the performance of
their functions; or
(3) we are required by law to
disclose the information.
19.2 If you do not wish to have your personal information used in
this manner or for any other specific purpose, please email us accordingly.
19.6 We will preserve the content of any e-mail or other
communication you send us if we believe we have the legal requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting or
maintenance purposes or if any form of e-mail abuse is suspected.
19.7 In accordance with the National Privacy Principles, we will
not collect sensitive information about you (including information about your
health, racial or ethnic origin, political or religious beliefs, philosophical
beliefs, membership of professional or trade associations or unions, sexual
practices and criminal records) unless you have consented to this or unless we
believe we are required by law to do so.
19.8 Personal information which we collect (including your contact
details) is kept confidential to the best of our ability. You will appreciate,
however, that we cannot guarantee the security of transmission.
19.9 We consider that it is the responsibility of parents to
monitor their children's use of our Website. Nevertheless it is our policy not
to offer to send any promotional material to persons in that category.
19.10 You are entitled to have access to any personal information
relating to you which you have previously supplied to us over this Website. You
are entitled to edit or delete such information unless we are required by law
to retain it.
19.11 If you wish to comment on or query our privacy policy, or if
you wish to make an inquiry regarding any personal information relating to you
which may be in our possession, contact us by clicking here.
20.
Security of Information
20.1 Unfortunately, no data transmission over the Internet can be
guaranteed as totally secure. Whilst we strive to protect such information, we
do not warrant and cannot ensure the security of any information which you
transmit to us. Accordingly, any information which you transmit to us is
transmitted at your own risk. Nevertheless, once we receive your transmission,
we will take reasonable steps to preserve the security of such information.
21.
Indemnity Clause
21.1 You indemnify us including our officers, agents, contractors,
volunteers and employees (those
indemnified) regardless of any negligence on our part, against all losses,
liabilities, legal costs and other expenses incurred by those indemnified arising
directly or indirectly as a result of or in connections with the breach by you
of any provision of these Terms and Conditions or any wilful, unlawful or
negligent act by you in connection with the supply by RSPCA Australia or a Member
Society to you of, or use by you of, any product or service.
22.
Miscellaneous
22.1 If any provision of the Terms and Conditions is found to be
invalid or unenforceable by a court of law, such invalidity or unenforceability
will not affect the remainder of the Terms and Conditions which will continue
in full force and effect. All rights not expressly granted are reserved. This agreement
sets out the entire understanding and agreement between RSPCA Australia and you
with respect to the subject matter.