This Website is owned and operated by Centre for Animal Referral and Emergency Pty Ltd (ABN 60 159 827 200) (CARE).
In these Terms, “we” and “us” mean CARE, and “you” means you, the user or site visitor.
Access to and use of the Website and the information and services available through the Website are subject to the following Terms which may be updated by us from time to time.
- These are the terms on which CARE permits users to access and use the CARE website http://carevet.com.au/ (Website) including using the services and functionality made available through the Website, viewing content provided by CARE and third parties, communicating with CARE and reviewing information about CARE’s services.
- You agree to be bound by these Terms by:
- using, browsing or accessing any part of the Website; or
- registering as a user on the Website.
- If you do not agree to these Terms, you are not permitted to access and use this Website and you should immediately cease using this Website.
- CARE may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
- The Website is subject to change at any time without notice and may contain errors.
User registration and passwords
- You must be aged 18 years and over to register on the Website.
- You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform us if there is any change to this information or data.
- You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who accesses your account using the Password, as if they were your own acts and omissions. We will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify us against all loss, damage, claims, costs or demands in this regard.
- You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify us of any Password which is lost, inoperable or used in an unauthorised manner.
Content, information and availability
- CARE has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. CARE reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
- The Content on the Website is for information purposes only. CARE does not warrant or make any representations in relation to any third party services described or referred to on the Website. Any use of CARE Content or information by another person or organisation is at the user’s own risk.
- Whilst every effort is made to ensure the information provided on the Website is current, we have no responsibility or liability for any errors contained in the information. Inclusion of any product or service information on this Website is not an endorsement of any organisation, product or service.
- The Website may contain links to other web sites. CARE provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
- You are not permitted to frame or link the Website without CARE’s express written permission.
Access and communication
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), CARE does not warrant that you will have continuous access to the Website. CARE will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
- CARE does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and CARE does not guarantee the security or confidentiality of these communications or the security of the Website.
- CARE does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
- Details contained on the Website relating to information and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. CARE does not warrant that:
- the information or services available on this Website; or
- the Website and its Content, comply with the laws of any other country. It is your responsibility to determine whether the information or services comply with the laws of your jurisdiction.
- If you access and use this Website or its Content from outside Australia or transact on this Website you do so at your own risk.
Intellectual property rights
- All intellectual property rights, including copyright and patents, in the Website, CARE’s information and services, and all components of them are owned or licensed by CARE or any of its related entities. You must not copy, modify or transmit any part of the Website.
- The Website contains trademarks, logos, service names and trade names of CARE or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Website.
Website licence and use
CARE grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 9. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to CARE will be treated as non- confidential and non-proprietary information.
- Except as otherwise expressly permitted, in using the Website you must not:
- engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods;
- impersonate or falsely claim to represent a person or organisation;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
- post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
- Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
- CARE provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release CARE from all applicable liability and responsibility.
- Except as otherwise expressly permitted, in using the Website you must not:
Termination of your access to the Website
CARE may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
Disclaimer of warranties and limitation of liability
- To the full extent permitted by law, CARE excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the information and services listed or accessible on the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) CARE excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) CARE excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the information and services listed, accessible or made available on the Website.
You agree to fully indemnify CARE, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms by you;
- your access or use of the Website; or
- your communications with CARE or any other third party.
Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and CARE. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of CARE.
Last updated: November 2017