Terms of Use

Terms of Use

The Luv A Pet website www.luvapet.com.au is operated by Luv A Pet ("we" or "Luv A Pet") (ABN 48 259 439 115). The Luv A Pet website will be collectively referred to as Luv A Pet in these terms. Your access to and use of Luv A Pet is subject to these terms, Luv A Pet's Privacy Policy and the Luv A Pet ("Terms of Use"), whether or not you become a client of Luv A Pet. Prior to using Luv A Pet, you should read and understand the Terms of Use. Unless expressly stated otherwise in these terms, Luv A Pet is for residents of Australia & New Zealand only. 


This Site


1 What you must do 

1.1 you must use Luv A Pet in accordance with the Terms of Use. 


2 What you must not do 

2.1 you must not: 

a. use Luv A Pet for any activities, or post or transmit to or via Luv A Pet any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes; 

b. use Luv A Pet in a way, or post to or transmit to or via Luv A Pet any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying Luv A Pet; 

c. use Luv A Pet to send unsolicited commercial or bulk electronic mail messages to anyone; 

d. make any fraudulent or speculative enquiries, bookings, reservations or requests using Luv A Pet; 

e. provide false information when registering or changing your Luv A Pet registration details; 

f. impersonate another person when using Luv A Pet; 

g. post to or transmit to or via Luv A Pet any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings; 

h. tamper with, hinder the operation of or make unauthorised modifications to Luv A Pet; 

i. knowingly transmit any virus or other disabling feature to or via Luv A Pet; and 

j. Attempt any of the above acts or permit another person to do any of the above acts. 


3 Third Party Content & Linked Sites

3.1 Some of the products and services offered and the information provided via Luv A Pet are the products, services and information of third parties. 

3.2 Some third party products, services and information are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier. 

3.3 We have made every effort to check the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via Luv A Pet. You should check with the third party supplier whether there are additional charges and terms which may apply. 

3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on Luv A Pet or accessible through a hyperlink, phone or email by Luv A Pet. You acknowledge and consent to us receiving the fees. 


4 Prices and products and services are subject to change 

4.1 All prices displayed and products and services offered for supply on or via Luv A Pet are subject to change without notice. You should check the price of a product or service before placing an order for it. 


5 Online Services 

5.1 we will take reasonable steps to prevent you from receiving an Email message that we identify as containing a virus that we know about. We do not, however, guarantee that you will not receive an Email message with a virus. We recommend that you use up-to-date anti-virus software on the computer that you use to access buyer alerts. 

5.4 We will take reasonable steps to prevent you from receiving an Email message that we identify as an unsolicited commercial or bulk mail message (commonly called "Spam"). We do not, however, guarantee that you will not receive an unsolicited commercial or bulk Email message. 

5.5 You are responsible for all equipment and software used to access the site, and for the consequences of any filtering or other application you choose to apply to the Luv A Pet service. 


6 Security 

6.1. In addition to the types of loss set out in clauses 9.3 and 9.4 for which we are not responsible, we are not responsible for any information you may lose if the Luv A Pet servers terminate your browser session due to prolonged periods of inactivity between your browser and the Luv A Pet servers. 

6.2 You must comply with all directions issued by Luv A Pet relating to access to Luv A Pet. Luv A Pet is not responsible for providing the computer, hardware, software or any other equipment necessary to access the Internet. If you choose to use a workplace email address to access Luv A Pet, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace. 

6.3 Luv A Pet is entitled to rely on your accuracy of information provided as proof of your identity and authority for the purposes of Luv A Pet (including, for example, for the purpose of making payments to Luv A Pet using your credit card details, and for the purpose of nominating or email addresses to which Luv A Pet may send billing and payment information relating to your Luv A Pet accounts). 

6.4 We will take reasonable steps to secure Luv A Pet and the systems in our control that are used to access Luv A Pet. However, the Internet is sometimes unreliable and is a difficult medium to secure. Luv A Pet does not guarantee the security of Luv A Pet or the systems (including the Internet and your hardware and software) used to access Luv A Pet, or any information that passes through such systems. 


7 Privacy 

7.1 Luv A Pet may use and provide personal information about you that is collected by Luv A Pet on Luv A Pet. The collection and provision of this information is subject to privacy laws. Luv A Pet will comply with the Luv A Pet Privacy Statement in dealing with any personal information provided by you via Luv A Pet. 

7.2 We offer you the ability to access personal information under the Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of the Authorising Person, as authorised by the Authorising Person. 

7.3 To avoid doubt: 

a. By requesting via Luv A Pet that Luv A Pet send billing and payment information to a person's email address or phone number, you authorise Luv A Pet to disclose to that person your personal information, in each case including information related to your Luv A Pet billings and payments. 


8 Bill Payment Requests 

8.1 if you request via Luv A Pet that Luv A Pet send billing and payment information to a person's email address; you nominate that person as your agent for the purpose of receiving Luv A Pet billing and payment information. 


9 Our liability to you 

9.1 given the nature of the Internet, we cannot guarantee that Luv A Pet will always be available or fault or virus free. 

