By accessing or otherwise using the materials you agree to all of the terms and conditions following.
1. These Terms and Conditions of Use explain our obligations to you, and your obligations to us, for all goods and services (“the Products”) provided to you by or through us including via this website www.allpets.co.nz its links, network or referrals (“‘the Site”).
2. The following words have the meanings defined below:
a) “us”, “we”, “our” or “the Company” refers to J C Domestic Services Limited trading as Allpets, its successors, assigns and its associated companies, subsidiaries, affiliates, representatives, agents and partners and includes its/their directors, employees, agents, licensees, invitees, contractors and all other persons under its/their control or direction;
b) “you” or “your” refers to you the user of the Site or the Products. You must be 18 or over and legally competent to enter into a contract failing which you must have the consent of a parent or guardian to use the Site and/or Products;
c) “Material” or “Materials” means both the Products and Site and includes associated software, links, information, opinions, blogs, get up, advertising, promotional information, activity, or anything contained, posted or otherwise available via the Site or concerning the Products, their get up, composition, labelling and packaging.
3. The wellbeing of your pet is our primary concern – IN NO EVENT WILL WE LEAVE YOUR PET AT RISK.
4. We have obligations under the Consumer Guarantees Act, the Fair Trading Act and other legislation including as it is updated or superseded from time to time and where we refer to limiting our liability to the extent permitted by law, we are referring to limiting our liability under that legislation as it might be interpreted by the Courts from time to time.
a) the Products we provide are generally charged in small amounts,
b) your only obligations to us are to pay us, to provide us with accurate information about your pet and your circumstances as they affect your pet; and
c) we are a small business:
While we have made reasonable efforts to ensure that the Materials are accurate, up to date and suitable for their intended purpose, to the extent permitted by law we accept no liability for any injury, loss, damage or other harm arising out of or through use of the Materials.
6. YOU ARE LIABLE FOR ALL COSTS AND CONSEQUENCES ARISING FROM YOUR USE OF THE MATERIALS
7. We generally only provide the Products in the Wellington region. We will not accept orders via the Site from outside of Wellington New Zealand. If you are based outside of Wellington New Zealand and wish to acquire the Products then please contact us using the contact information on the Site and we will consider whether we can be of help.
8. We may change this Agreement at any time.
9. We will post notices of changes to this Agreement on the Site. Our doing so and your continued use of the Materials constitutes notice and acceptance of any and all such changes.
10. We have the right to stop providing the Products at any time you do not pay us, if you abuse us, we consider it unsafe to your pet or to us to provide the Products.
11. AGAIN IN NO EVENT WILL WE LEAVE YOUR PET AT RISK.
12. In order to use the Materials you agree to:
a) provide accurate, current and complete information about you and your pet as may be required by us;
b) promptly tell us of any changes to the information we have sought from you; and
c) be fully responsible for all use of the Materials.
13. You may decide not to provide the information we require and you can notify us that you do not want us to use your information. In that event we may not be able to provide the Materials.
14. When you access the Site, the Site might automatically download cookies and other things including programmes designed to make accessing the Site more efficient or for our administrative purposes. You authorise the download of such material and access to your computer system by us via the Site including for the purposes of S252 of the Crimes Act 1961 and agree to hold us harmless from any consequences that might arise from such a download.
15. You agree that by accessing the Site you authorise us to contact you by email as we wish including to send you promotional or other marketing information. If you do not wish to receive such emails you can reply to the email with “unsubscribe me”.
16. You acknowledge and agree that:
a) We may collect and hold information about you and which might be obtained from you and others. It might also be obtained automatically from your computer or other communications technology. This information might include:
i. Your name, contact details, business information and other such personal information;
ii. Information about your pet including veterinary needs;
iii. Information about your use of the Materials.
iv. The IP address of your machine when connecting to the Site;
v. The domain name from which you are accessing the Internet;
vi. The operating system and browser your computer system uses;
vii. Any search engine you are using;
viii. The date and time of your visit and the pages that you view.
b) We collect and hold personal information:
i. to provide the Materials;
ii. to make the Materials more appealing to you and others;
iii. to create statistical data regarding the market for the Materials and other trends;
iv. to market the Materials.
