Throughout the Terms of Service, the terms “we”, “us”, “our” and “Doggy Therapy” means Trustee for Davis Family Trust, trading as Doggy Therapy (ABN 94 425 731 349). By purchasing from us you engage our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available on our website. We reserve the right to update, change or replace any part of these Terms of Service. Current Terms of Service are available on our website (https://www.doggytherapy.com.au/wholesale-terms).
Material Safety Data Sheets
Safety Data Sheets are available on our website (https://www.doggytherapy.com.au/forms) and have been developed according to Safe Work Australia and National Occupation Health and Safety Commission guidelines. Every effort has been made to ensure that the information contained therein is reliable and offered in good faith. They are intended to describe the safety requirements of the related products and should not be construed as guaranteeing specific properties. You are encouraged to conduct your own tests. Doggy Therapy accepts no liability for loss, injury or damage arising from reliance upon the information contained in the safety data sheets, except in conjunction with the proper use of the product.
Prices for our products are subject to change, we reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Errors, Inaccuracies and Omissions
Occasionally, there may be information provided that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information provided is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information provided, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the information provided should be taken to indicate that all information that has been provided has been modified or updated.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; or (g) for any obscene or immoral purpose. We reserve the right to terminate your wholesale arrangement for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Doggy Therapy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Doggy Therapy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You assume all risk and liability for the results obtained by the use of any products, whether in terms of operating costs, physical health and well-being, general effectiveness, or success or failure, and regardless of any oral or written statements made by Doggy Therapy, by way of advice or otherwise, related to the use of the items.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland and the Commonwealth of Australia and the parties submit themselves to the exclusive jurisdiction of the Courts of those jurisdictions and those that have jurisdiction to hear any appeals from them.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to all or part of our Services.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Payment / Manufacture of Products
You will be invoiced upon receipt of your order. We will only manufacture and/or ship products once full payment has been received. You acknowledge that your order, depending on quantity, may take up to four (4) weeks to manufacture and complete in full and excludes the lead time of our suppliers, as Doggy Therapy products are made to order.
Although Doggy Therapy strives to meet estimated shipping and/or delivery dates, Doggy Therapy does not warrant or guarantee any shipping/delivery date or time frame. Doggy Therapy will use commercially reasonable efforts, subject to availability, to ship Products within three (3) business days from completion of manufacture. If Doggy Therapy is unable to ship the Products within said three (3) business days, Doggy Therapy shall notify you, including any information on a revised shipping date. You acknowledge and agree that Doggy Therapy may, in its sole discretion, make partial shipments of Products to you, staggered over time, without penalty or liability.
Acceptance of Products, Returns and Refunds
You agree that you shall inspect Products within two (2) business days of receipt of the Products (“Inspection Period”) and either accept or reject such Products; you shall be considered to have accepted any Product whether the product has been unpacked or not within the Inspection Period. You acknowledge and agree that you will be deemed to have accepted your delivery unless you notify Doggy Therapy in writing of any damage or breakage during transportation within the Inspection Period and furnish such written evidence or other documentation as reasonably required by Doggy Therapy. If you notify Doggy Therapy of any damage or breakage during the Inspection Period, Doggy Therapy shall determine, in our sole discretion, whether you, shall be reimbursed for such damage or breakage.
Passage of Title
The right, title and interest in and to any Product you purchase, along with the risk of and responsibility for any loss, damage, and/or destruction as to any Product shall pass to you upon delivery, regardless of any conflicting freight terms between you and Doggy Therapy and/or its Affiliates, whenever and however established. You need to inform us within the Inspection Period of any claims, disputes, controversies, and/or causes of action for loss or damage in transit, and Doggy Therapy shall take such claims, disputes, controversies, and/or causes of action against the carrier.
Questions about the Terms of Service should be sent to us at hi@DoggyTherapy.com.au.