WEBSITE TERMS AND CONDITIONS

Introduction

This website is operated by Von Forell Pty Ltd trading as Performadog and iPurr (Performadog and iPurr) (ABN 14128573693).

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Performadog and iPurr’s use of cookies in accordance with the terms of Performadog and iPurr’s privacy policy.

Use of this website

Unless otherwise stated, Performadog and iPurr and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website.
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Performadog and iPurr express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Performadog and iPurr express written consent. 

Privacy Policy

Performadog and iPurr takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Performadog and iPurr’s Privacy Policy.

General Disclaimer

You acknowledge that Performadog and iPurr does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Performadog and iPurr will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

(a)        all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these terms are excluded; and

(b)        Performadog and iPurr will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Restricted access

Access to certain areas of this website is restricted.  Performadog and iPurr reserves the right to restrict access to areas of this website, or indeed this entire website, at Performadog and iPurr discretion.

If Performadog and iPurr provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

Performadog and iPurr may disable your user ID and password in Performadog and iPurr sole discretion without notice or explanation.

Registration to Purchase Services

In order to access the Purchase Services, you may register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details).

You warrant that any information you give to Performadog and iPurr in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

Your Obligations as a Member

As a member, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:

(a)        the Terms;

(b)        any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c)        you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(d)        any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Performadog and iPurr of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e)        access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Performadog and iPurr providing the Purchase Services;

(f)        you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g)        you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Performadog and iPurr for any illegal or unauthorised use of the Website; and

(h)        you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited

Purchase of Products

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

Payment of the Purchase Price may be made through Paypal or the Commonwealth Bank. (the Payment Gateway Providers.)

In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by Performadog and iPurr, you will be issued with a receipt to confirm that the payment has been received and Performadog and iPurr may record your purchase details for future use.

Warranty

Performadog and iPurr offers a full palatability guarantee on every bad of food sold.  If your dog or cat doesn’t like the food, the uneaten portion is to be returned in the original bag, provided it is at least 80% full) together with a copy of the original invoice for a full refund or exchange.

Product Returns

Please post the food back to Performadog and iPurr Premium Foods, PO Box 372, Whittlesea. VIC. 3757 Australia.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Performadog and iPurr a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Performadog and iPurr the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Performadog and iPurr or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Performadog and iPurr reserves the right to edit or remove any material submitted to this website, or stored on Performadog and iPurr servers, or hosted or published upon this website.

Notwithstanding Performadog and iPurr rights under these terms and conditions in relation to user content, Performadog and iPurr does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Limitations of liability

Performadog and iPurr will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Performadog and iPurr has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Performadog and iPurr liability in respect of any:

  • death or personal injury caused by Performadog and iPurr negligence;
  • fraud or fraudulent misrepresentation on the part of Performadog and iPurr; or
  • matter which it would be illegal or unlawful for Performadog and iPurr to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Performadog and iPurr has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Performadog and iPurr officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Performadog and iPurr officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Performadog and iPurr.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You agree to indemnify Performadog and iPurr, its affiliates, employees, agents, contributors, third party content providers and licensors against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Performadog and iPurr to a third party in settlement of a claim or dispute on the advice of Performadog and iPurr legal advisers) incurred or suffered by Performadog and iPurr arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Performadog and iPurr other rights under these terms and conditions, if you breach these terms and conditions in any way, Performadog and iPurr may take such action as Performadog and iPurr deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Performadog and iPurr may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Performadog and iPurr may transfer, sub-contract or otherwise deal with Performadog and iPurr rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Performadog and iPurr in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Australian Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Performadog and iPurr details

Performadog and iPurr is registered in Victoria as Forell Pty Ltd trading as Performadog and iPurr, (ABN 14128573693).

You can contact Performadog and iPurr by email to:

sales@performadog.com.au

 

End of document.