WEBSITE TERMS OF SERVICE
This website is operated by Veterinary Providers Australia Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Veterinary Providers Australia Pty Ltd. Veterinary Providers Australia Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
These Terms are subject to English law.
All Applications are subject to acceptance by FleaMail.com.au who reserve the right to refuse to enter into Terms with you.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
You MUST be over 18 years of age to enter these Terms.
You MUST be a registered member of FleaMail.com.au.
Your Subscription may not be transferred either from Your Pet to another pet, or from you to a third party.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content 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.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
All delivery and billing addresses must be a physical property with an Australia Post recognised address.
Any delivery address that is a place of business or a company entity must have the name of the business included in the “Company” field. We cannot guarantee deliveries will be completed if no business identifier is entered.
All deliveries will be addressed to “Your Pets Names” and not to the owner. Owners will be included as a “C/o” or “Care of” the membership holder. This may affect “Redirected Mail” options with Australia post that a member has entered into and redirection cannot be guaranteed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Our veterinarians are all members of the Australian Veterinary Association we reserve the right to uphold their policies in regards to pet care.
All State and council laws must be adhered to in regards to animal health, cruelty, number of pets allowed by state and council as well as requirement of registration of all pets. Evidence of appropriate licenses, permits and registration may be sought buy FleaMail.com.au and their veterinarians in regards to these laws.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. 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 FleaMail.com.au, 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, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or 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.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless FleaMail.com.au 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.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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 our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
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 the State of Queensland, Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – USE OF YOUR PERSONAL DATA / INFORMATION
The main purpose for which we hold and use your personal data is to enable us to administer Your Subscription. We also use personal data for market research to improve our services to you and our other customers, to comply with legal obligations which we are subject to, to protect our interests and for fraud detection and prevention.
We operate strict procedures to ensure that your personal data is kept safe and secure with us and our appointed third parties, for the purpose of administering Your Subscription. Whilst administering your payments, we may receive and share personal data with:
– other relevant persons involved in dealing with your payments including The Veterinary Providers Australia Pty Ltd and any other data processors appointed by us in connection with the administration of your payments.
– persons appointed by you and/or under a Power of Attorney for a period of time, e.g. the pet’s owner when different to you.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@FleaMail.com.au.
Terms & Conditions of Subscription
These terms and conditions, your subscription application (“Application”) and the Flea Treatment Subscription Leaflet and Frequently Asked Questions. These Terms are important and we strongly advise that you read through them carefully and keep them in a safe place, so that you can refer to them in the future.
Veterinary Providers Australia provides administrative services and collects payments from you on behalf of FleaMail.com.au to pay for Your Subscription. Your contract is with Veterinary Providers Australia, and not with FleaMail.com.au.
If you change your mind and wish to cancel Your Subscription, you may do so by telling us within 14 days of the date of our acceptance of your Application. You may also use the My Account portal to cancel your subscription at any time. You can contact us either by logging in to My Account, or by email to info@FleaMail.com.au or by letter addressed to Veterinary Providers Australia Pty Ltd Po Box 662 Paddington Central 4064 if this cannot be achieved.
The Subscription Service
If your Application is accepted by FleaMail.com.au veterinarians Your Subscription entitles you to receive the monthly preventative flea treatment specified by you in the Application or a replacement preventative flea treatment as notified by FleaMail.com.au under these Terms (“Treatment”).
To ensure that the Treatment is safe and effective please note that it must be used strictly in accordance with the current instructions and warnings as detailed on the leaflet provided with your pet’s initial treatment.
Following receiving updated information about Your Pet/s:
FleaMail.com.au will notify you if it considers that the Treatment should be changed (including the change in fee payable) and you may cancel Your Subscription through the Member Portal. If you do not cancel within 14 days of the notification form you will be deemed to have accepted the changes notified. If the notification of change from us occurs less than 14 days before the date your next delivery is processed by Veterinary Providers Australia your next delivery may be the old Treatment and the new Treatment will be delivered with effect from the next month.
FleaMail.com.au may, if it considers it appropriate for the welfare of Your Pet, immediately cancel Your Subscription by notice in writing to you.
If Your Pet is sensitive or allergic to the products under Your Subscription, substitute products may be available. Please discuss Your Pet’s requirements with FleaMail.com.au and clause 4 will apply if FleaMail.com.au considers that the Treatment should be changed or cancelled.
