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GoGetMe Terms and Conditions and Use of Service

Welcome to the GoGetMe Australia Pty Ltd website. We have made every effort to design this website to be useful, informative, helpful, honest and fun.  Hopefully we’ve accomplished that and ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. If you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be.  Your continued use of our website means that you accept those changes.

References to ‘we’ us or ‘our’ are references to GoGetMe Australia Pty Ltd ABN of 202/254 Bay Road, Sandringham Vic 3191 and its subsidiaries, associates and officers unless otherwise stated.

Thanks again for visiting.

Restrictions on Use of Our Online Materials

All Online Materials on our website, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by GoGetMe Australia Pty Ltd. You may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on our website. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Registration and Membership

To use some of the services or features made available on our website including to start your monthly subscription you’ll need to register as a member of our community on our website. In doing so you will be required to provide personal information about yourself  including your name, shipping address, billing information, email address  and chosen password to create your login profile. You are responsible for ensuring this information is true, accurate and complete in all respects. You are also responsible for keeping this information current through your account on our website.  All such information provided by you is subject to our Privacy Policy which is available on our website.

As a registered member of our community and user of our services, you agree to receive emails promoting our products and services and special offers including from third parties associated with us.

Subscription Service

Subscription to our service entitles you to delivery of a monthly package comprised of a selection of goods for your dog. These may include toys, treats and other food stuffs, hygiene and health related products and other canine-related items (“Goods”). Each month of your subscription, the selection of Goods will change and we do not guarantee that Goods available in one month will be available in any later month.

Billing and Payments

By completing a subscription order on our website you agree to pay the subscription charge relevant to that order in full before dispatch of any Goods. Your subscription will auto-renew on the anniversary of the subscription. You will need to cancel the subscription prior to the auto-renewal date if you no longer wish to subscribe to our service.

We use a third party payment service rather than directly process your credit card information. By giving us your credit card information you agree to our storing and processing this with our chosen third party payment service and acknowledge and agree that we will not be responsible for any failure by the third party to properly protect such information.

Risk, Title and Shipping

All title and ownership to subscription packages and Goods ordered by you will pass to you when you have paid for them in full and we have dispatched them to the delivery or mailing service used by us. Unless otherwise stated, all shipping and handling fees in respect of your monthly subscription are included in your subscription price. Shipping dates and arrival times are estimates only. Replacement of packages or Goods or credits to your account for shipped packages or Goods claimed as not received is in our sole discretion and repeated claims of undelivered packages or not received Goods may result in cancellation of your membership and subscription.

Refunds, Returns and Exchanges

We ask you to take care when ordering subscription packages and/or Goods as we do not refund or exchange for change of heart or unforeseeable delays. Returns are accepted for broken or defective Goods only. It is your responsibility to check all Goods upon their receipt, including any delivered directly to a third party. If Goods are broken or defective, please contact us immediately and we will organize to replace the Goods or if a replacement is not possible, we will give you in our sole discretion either a refund or a credit to your account. All claims in respect of broken or defective Goods must be made within 30 days of the date of your purchase.

Cancellation

We hope you find our services to be useful, informative, helpful, honest and fun. We also hope that you and your dog love the subscription packages and Goods we deliver to you. If you wish to cancel your subscription you can do so through your Account on our website or by emailing us at PPA@gogetme.com.au. To cancel your current month’s subscription you must do so through your Account or by emailing us by the 15th day of the month. If you do not cancel on or before the 15th of the month you will be charged for that month’s subscription package. Any cancellation request received after the 15th of the month will apply to the following month.

We may terminate your subscription without notice and at our sole discretion if we believe you have breached these Terms and Conditions or if we consider in our sole discretion that your Account has become inactive.

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, images  or other information that you send to us through our website including  through any on-line discussion forum or chat room other than information we promise to protect under our Privacy Policy becomes and remains our property, even if this agreement is later terminated.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas or images you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability

In no event will we or our Officers, Directors or employees be liable to you for any injury or direct, indirect, consequential or exemplary damages (including but not limited to damages for loss of profits, loss of data or cost of obtaining substitute Goods or services) arising out or caused by

  • Use of (or inability to use) our website
  • Use of (or inability to use) any site to which you hyperlink from our website
  • Failure of our website to perform in the manner expected or desired
  • Error or omission on our website
  • Interruption of availability of our website
  • Defect on our website
  • Delay in operation or transmission of our website
  • Computer virus or line failure on our website
  • Unauthorized access to or misuse of our website or any information set out therein

We are not liable even if we have been negligent or if we have been advised of the possibility of such injury or damages or both.

Exception: Certain Federal and/or State laws may not allow us to limit or exclude liability for incidental or consequential damages. In these circumstances the above limitation of liability may not apply and you might have the right to recover these types of damages.

However, in any event our liability for all losses, damages, injuries and claims of any and every kind (whether the damages are claimed under the terms of a contract or claimed to be caused by negligence or other wrongful conduct or claimed on some other legal basis) shall not exceed the amount you paid to us in the preceding calendar month.

Disclaimer of Warranty

It is your sole responsibility to determine if any and all of the Goods supplied by us are suitable for the use or consumption of your dog. Except as expressly provided herein, all Goods supplied by us and all Online Materials on or accessible from our website including, but not limited to, text, software, images, photos, illustrations, audio clips, video clips, and other information are supplied/provided “As is” without warranty of any kind either express or implied including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We also do not provide any assurances or warranties regarding allergies or adverse reactions to Goods supplied by us.

We will not in any circumstance or event be liable for any injury, loss or damage caused by the use or consumption of Goods supplied by us by your dog, you or any other person.

Exception: Certain Federal and/or State laws may not allow us to limit or exclude certain warranties. In these circumstances the above disclaimer of warranty may not apply.

However, in any event you agree that your sole and exclusive remedy arising from or relating in any way to the use, consumption, merchantability and/or fitness for purpose of any Goods supplied by us shall be replacement of the Goods or at our sole discretion a refund or a credit to your account of an amount not exceeding the amount you paid to us in the preceding calendar month.

Links to Other Sites

We sometimes provide referrals to and links to other websites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still on our website or have moved to another site. We are not responsible for the content or practices of third party sites that may be linked to our site. When we provide links or references to other websites, no inference or assumption should be made and no representation should be inferred that we are connected with, operate or control these websites or that they have our endorsement, sponsorship or support.

Jurisdiction

If you use our site from locations outside of Australia, you are responsible for compliance with any applicable local laws.

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Victoria, Australia as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate our or our affiliates' intellectual property rights, we and/or our affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Victoria, Australia, and you consent to exclusive jurisdiction and venue in such courts.

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Melbourne. Any costs and fees other than legal fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, you and we agree to submit the dispute to binding arbitration at the following location: Melbourne. Judgment upon the award rendered by the arbitration may be entered in any court of competent jurisdiction.

Severability

If any part of these Terms and Conditions is held to be unlawful, void or unenforceable, that part will be deemed to be severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us regarding all the matters referred to above.

Amendments to these Terms and Conditions

We may amend these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.

Additional Information

We’ll be happy to answer any questions you have about these Terms and Conditions. Please email us at PPA@gogetme.com.au