USER AGREEMENT AND TERMS OF USE:

Welcome to petfish.com.au hereinafter referred to as the “Website”, “Site”, “We”, “Us”, and “Our”), owned and operated by Velran Family Trust (hereinafter referred to as “the business”) with Australian Business Number (ABN) 41565922029. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). 

BY USING THIS WEBSITE, Users (hereinafter referred to as “You” or “Your”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU OFFER, SELL AND BUY ANY LIVESTOCK, AND OTHER COMMODITIES OR SERVICES ON THIS WEBSITE YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS

Our website is an online digital platform wherein the business Pet Fish Australia lists its own livestock and other commodities as well as provides an opportunity to users who can offer, sell and buy livestock and other products or services at a variety of pricing and through various modes of sale. 

Vendors for this website must clearly set out their policy and terms applicable for sale of goods or services through their shop. All buyers should agree to vendor’s terms, delivery, refund, warranty and returns policy prior to purchase of any goods or services from their store.

Please read carefully the Terms, our Privacy Policy, Sale Terms, Conduct of Auction and Conditions of Sale, which are incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties. This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the “Terms of Use” link that appears at the bottom of the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

 

1. DEFINITIONS

Unless the context otherwise requires, the following expressions shall have the following meaning: 

 

1. “Access” means to enter the website and view or download any Data held on the website’s system;  
2. “As Is “ means  the buyer  will take the listing at his or her own risk, without recourse against the seller for their condition or performance.

 

 

3. “Auction” means a sale in which each Lot is sold to the highest bidder where the bid equals or exceeds the starting price, in accordance with the Conduct of Auction; 
4. “Aquarium Accessories” means any other goods listed in this website other than livestock.
5. “Business Day” means a day that is not a Saturday, Sunday or public holiday in Australia; 
6. “Bid Price” shall mean the highest amount quoted at auction as bid;
7. “Catalogue” means any document or record including any graphics, photographs or other media containing a Listing for a Lot for sale on our System; 
8. “Business” shall mean PET FISH AUSTRALIA
9. “Website” shall mean petfish.com.au which is an online platform wherein the PET FISH Australia’s, registered vendors and users of the website who depending on their level of registration  can offer, sell and buy Livestock and other commodities in a variety of pricing formats. 
10. “Registered users “mean anyone who is eligible to purchase product through this website which shall even include registered vendors as they are also allowed to purchase products listed on the website.
11. “Registered Vendors” means anyone who is approved as vendor  to list product in the website. 
12. “Enter” means to upload Data on the website’s system; 
13. “Force Majeure” means any event or circumstance beyond the reasonable control of the affected party and not attributable to the party’s own act, error, omission, fault or negligence, and which prevents the affected party’s performance of its obligations in accordance with the User Agreement or Sale Terms as applicable and includes war, strike, act of terrorism, riot, crime or an event commonly accepted as an act of God such as storm, flood or fire, also damages to the goods listed by vendor including death of live stock or health issues with them which make them not fit for sale   but does not include market supply or price variance to the Vendor’s Terms and Conditions at the time of Delivery, adverse seasonal conditions not physically preventing Delivery, mechanical failures, or delayed shipping; 
14. “Intellectual Property” means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s rights, trade secret, knowhow, right in relation to semiconductors, and circuit layouts, trade or business or company name, indication or source of appellation of origin or other proprietary rights, or right of registration of such rights. 
15. “Listing” means any Lot listed for sale on the website’s system on behalf of a Vendor;
16. “Listing Fee” means the applicable fee for the services provided by our website in connection with the website’s system as specified by website  from time to time; 
17. “Livestock” means live aquarium fish or any aquatic life including aquatic plants listed in the website
18. “Login Information” means the information required to log into the website platform, including, but not limited to username and password; 
19. “Lot” means any Livestock or other commodity listed for sale on the website by a Vendor; 
20. “Loss” means any loss of whatever nature including, without limitation, loss of contracts, loss of business, loss of revenue, loss of profits, loss of anticipated savings, loss of data, loss of goodwill or reputation, or any other special, indirect or consequential loss or damage whether arising under contract, statute, tort, in equity or at common law;  
21. “Purchaser” means a Purchaser of a Lot or other commodities listed on website.
22. “Privacy Policy” means the privacy policy of the website as amended or substituted from time to time available at petfish.com.au
23. “User” means anyone who wishes to participate on the website platform not limited to and including Vendors, bidders and Purchasers; 
24. “User Agreement” means the terms and conditions applicable to any person who Accesses or uses our system or website, including the annexures, exhibits, policies listed on our website;
25. “Vendor” means a vendor of a Lot that includes registered vendors as well as PET FISH AUSTRALIA on our system that has listed its lot for the purpose of selling the same through our website. 
26. INTERPRETATIONS

 