Should FleaMail.com.au not be able to supply the Treatment in any month it shall notify you as soon as possible so for that month you can purchase the Treatment from another supplier. You will be refunded for any payment made by you for Treatment which is not supplied.
Any other treatments or products purchased from FleaMail.com.au are payable separately by you to FleaMail.com.au.
At the time of making your Application you will purchase the first Treatment of Your Subscription. Future monthly Treatments will be delivered (no charge for delivery) every 30 days to the address specified in your Application, the first delivery to be made 30 days after your Application Approval. If any Treatment is returned to FleaMail.com.au, FleaMail.com.au will notify you by email and Your Subscription will automatically be placed on hold and no further deliveries will be processed for dispatch until you resolve the problem through the Member Portal. FleaMail.com.au will also contact you in the event of a returned treatment delivery
If our supply of the Treatment is delayed by an event outside our control, then FleaMail.com.au will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. We will refund you for any Treatments not received by you.
The weight of Your Pet entered on your Application will be the weight used to determine the fee category Your Pet falls into, subject to any changes in accordance with clause 4(a). The fees to be paid for Your Subscription are as set out in the email accepting your Application or otherwise notified under this Agreement.
You will pay for the first month of Your Subscription at the time of making the Application and by entering into Your Subscription you are agreeing to pay future monthly payments by direct debit to The Veterinary Providers Australia Pty Ltd, the first of which will be requested approximately 30 days after Your Subscription is set up. The subsequent payments will be requested monthly on the same day of the month as the first direct debit payment.
If Your Subscription is cancelled for any reason you shall be liable to pay us for all Treatments Your Pet has received. If the cancellation of Your Subscription occurs before the Treatment for that month has left FleaMail.com.au for delivery to you, you will not be charged for that month. If it has already left FleaMail.com.au for delivery to you then you will be charged for that month, but not for future months.
If any of your payments are returned to us unpaid, we will inform you and attempt to collect the payment from you by Debit/Credit card. We will attempt to renew your subscription payment three (3) days from the original failed payment.
If one or more attempts to collect your payments are returned to us unpaid, or if you cancel your direct debit, we may immediately cancel Your Subscription.
You must pay the fees until Your Subscription is cancelled in accordance with this Agreement. We will not refund fees paid or payable by you except in the case of our administrative error or as otherwise provided in these Terms.
We reserve the right to suspend Your Subscription if you have any outstanding debt with FleaMail.com.au outside of Your Subscription that is more than 7 days overdue. If not already cancelled in accordance with the Terms, Your Subscription will be reactivated once payment of the debt is made in full.
Duration of Subscription and Cancellation
Your Subscription is an ongoing contract until it is cancelled in accordance with its Terms.
Variation of these Terms
FleaMail.com.au reserve the right to change the terms of Your Subscription by giving you 30 days written notice. If, before that 30 days’ notice from FleaMail.com.au has expired, you do not wish Your Subscription to continue, you may cancel it by giving FleaMail.com.au 30 days written notice. If you do not give notice by the time the FleaMail.com.au notice has expired, you will be deemed to have accepted the variation.
If your personal details change, you must notify FleaMail.com.au immediately.
If Your Pet is lost or deceased, you should notify FleaMail.com.au who will cancel Your Subscription and will not request any further payments except for any Treatments which were dispatched to you before cancellation.
You are responsible for ensuring the information you give us about Your Pet is accurate and up to date. We will endeavour to remind you to update us, but you should not rely solely on the reminder system.
Limitation of Liability
FleaMail.com.au will be responsible for any losses you suffer as a result of us breaching these Terms if the losses were reasonably foreseeable to both you and to us when you subscribed to the Subscription Services. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) nor will we be responsible for any indirect or consequential loss that is not reasonably foreseeable to both you and to us when you subscribed to the Subscription Services. FleaMail.com.au does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct. Subject to the proceeding sentence, our maximum liability to you will not exceed the amount of all subscription payments actually made by you during the course of your subscription. Payment must be made via direct debit. Veterinary Providers Australia administers the subscription service on FleaMail.com.au’s behalf. Therefore The Veterinary Providers Australia Terms and Conditions apply. See below.
If you have any cause for complaint connected with Your Subscription , please contact our customer services team on email at info@FleaMail.com.au or write to info@FleaMail.com.au or write to Veterinary Providers Australia Pty Ltd Members Po Box 662 Paddington Central 4064. Please provide your name, home address, details of Your Subscription, your phone number and email address.