WEBSITE TERMS AND CONDITIONS
Welcome to That Cat Lady [ABN 18727409606] and www.thatcatlady.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time. We cannot guarantee it will always be available or secure.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of NSW and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing joy@thatcatlady.com.au. All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at joy@thatcatlady.com.au if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
OTHER
This Agreement is governed by the laws in NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
DEFINITIONS
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or damage means any loss or damage including, but not limited to any loss of salary, loss of data, personal injury, property damage or legal costs.
We, us, or our means That Cat Lady [ABN 18727409606] and includes any of our employees, agents, partners and contractors.
Products means any product available through our website, and includes any cat portraits, ladders, mats, dinner ware, loo kits and litter, toys and scratchers.
We, us, or our means That Cat Lady [ABN 18727409606] and includes any of our employees, agents, partners, and contractors.
Website and services means www.thatcatlady.com.au, and everything available on this website including, but not limited to, all Products.
ADDITIONAL TERMS OF SERVICE FOR BUYERS OF OUR PRODUCTS ONLINE
These Additional Terms of Service for Buyers (“Terms”) apply to all clients and customers, or all potential clients and customers of That Cat Lady [ABN 18727409606] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours. If you do not agree, you cannot purchase any of our Products online. We may change these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.
BEFORE PURCHASE
Things you must do before purchasing Products on our website
You must:
Acknowledgements you make when purchasing on our website
You acknowledge and agree that there may be:
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.
AFTER PURCHASE
Things you must do after purchasing on our website
You must:
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at joy@thatcatlady.com.au
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
We make deliveries at your option and your cost
We deliver Products purchased through our website to the areas that are published on our website. We will process your delivery upon receipt of payment, and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your selected delivery option. Any international customers are responsible for any custom and import duties.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Products are of acceptable quality, fit for purpose and match the description we provide on our website. You will have the right to have a Product repaired, replaced or refunded if it doesn’t meet a consumer guarantee. You also have the right to the reasonable costs of any return postage.
Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturer's or our instructions, where you fail to take reasonable care, where you fail to provide us with adequate information.
If we need to cancel your order we will provide a refund
Except as required by law, all sales for our Products are non-transferable and non-refundable. On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and sell Products at any time
We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Products.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Product.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these Terms of Service and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, animal injury, death, negligence, trespass, property damage and legal costs.
Products means any product available through our website, and includes any cat portraits, ladders, mats, dinner ware, loo kits and litter, toys and scratchers.
We, us, or our means That Cat Lady [ABN 18727409606] and includes any of our employees, agents, partners, and contractors.
Website and services means www.thatcatlady.com.au, and everything available on this website including, but not limited to, all Products.
ADDITIONAL TERMS OF SERVICE FOR CATSITTER CLIENTS
These Additional Terms of Service for Cat Sitter Clients (“Terms”) apply to all clients or all potential clients of That Cat Lady [ABN 18727409606] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours. If you do not agree, you cannot book our services. We may change these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.
CAT SITTING CLIENTS - WHEN BOOKING
Things you must do when making a Booking with us
You must provide all information required by us in order for us to perform the Services, this includes but is not limited to, all information required in our Booking Form and Questionnaire (“information”).
You represent and warrant that:
Acknowledgement you make when booking
You acknowledge and agree that you will allow us reasonable access to the Site (if required) to perform the Services. During the performance of the Services we will take and send you photos of your cat. You acknowledge and agree that the photos will be shared with you, but may also be used for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels. We retain rights under the Copyright Act 1968 and the right of reproduction either wholly or in part.
You acknowledge and agree that we may co-ordinate suppliers on your behalf, including veterinarian visits. You are responsible for all payments to those suppliers and must reimburse us on demand.
Fees
You agree that you will pay us Our Fees in full prior to the first day of the commencement of the Services via the published payment methods available. You must reimburse us immediately and on demand for any Additional Products and Services, and any late fees, incurred reasonably during the course of providing the Services.
Interest will be charged on any unpaid invoices at the rate of 11% per annum. Any legal collection fees that are incurred will be charged to you.
CAT SITTING SERVICES
We agree to:
If you or we need to make any changes to Services after they commence
After the first day of the Services, if you require any changes to the Services, or to add additional services, you must notify us as soon as possible, and we will notify you of any additional costs. We will also notify you as soon as possible if we need to vary the Services in any way.
Cancellations
You may cancel our Services at any time with 48 hours prior written notice. Any cancellations with less than 48 hours notice may be subject to a reasonable cancellation fee payable at our sole discretion. Where we need to cancel the services, we will provide a full refund.
Where we need to terminate this Agreement we will provide you with as much notice as we can.
Refunds
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer law including, but not limited to, consumer guarantees that the services are delivered within a reasonable time and with acceptable care and skill.
To the extent permitted by law, any refunds for the Services are at our absolute discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice. Where you return early, or require less cat sitting services, you acknowledge and agree that no refunds are provided after the commencement date, as we will have committed time and refused alternate bookings to accommodate you.
Please contact us by email at joy@thatcatlady.com.au if you are concerned that we have not complied with the Australian Consumer Law or if you want to request a refund. In the case of a dispute you agree to keep all communications confidential.
Things we’d love you to do after the cat sitting services
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at joy@thatcatlady.com.au
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Product.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
DEFINITIONS
Additional Products and Services means any cat products and supplies, or veterinarian services.
Agreement means these terms and conditions, and the Booking Form.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Booking Form means the booking form you fill in including the dates and times you require a cat sitter, details of your cat, and the Site where we need to attend. It also includes any medical conditions, pet behaviour, pet history, routines, and rules for your cat.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of salary, loss of enjoyment, personal injury, animal injury, animal disease, animal death, negligence, trespass, property damage and legal costs.
Our Fees means our cat sitting fees and fees for included services we specify on our booking form and may include services such as taking rubbish out, collecting post.
Products means any product available through our website, and includes any cat portraits, ladders, mats, dinner ware, loo kits and litter, toys and scratchers.
Site/ Location is further described in the Booking Form.
We, us, or our means That Cat Lady [ABN 18727409606] and includes any of our employees, agents, partners, and contractors.
Website and services means www.thatcatlady.com.au, and everything available on this website including, but not limited to, all cat sitting services and Products for sale.
Copyright © 2024 That Cat Lady - All Rights Reserved.
Powered by GoDaddy Website Builder
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.