Terms and Conditions of Use
1. About the Website
1.1. Welcome to https://marsgroomingproducts.com.au/ ('Website').Provision of grooming products (the Services).
1.2. The Website is operated by Mars Pet Grooming Products. Access to, and use of, the Website or any of its associated products or Services is provided by Mars Pet Grooming Products.
1.3. Mars Pet Grooming Products reserves the right to review and change any of the terms and conditions (‘Terms’) at its sole discretion. Mars Pet Grooming Products will use reasonable endeavours to provide you with notice of any changes it makes to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
Please carefully read the Terms. By using, browsing and/or reading the Website, this signifies you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
You can also accept the Terms by clicking to accept or agreeing to the Terms where this option is made available to you by Mars Pet Grooming Products in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, its content and all of the related products of Mars Pet Grooming Products are protected by copyright. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, blog articles, graphics, logos, button icons, video images, audio clips, scripts, design elements and interactive features) are owned and reserved by Mars Pet Grooming Products or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Mars Pet Grooming Products who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory for your own personal, non-commercial use; and
(c) print pages from the Website for your own personal, non-commercial use.
Mars Pet Grooming Products does not grant you any other rights whatsoever in relation to the Website or its content. All other rights are expressly reserved
by Mars Pet Grooming Products.
3.3. Mars Pet Grooming Products retains all intellectual property rights, title and interest in the Website and its related content. Nothing
you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
3.4. You may not, without the prior written permission of Mars Pet Grooming Products and the permission of any other relevant rights owners:
broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content
or third party content of the Website for any purpose, unless otherwise provided by these Terms.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law cannot be limited or excluded.
5.2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Mars Pet Grooming Products will not be liable for any loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms or use of the Website (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.
5.3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as
is" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of
Mars Pet Grooming Products make any express or implied representation or warranty about the content or any products or content referred to on the Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of Mars Pet Grooming Products; and
(d) the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
6.1. Mars Pet Grooming Products's total liability arising out of or in connection with the content or these Terms, however arising, including
under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the repair or replacement of the content,
or the payment of the cost of replacing or repairing the content to you.
6.2. Mars Pet Grooming Products, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill, business reputation or any other intangible loss.
6.3. Mars Pet Grooming Products holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing content to the Website and the Services.
7. Termination of Contract
7.1. If you want to terminate the Terms, you must do so by providing Mars Pet Grooming Products 7 days' notice via the 'Contact Us' link
on our homepage.
7.2. Mars Pet Grooming Products may at any time terminate the Terms with you if:
(a) you have breached any provision of the Terms;
(b) Mars Pet Grooming Products is required to do so by law;
(c) Mars Pet Grooming Products is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Mars Pet Grooming Products is in the opinion of Mars Pet Grooming Products no longer commercially viable.
7.3. Subject to local applicable laws, Mars Pet Grooming Products reserves the right to discontinue or cancel your membership (if applicable)
at any time and may suspend or deny your access to the Website or the Services if you breach any provision of the Terms or any applicable law
or if your conduct impacts Mars Pet Grooming Products's name or reputation or violates the rights of those of another party.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Mars Pet Grooming Products have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8.1. You hereby indemnify Mars Pet Grooming Products, its affiliates, employees, agents, contributors, third party content providers and
licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including legal fees on an indemnity basis) incurred,
suffered or arising out of or in connection with the content of the Website and the Services;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
9. Dispute Resolution
If a dispute arises out of the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms must give written notice (‘Notice’)
to the other party within 28 days of the date of the Dispute detailing the nature of the Dispute, the desired outcome and the action required
to resolve the Dispute.
On receipt of that Notice by the other party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(d) The mediation must be held in QLD.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential
and must be treated as "without prejudice".
9.5. Termination of Mediation:
If 14 days have elapsed after the start of a mediation and the Dispute has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so.
10. Governing Law
The Terms are governed by the laws of QLD. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in
any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws
11. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain
independent legal advice in relation to their contents.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of
the Terms shall remain in force.