Terms and
Conditions
Please take a few minutes to read
these terms and conditions before you order any goods
or services from this Web Site. These terms and conditions
govern the use of this Web Site and the purchases of any
goods or services from it. Should you have any questions
or wish to clarify the meaning of any of these terms and
conditions, please contact Catscat Pty Ltd here,
before you order any goods or services from this Web Site.
ACKNOWLEDGMENT
AND ACCEPTANCE OF TERMS
This Web Site is owned and operated by Catscat Pty Ltd (ACN
106609 054, ABN 7810 6609 054) addressed herein as "Catscat".
By accessing, browsing or using this Web Site, you agree
to these terms, conditions and disclaimers and acknowledge
that you have read and understood them. By purchasing any
goods from this Web Site, you expressly agree to be bound
by these terms and conditions. Catscat reserves the right
to make amendments at any time. Any amendment will be effective
immediately. Your continued use of this Web Site after any
amendment constitutes an agreement by you, to comply with
and be bound by the amended Terms and Conditions.
USER INFORMATION
All information provided by you when you place an order
with us, is referred to in these Terms and Conditions as
"User Information". When you provide any User
Information you are representing and warranting that all
of the information provided is true and correct and you
agree to indemnify Catscat for any losses, costs, expenses
or damages that Catscat may suffer if any of this information
is not correct.
You should also review the Privacy
Statement on this Web Site for further information concerning
our collection and usage of User Information. By sending
us your User Information, you agree to grant Catscat the
right to disclose aspects of your User Information as expressed
in the Catscat Privacy Statement. If any User Information
provided by you is incomplete or inaccurate or you attempt
to transmit any material of any kind to this Web Site which
contains a virus, malicious computer code or another harmful
component or you otherwise attempt to alter any of the content
of this Web Site, or you are otherwise in breach of these
Terms and Conditions, Catscat retains the right to terminate
your rights to purchase goods or services from this Web
Site and to prosecute you to the fullest extent of the law.
You acknowledge and consent to the disclosure by Catscat
to any law enforcement agency in any jurisdiction that is
investigating any breach or suspected breach of any law
in any jurisdiction of your identity or other information
provided by you to this Web Site, upon being requested to
do so by that law enforcement agency.
GENERAL ISSUES
The goods offered for sale by Catscat are only available
to individuals who can make legally binding contracts. The
goods are not available to persons under the age of 18 years
old and any other persons who are legally prohibited from
entering into binding contacts.
Any party engaging in illegal activities involving the use
of this Web Site will be subject to civil and criminal prosecution.
Catscat cannot guarantee that it will notice or be able
to prevent any illegal or inappropriate use of this Web
Site, nor can Catscat guarantee that it will give notice
of any illegal or inappropriate use of this Web Site.
ORDERING GOODS
Any order placed by you in the manner described in this
Web Site is an offer by you to purchase a particular good
for the price (including the delivery and other charges
specified in this Web Site) at the time you placed your
order. Catscat reserves the right to accept or reject your
offer for any reason, including without limitation, the
unavailability of any goods, an error in the price of the
goods description posted on this Web Site, or an error in
your order. There may be reasons why Catscat cannot fulfil
your order. Therefore, your contract with Catscat only comes
into existence when Catscat advises you by email that it
has accepted your order and receipt of your payment has
been confirmed. Once you place your order and full payment
is made, you agree that you are not entitled to withdraw
or modify your commitment made for the purchase of any goods
from this Web Site for any reason, including without limitation,
due to any delay in delivery.
PRICING
Prices of all Catscat goods, delivery and other charges
displayed on this Web Site are in Australian dollars and
are current at the time of issue, but may change at any
time and are subject to availability. The availability of
goods may change from time to time.
You are responsible for any taxes, duties or other liabilities
imposed by any government or agency, including without limitation,
any customs duty, goods and services taxes or any value
added tax imposed on any goods acquired or ordered by you
from this Web Site. The amount, if applicable to you, of
the Australian Goods and Services Tax to be imposed on any
particular good is clearly displayed with the price of the
good on the Web Site.
TITLE AND RISK
Catscat will retain title to the goods you order until you
have made payment in full for those goods, but all risk
in the goods will pass to you on dispatch from Catscat Pty
Ltd, Kenmore, Qld, Australia, 4069
DELIVERY
You should review the Catscat Delivery
Information contained on this Web Site for information
concerning delivery. The delivery times given in this Web
Site are indicative only. Catscat will not be liable for
any failure to observe these delivery times.
We will deliver your goods once payment has been made in
full. For credit card purchases, payment in full will occur
once authorisation of your credit card details is received
by us. For purchases made by cheque or money order (including
Intl. money orders), payment in full will occur once the
cheque/ order is cleared.
RETURNS
You should review the Catscat return information contained
on this Web Site. You agree to be bound by the terms of
the Catscat Return Policy (including use of the Returns
Form) and Catscat liability is limited as expressed
in that policy and these Terms and Conditions.
LINKS TO OTHER WEB SITES AND
ADVERTISING
This Web Site contains hyperlinks and other pointers to
Internet Web Sites operated by third parties. These linked
Web Sites are not under the control of Catscat, and Catscat
is not responsible for the contents of any linked Web Site
or any hyperlink contained in a link to a Web Site. Catscat
provides these hyperlinks to you as a convenience only,
and the inclusion of any link does not imply any endorsement
of the linked Web Site or its contents by Catscat. Your
use of any link to another Web Site is entirely at your
own risk.