17. We may use the information we collect and hold about you and may exchange information about you including for our benefit with ISP’s and other telecommunications providers, law enforcement agencies or other regulatory bodies, third party marketing, credit reporting and debt collection agencies without regard to any harm or consequences it might have for you and you agree not to take any action of any kind against us based directly or indirectly on such co-operation.
18. While we take your privacy seriously we do not guarantee it. You may obtain access to, and correct, any information held by us under the Privacy Act 1993 at any time by contacting us.
19. We might hold personal information we might collect about you for 7 years or as otherwise required by law (at our discretion whichever is the earlier) after you cease to use the Materials. However, it is not our intention to hold personal information for longer than necessary and we reserve the right to dispose of it securely without further discussion with you once it is no longer required by us or we are no longer required to hold it.
20. There is Intellectual Property (“IP”) in the Materials. Some of that IP is owned or licensed by third parties and we do not have the right to let you reproduce it. Other IP is owned by us.
21. To the extent we have the right to do so, we grant you a non-exclusive royalty free right to download print and use the Materials for your own personal non commercial use.
22. Use of the Materials for commercial gain or reward or that enables a third party to obtain a commercial gain or reward is not permitted and might lead to action against you by us or the holders of the IP rights in the Materials.
23. Other than the non exclusive right to access/use the Materials for their stated purpose, you are not granted any rights to any intellectual property or other rights in the Materials.
24. In no event will you use the Materials in any manner that is likely in our sole discretion:
a) To deceive or cause confusion, or
b) That might bring us into disrepute; or
c) That will undermine or harm the IP or that might otherwise cause us loss or other harm; or
d) That might be contrary to law or the requirements of any ISP, communications provider, or regulatory or law enforcement agency; or
e) That might cause offence, harm or loss to a third party.
Supply of Products
25. We supply the Products in each case on the following terms and conditions:
a) We provide both our own and third party Products we are authorised to resell.
b) We do not always stock Products and the delivery of Products ordered via the Site can be undertaken by the producer of the Products.
c) Once we have accepted an order for Products you will be liable for the full cost of the order and we are under no obligation to refund the cost of an order or any part of it because you change your mind or no longer wish to complete the purchase for any other reason.
d) Without limiting any other provisions of this Agreement it is a condition of ordering Products from us that:
i. You will only use the Products for their intended purpose;
ii. You are not relying on any opinion or other statement from us regarding the benefits or otherwise of the Products and are instead relying on your own investigations and judgement when deciding to purchase the Products;
iii. You recognise that we do not warrant that the Products will be useful or will achieve any desired outcome;
iv. The Products are provided to you on the basis of the limitations and qualifications on use and liability required by the producers or suppliers (including their insurers) of the Products, which limitations and qualifications are expressly incorporated for our benefit;
v. Because products can be sourced from third party producers, to the extent permitted by law our responsibility for supply ends when the order is accepted by the producer;
vi. We supply Products EXW (Incoterms 2010) which means our responsibility ends upon dispatch and all risk (including for theft, damage or destruction) in the Products passes to you once dispatched to you;
vii. While we might offer the opportunity to purchase insurance for the delivery of Products, to the extent permitted by law we do not accept any liability for any insurer’s refusal to accept insurance, pay a claim or any other problem you might have with such insurance;
viii. We do not guarantee or warrant the availability of the Products;
ix. Without limitation the Products may be temporarily or permanently unavailable from time to time;
x. Any failure to deliver is a matter between you and the carrier or if we are in any way liable for carriage our liability is limited to the maximum extent possible under the Carriage of Goods Act 1979; and
xi. To the extent permitted by law use of the Products is at your own risk and we are not responsible for any outcomes arising from use of the Products.