1. The official language of these terms shall be English. 
2. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation. 
3. a reference to a clause, schedule, annexure or party is a reference to a clause of, and a schedule, annexure or party for the purposes of this User Agreement and Sale Terms and references to “User Agreement” or “Sale Terms” includes any applicable schedules or annexures; 
4. if a word or phrase is defined, its other grammatical forms have a corresponding meaning; 
5. a reference to a document or agreement (including a reference to this User Agreement or Sale Terms) is to that document or agreement including this User Agreement or Sale Terms as amended, supplemented, varied or replaced from time to time; 
6. a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, consolidated, re-enacted or replaced, and includes any subordinate legislation issued under it; 
7. if any day on or by which a person must do something under this document is not a Business Day, then the person must do it on or by the next Business Day; except with regard to mis-description claims which are required to occur within 48 hours of receiving stock regardless of the day of the week; 
8. a reference to a person includes a corporation, trust, partnership, unincorporated body, government and local authority or agency, or other entity whether or not it comprises a separate legal entity; 
9. a reference to ‘month’ means calendar month; 
10. the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included; 
11. a reference to applicable law is to any relevant law (including any subordinate or delegated legislation or statutory instrument of any kind) of a jurisdiction in or out of Australia, and also to any relevant judgment, order, policy, guideline, official directive, code of conduct, authorization or request (even if it does not have the force of law) of any Government agency, competent authority or regulatory body, within or outside Australia; 
12. a singular word includes the plural and vice versa; 
13. the masculine includes the feminine and vice versa and also includes the neuter
14. a provision of the User Agreement or Sale Terms is not to be construed against the interests of a party merely because that party proposed the provision or was engaged in drafting it; 
15. a reference to a “day” is to be interpreted as commencing at midnight and ending 24 hours later; and 
16. a reference to “$” or “dollar” is to Australian dollars. 
17. ELIGIBILITY

 

1. Only people residing in Australia can purchase through this website.We do not offer service to overseas customers.
2. You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. 
3. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our website reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
4. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. 
5. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
6. Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
7. REGISTRATION

 

1. It is mandatory for the users to register on our website if they wish to participate in any activity conducted on our website or to avail the services provided therein.
2. In order to register with us you will have to click on the “Register” option appearing on our website which shall direct you the page of registration. Thereafter the user will have to provide all the relevant information such as Name, address, contact number, e-mail address, etc.
3. It shall be discretion of the Business to accept or reject an application for registration or it may impose such conditions as it deems fit from time to time.
4. On registration the User will be provided with a User id and the registered user will able to set its password. The user will be required to quote this  User id in all the transactions that it undertakes on the website. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us via CONTACT US  option provided on the website of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
5. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
6. When creating an Account, don’t:

 

1. Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
2. Use a username that is the name of another person with the intent to impersonate that person;
3. Use a username that is subject to rights of another person without appropriate authorization; or
4. Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
5. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us using contact us option provided on the website.

 

7. You may not transfer or sell your account on our website and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
8. Our Services are not available to temporarily or indefinitely suspended Users. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
9. One individual/entity can own only one account in his/her/its name.
10. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our terms of use and all other policies listed on the website and all other operating rules, policies and procedures that may be published from time to time on the website by the Company.
11. The registered user is bound by any transaction, including a bid at an Auction or in the bid and offer system, using its user identification code and password.
12. The registered user may at any time deactivate its account by providing us a notice of the same.
13. SERVICES

 

1. Our website provides the user with an online platform to offer, sell and buy livestock and other commodities at varied pricing.
2. In order to access the services provided on our website the users will have to login through their accounts.
3. Our website provides the user with facilities of participating in Auction of Livestock which is mainly aquarium live fish. The registered user can either be a seller or Vendor, purchaser or offeror of the livestock.
4. There are various items listed on our website such as live aquarium fishes, aquatic plants, fish food and accessories.
5. Our website offers sale of live aquarium fishes (hereinafter referred as “Livestock”) either through auction or by listing of the same on the website.
6. In case of “Sale by Auction”, the users will have to abide by the rules of auction mentioned in clauses6 and 7 of the present User Agreement.
7. In case of normal sale, the user will have to click on the product it wishes to purchase which shall direct it to the page enlisting the details of the product and prices. The user will have to click on “Proceed to Checkout” option which shall direct the user to the Payment page and the user will have to make payments accordingly.
8. SALE BY AUCTION
9. Sale on our platform is also conducted through Auction. However only the following items are available for “Sale by Auction”:

 

• Livestock or aquatic life including aquatic plants
• Aquarium accessories

 

2. In order to participate in the Auction and make a purchase of the Lot listed therein, the user will have to sign in through its registered account.
3. The details about the Auction such as date, time and Lot being auctioned, etc will be listed on the website.
4. The user will have to sign in through its respective registered account in order to participate in the Auction.
5. All sales through the auction are considered final and the listings are sold on an “As Is” basis. All bidders are allowed to visit our store with prior appointment and view the listing prior to placing a bid.
6. The user may visit us or our vendors store by booking an appointment with them at a mutually agreed time to have a look at the Lot that has been listed for Auction.
7. CONDUCT OF AUCTION
8. The Auction shall be conducted in the following manner:

 

1. The users will have to log in through their registered accounts in order to participate in the Auction;
2. The Auction will start at the date and time specified on the website;
3. The users will have to place bid on the listed items.
4. The user making the highest bid will be the winner and the auctioned item shall be sold to the highest bidder.
5. In case two or more bids for the same item are made of the same amount then the person who has first placed the said bid will be considered the highest bidder and the auctioned item shall be sold to that bidder.
6. Bids once made cannot be lowered or withdrawn, unless under exceptional circumstances, we determine the same in our sole discretion.