DISCLAIMER AND LIMITATION OF
LIABILITY
The information contained in this Web Site is provided by
Catscat in good faith on an "as is" basis. The
information is believed to be accurate and current at the
date the information was placed at on this Web Site.
The Trade Practices Act 1974 (Cth) and similar State and
Territory Legislation in Australia may confer rights and
remedies on you in relation to the provision of goods or
services by Catscat which cannot be excluded, restricted
or modified ("non-excludable rights"). Catscat
does not exclude any of these non-excludable rights, but
does exclude all other conditions and warranties implied
by custom, law or statue.
Except as provided by the non-excludable rights, Catscat
itself, nor any of its directors, employees, agents or representatives
makes any representation or warranty as to the reliability,
accuracy or completeness of the information contained on
this Web Site and none of them except any responsibility
arising in any way (including negligence) for errors in,
or omissions from, the information contained on this Web
Site. Catscat makes no warranty that the Web Site or any
goods advertised on the Web Site will meet your requirements,
or that the Web Site will be uninterrupted or error free.
Information on this Web Site relating to goods and services
has been prepared in accordance with Australian law for
the supply of goods and services in Australia only. This
information may not satisfy the law of any other country.
To the extent that it does not satisfy the laws of the country
in which you reside or from which you are accessing this
Web Site, it is not directed at you and cannot be relied
upon by you and you are unable to order any goods from this
site. If you do, you agree to indemnify Catscat for any
losses, costs, expenses or damages Catscat may suffer as
a consequence.
Catscat will in no way be liable for any indirect, incidental,
special or consequential damages, resulting from your use
or your inability to use this Web Site, or for the cost
of procurement of substitute goods or services, or resulting
from any services purchased or obtained or of any information
contained on this Web Site, including but not limited to
damages for loss of profits, use, data or other intangible,
even if Catscat has been advised of the possibility of such
damages.
To the fullest extent permitted by law, Catscat liability
for breach of any implied warranty or condition which cannot
be excluded is limited at the option of Catscat to the following:
if the breach relates to goods:
the replacement of the goods or supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supply of the services again; or
the payment of the cost of having the services supplied
again.
RELEASE AND INDEMNITY
You waive, release, forgive, discharge and relinquish any
or all claims that you now have or may have against Catscat,
its directors, employees, agents and representatives which
are connected with, arise out of, relate to, or are incidental
to any transaction.
You agree to indemnify Catscat, its directors, employees,
agents and representatives harmless from and against any
and all claims, loss, damage, tax, liability and/or expense
that may be incurred by Catscat, its directors, employees,
agents and representatives arising out of or in connection
with the performance of its duty as described in the Terms
and Conditions including any legal costs, fees and expenses
of defending itself against any claim by any or all of the
parties to any transaction and/or by any other person and/or
as a result of you taking any action or refraining from
taking any action or instituting or defending any action
or legal proceeding.
You further agree to indemnify Catscat, its directors, employees,
agents and representatives from any claim or demand, including
reasonable legal costs, made by any third parties due to
or arising out of your use of this Web Site, any breach
of these Terms and Conditions by you, or the infringement
by you, or other user of this Web Site using your password,
or any intellectual property or other right of any person
or entity.
TERMINATION
Your ability to purchase goods and services from this Web
Site may be terminated at any time by Catscat without notice.
All restrictions, disclaimers and limitations of liability
by Catscat in these Terms and Conditions will survive termination.
Should you object to any of these Terms and Conditions (including
any subsequent amendments), you must immediately:
1. discontinue use of this Web Site;
and
2. if applicable, notify Catscat by email to terminate your
membership.
SECURITY
There are accepted codes of conduct in the banking industry
regarding your liability for fraudulent charges arising
from unauthorised use of your credit card. In the event
of unauthorised use of your credit card, you must notify
your credit card provider in accordance with its reporting
rules and procedures.
You are entirely responsible for any activities which occur
under your e-mail address. You agree to immediately notify
Catscat of any unauthorised use of your e-mail address or
any other breach of security that you may become aware of.
COPYRIGHT
Unless otherwise indicated, copyright in all information
and other materials on this Web Site is owned by Catscat.
All rights are reserved. This Web Site or any portion of
the Web Site may not be reproduced, duplicated, copy, sold,
resold or otherwise exploited for any commercial purpose
that is not expressly permitted by Catscat. You may download
a single copy of the information on this Web Site to use
it as a reference, and you may also keep a temporary copy
in your computer cache and make a single hard copy of that
information only. Except as permitted under the Copyright
Act 1968 (Cth) or other applicable laws, no part of the
information contained on this Web Site may be otherwise
reproduced, adapted, performed in public or transmitted
in any form by any process (including all forms of communications
to the public) without the specific prior written consent
of Catscat.
TRADE MARKS
"Catscat", is a registered trademark. All other
trade marks that may be displayed on this Web Site are trade
marks of the respective owners. Nothing contained on this
Web Site should be construed as granting any license or
right of use of any trade mark displayed on the site without
the express written permission of Catscat, or the relevant
third party owner. These trade marks may be available to
you to place on your Web Site as a hyperlink to this Web
Site, but only if you obtain the express written permission
of Catscat.
MISCELLANEOUS
These Terms and Conditions are governed by and are to be
construed in accordance with the laws of Queensland, Australia.
You irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the Courts of Queensland. If any provision
of these Terms and Conditions are found to be invalid or
unenforceable by a Court of law, such invalidity or unenforceability
will not affect the remainder of the Terms and Conditions
which will continue in full force and effect. All rights
not expressly granted in these Terms and Conditions are
reserved.
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