26. We can alter our costs at any time. We will endeavour to give you 7 (seven) days notice of such a change (but are not obliged to do so) by posting notices of changes on the Site or contacting you directly. Your continued use of the Materials constitutes notice and acceptance of any and all such changes. It is your responsibility to regularly check the Site to determine if there have been changes and to review such changes.
27. Because our charges are generally small amounts:
a) When ordering Products you agree to pay our charges in advance. Failure to make payment or if payment is reversed for any reason removes any obligation on our part to supply Products to you.
b) In the event an exchange rate fluctuation or other happening beyond our control (such as additional costs to us by third parties) causes an increase in the price of the Products you agree that we can pass on the increased cost to you and which you will pay.
c) In the unlikely event that you are extended credit by us for any reason, it is on the following terms:
i. You will pay interest at the rate of 2 percent per month on all outstanding balances from the date due for payment, all payments going first to interest and then principal (“Interest”), whether Interest is demanded or not unless otherwise agreed by us in writing and irrespective of whether we have previously not claimed Interest;
ii. You will pay all collection costs on a full indemnity basis and for the removal of any doubt but without limitation including as between solicitor and client, incurred by us to obtain payment and you shall pay Interest on such costs;
iii. You will pay Interest on any judgement sum awarded to us by any Court;
iv. Should you dispute any of our invoices raised you will make payment of that invoice and in the event that your dispute regarding the invoice is considered justified by us we will refund the payment or such part of it as we in our sole discretion consider appropriate.
28. You can cancel our Products provided that you give us 10 (ten) working days notice of your intent to do so. Cancellation does not relieve you of any liability for any costs you incur prior to cancellation.
29. Those provisions of this Agreement intended to survive termination (including all indemnities and limitations of liability in our favour, rights to payment and to recover monies owing, IP, privacy) will continue to apply to you.
30. We have the right to stop providing the Products at any time you do not pay us, in the event we in our sole discretion consider you abuse us, we consider it unsafe to your pet or to us to provide the Products or in order for us to comply with a third party complaint regarding you or your use of the Materials.
31. Otherwise we can end our commercial relationship upon 10 (ten) working days’ notice.
32. IN NO EVENT WILL WE LEAVE YOUR PET AT RISK.
General Terms and Conditions
33. You agree not to claim against us for any loss, cost or other harm that you might suffer as a consequence of our termination or refusal to provide the Materials.
34. Because our charges are generally for small amounts, without limiting any other provisions of this Agreement:
a) We do not warrant that the Materials are free from any form of virus, worm, spyware, or other malware;
b) To the extent that we have not otherwise done so, we do not represent or warrant that the Materials are accurate, complete, reliable, current or error-free, or suitable for any stated purpose although we have used our best endeavours to try and make them so;
c) You rely on, download, use or otherwise access the Materials at your own discretion and risk in all respects;
d) You will be solely responsible for any damages to your or any other property arising from your use of the Materials;
e) We cannot guarantee and do not promise any specific results from the Materials;
f) For the removal of doubt we are not responsible for Materials offered or provided through the Site by or the activity of users, clients or advertisers and any use is at your own risk in all respects to the fullest extent permitted by law;
g) Without limitation Materials may be temporarily unavailable from time to time for maintenance or other reasons;
h) We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, communications;
i) We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or hardware on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to users or to any other persons’ computer, mobile phone, or other hardware or software, related to or resulting from using or downloading the Materials;
j) Any links to or from the Site are utilised at your own risk in all respects;
k) The existence of a link with another web site or service does not constitute an endorsement by us of that website or service or that we agree or disagree with any Materials connected with such a website or service unless otherwise expressly stated;
l) We are not responsible for any loss, injury, claim, liability, or damage arising from use of or access to the Site and/or any website linked to the Site, whether from errors or omissions in the Materials or any linked websites, from this Site or any linked websites being down, or otherwise howsoever;
m) Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us;
n) We do not warrant that we monitor the Materials for compliance with this Agreement and therefore that the Materials do not breach this Agreement or are otherwise not objectionable on any grounds whatsoever;
o) You will not harvest or collect the email addresses or other personal information of other users from the Site by electronic or other means and nor will you use automated scripts to collect Material from or otherwise interact with the Site;
p) You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
q) You will not upload or attempt to upload Material onto the Site without our permission;
r) You will not attempt by act or omission to bring the Materials into disrepute;
s) We reserve the right to change the Materials at any time without notice;
t) We are not obliged to take any action in reply to a complaint, concern or other issue you have about anything to do with us or the Material;
u) Our decisions as between you and us shall be final; and
v) We shall be under no obligation to give reasons for or enter into any communication regarding any decision we make.