9.2 Subject to clauses 9.3 to 9.6, we accept our liability to you for breach of contract or negligence under principles applied by the courts. 

9.3We are not responsible for: 

a. loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment; 

b. loss of data or loss of profits or revenue; and 

c. any loss to the extent that it is caused by you, for example, through your negligence or breach of contract. 

9.4 We do not accept liability for losses that result from the use of our online services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under legislation. 

9.5 You must take reasonable steps to minimise the extent of the loss you may suffer as a result of Luv A Pet. For example, you should take reasonable steps to ensure that you will not suffer loss if any of our online services is not always available by, for example, maintaining an alternative email service. 

9.6 You must notify us in writing of your loss as soon as is reasonably possible. 


10 Your liability to us 

10.1 Subject to clause 10.2, you are liable to us for breach of contract or negligence under the principles applied by the courts. 

10.2 You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract. 


11 Change of the Terms of Use 

11.1 we may change the Terms of Use by obtaining your consent or giving notice to you in accordance with this clause 11 and clause 13.2. The period of notice we will give you depends on the type of change. 

11.2 If the change will benefit you, we can make the change immediately and we are not required to notify you prior to the change. 11.3 If the change has a detrimental impact on you but is: 

a. required by law; 

b. necessary for security reasons; 

c. to prevent fraud; or 

d. for technical or infrastructure reasons, we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you 3 days prior notice but we will give you as much notice as we reasonably can. Notice may be provided to you in the manner set out in clause 13.2. 

11.4 If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using Luv A Pet or on a specific class of customers who use Luv A Pet in a particular way (and you are one of this class), and the change is not of a type described under clause 11.3, we will give you at least 30 days' prior notice of the change. 

11.5 If the change is not of a type described in clause 11.2, 11.3 or 11.4, we will give you at least 10 days' prior notice of the change. 

11.6 If we change the Terms of Use under this clause 11, you may choose to stop using Luv A Pet. Any use of Luv A Pet after a change of the Terms of Use takes effect will be governed by the varied Terms of Use. 

11.7 We do not have to notify you if we make changes to the Luv A Pet website. 


12 Termination 

12.1 you may stop using Luv A Pet at any time, for any reason. 

12.2 We may stop making Luv A Pet, or a part of Luv A Pet, available with 30 days' prior notice. Notice may be given in the manner set out in clause 13.2. 

12.3 We may immediately suspend, terminate or limit your access to Luv A Pet if: 

a. you are in breach of the Terms of Use and (i) the breach is something which cannot be remedied, or (ii) you fail to remedy the breach within 30 days' of our written notice to you of that breach; 

b. we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to Luv A Pet; 

c. the law requires us to do so; 

d. we believe on reasonable grounds that providing access to Luv A Pet to you is illegal or may become illegal; 

e. the Australian Competition and Consumer Commission issues a competition notice relating to Luv A Pet or we believe on reasonable grounds that it will do so; or 

f. there is an emergency. 

12.4 If you enter a contract for the supply of goods and/or services via Luv A Pet, that contract will not be affected if Luv A Pet stops making Luv A Pet or part of Luv A Pet available to you, unless the goods and/or services are supplied via Luv A Pet. 


13 Communication with you 

13.1 As part of some Luv A Pet services available via Luv A Pet, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do this (except as set out in clause 13.2), the following will apply: 

a. you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages; and 

b. You must notify Luv A Pet as soon as possible of any changes to your contact details for the online service/s using the online method provided by Luv A Pet. 

13.2 Despite clause 13.1, for the purposes of clauses 11 and 12.2, we will give you notice by: 

a. Posting the content of the notice to Luv A Pet site. 

13.3 From time to time, in addition to giving you notice in the way required of us by clause 13.1 or 13.2, we may choose to also give you notice by another method. If we give you such additional notice, you should not presume that we will do this every time. 


14 Use of your information and material 

14.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via Luv A Pet, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement. 


15 Goods and Services Tax 

15.1 If GST is imposed on any supply made by us through Luv A Pet, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise. 


16. General Matters 

16.1 this agreement is governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning this agreement. 

16.2 If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force. 

16.3 If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches. 

16.4 You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold. 


17 Specific disclaimers 

17.1 Luv A Pet “Luv A Pet” Luv A Pet text, photos, graphics, audio and video works are only for the Permitted Use and must not, directly, or indirectly, be published, rewritten for broadcast, communication or publication or redistributed in any medium. Such Luv A Pet materials and works must not be stored in any electronic or other system except for the Permitted Use. Neither the User nor any other person may hold Luv A Pet liable for any delays, inaccuracies, errors or omissions in respect of such materials and works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing. 

17.2 Luv A Pet this is the "Luv A Pet" service with content provided by Luv A Pet. Luv A Pet reserves all rights, including copyright, in services provided by it. The information, text and images in the service are for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of Luv A Pet. This service is published for information only without assuming a duty of care. Luv A Pet is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of the information or images contained in this service. Luv A Pet is not liable for errors, omissions in, delays or interruptions to or cessation of the services through negligence or otherwise. All rights reserved.