35. If your use of the Materials in some way leads to a claim against us then to the fullest extent permitted by law you indemnify and hold us harmless from and against our full legal, internal and other costs to pay, settle or otherwise deal with any claims, judgements or other actions taken against us. For the sake of clarity, our costs can include economic loss, damages, reparations, expenses settling any liability, claim or demand. This applies irrespective of whether we could have avoided the claim, judgement or other action in question.
General limitations of liability in relation to the supply of Products
36. We accept liability for any personal injury or loss or harm to property only to the extent it is illegal for us to exclude such liability. To the extent permitted by law our liability for all loss or harm is excluded absolutely, whether it arises from use or provision of the Materials or from these terms and conditions or otherwise. In the event we are found liable to you or anyone claiming through you (without accepting such a claim can be made) our liability is limited to the purchase price actually paid to us by you or NZ$100, whichever is the lesser. For the removal of doubt:
a) Where you are acquiring Products provided by or on behalf of us for business purposes, the provisions of the Consumer Guarantees Act 1993 imposing any liability upon us will not apply and we will not be responsible for (and you indemnify us against) any loss or harm including reparations, compensation, consequential damages, economic or financial loss, loss of profits or savings, loss of data, loss of funds or any other liability whether in law, contract, equity or tort arising directly or indirectly from use or the provision of the Products;
b) Representations and agreements not expressly set out or incorporated by reference shall not be binding upon us as conditions, warranties or otherwise;
c) All conditions and warranties (including without limitation warranties of title, merchantability, fitness for a particular purpose or non-infringement) whether express, imposed or implied by law are expressly excluded to the extent permissible by law;
d) This Agreement and any terms and/or conditions incorporated into this Agreement by reference form the whole of the agreement between the parties except as varied in writing signed by the parties or as permitted by this Agreement.
37. The Materials are intended only for users subject to New Zealand law and jurisdiction and we accept no responsibility for liability arising for any reason outside of New Zealand unless expressly assumed in writing by us.
38. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of New Zealand. Any action relating to this Agreement must be brought in New Zealand and you irrevocably consent to the jurisdiction of the New Zealand courts located in Wellington New Zealand.
39. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Products (“Submissions”), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Construction
40. Unless otherwise specified, the terms’ “includes”, “including”, “e.g.,”, “for example”, and other similar terms, are deemed to include the term “without limitation” immediately thereafter.
41. No provision shall be construed against us solely because we prepared these terms and conditions or because of the manner in which these terms and conditions are provided to users.
42. These terms and conditions constitute the entire agreement between you and us regarding the use of the Materials, superseding any prior agreements between you and us relating to the Materials.
43. Headings are for ease of reference and do not affect interpretation.
44. Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision in that or any other instance.
45. If any provision of these terms and conditions is held invalid, deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. The remainder of this Agreement shall continue in full force and effect.
46. By accessing or using the Materials you signify that you have read, understand and agree to be bound by these terms and conditions.
Providing peace of mind pet care! Personalised service from a qualified veterinary nurse.
Lambton Ward Eastern Ward Western Ward Southern Ward
ALLPETS - PET CARE WELLINGTON 108B Messines Road Karori, Wellington
Mobile: 027 255 7387 Email: [email protected]