 

2. Bids shall be accepted only within the stipulated time and any bids made after the close of auction shall not be entertained by us. We may in our sole discretion close an auction before the scheduled conclusion time in case of any processing errors, other technical errors, force majeure or website and Auction service failure.
3. We may in our sole discretion decline to offer Auction Services to you if we find out that you are in breach of the present user agreement. In such case we may in our sole discretion suspend your account temporarily or close it down permanently.
4. We shall not be responsible for bids not received, processed or accepted due to technical difficulties. In particular we shall not be responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties
5. PAYMENT
6. We accept payments through third-party gateways listed in this website

 

2. Direct Bank Transfers- Under certain special circumstances, we shall provide the buyer with the bank account details and invoices through e-mail
3. The buyer shall be required to make the payment due to it within 24 hours of making any purchased on the website. If the buyer fails to make payment within the stipulated time, we shall have all rights to either cancel the order or  delay the transit of the order till the time the payment is not received by us.
4. Users expressly agree and acknowledge that our website may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our website.
5. Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our website may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
6. Users agree that they will hold our website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
7. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment provider. For more information on their security and privacy policy you may refer to the Privacy Policy of these third party payment providers before proceeding with payment option.
8. All products listed for sale should be inclusive of GST. If a vendor makes a sale through this website and if they are liable to pay GST (as defined by Australian Tax System). The vendor must issue a valid tax invoice to the buyer for any supply for which the Seller may recover GST from the buyer under these Terms.
9. On receipt of payment from buyer,we will remit the receivable amount and delivery fee (if any) to you via pay pal or bank transfer upon your withdrawal request through vendor dashboard.
10. Vendors should agree and comply to payment terms ,pricing and billing terms including those imposed on us by our third party providers like PayPal. We may add  new services and functionality and change the fees at any time in our sole discretion.

 

9. FRAUDULENT/DECLINED TRANSACTIONS

 

1. Our website reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
2. We as Service Providers shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder.
3. 10.DELIVERY
4. DELIVERY OF LIVESTOCK ORDER

 

1. We ship the orders of Livestock only in Australia excluding  TAS. 
2. Customers in NT (Northern Territory) need permit for purchase and WA (Western Australia) must contact us or the vendor prior to making a purchase. For the customers residing in WA, we may on the request of the customer, deliver the order of livestock to the airport and the customer will have to thereafter pick the order from the airport. In such case the customer shall be liable for payments towards quarantine checks and any such extra costs incurred by us in providing such service.
3. The buyer can however pick the order of livestock from our store or vendor’s premises  by making an appointment at a mutually agreed time between both parties. You shall make the pickup arrangements through the PRODUCT ENQUIRY tab provided on each product listing . If you need any extended period of time for pick up please contact us or the vendor prior to making a purchase.
4. For all the goods purchased is from a registered vendor ,its mandatory unless listed in the description of the lot ,to check with them their pick up or shipping arrangement prior to purchase. We are not liable for any shipping delays or pickup arrangement offered by the vendors.
5. All the livestock purchased from PET FISH AUSTRALIA is shipped with “Delivered Alive” guarantee. We use premium service and most livestock is delivered under two daysThe “Delivered Alive” warranty will not cover the areas which our partnering areas can’t make in two days. In such cases you will have to consider special shipping arrangement, please contact us prior to making a purchase. 
6. For purchases made from store other than PET FISH AUSTRALIA, please check with Vendor directly or refer to theirt terms of use, regarding warranty, livestock guarantee and shipping arrangements
7. The livestock order shall be shipped only on the following week Monday-Wednesday, falling after completing payments.
8. If at the time of purchase any of the fish ordered is out of stock, a refund shall be given for the same. The buyer will be contacted and will also have the option to replace the out of stock fish with any other commodity, prior to shipping of the order.
9. We shall ship the order, once we receive the payment and the aquarium accessories order shall be shipped  within one week from the date of placing the order;
10. We may provide you with the tracking id so that you can keep a track of your order.

 

11. REFUNDS AND REPLACEMENTS
12. REPLACEMENT AND REFUND POLICY FOR LIVESTOCK

 

1. We ensure that the fishes are in good health and free of parasites prior to shipping but the fishes are only guaranteed for being delivered alive. No other guarantee is available.
2. All the livestock is guaranteed only for live delivery, no further guarantee is available. Thus there will be no returns or refunds available.
3. Due to any unfortunate event, the fish purchased by you is delivered dead, then you shall make a video and click photo of the fish clearly showing that it was dead in an unopened bag. Then e-mail that video and photo within 2 hours of receiving the order in case of door to door delivery and within 4 hours of airport to airport delivery.
4. All the live stock will be shipped with instructions for courier driver to leave goods in your premises if there is no one to receive them in their first attempt to deliver goods.
5. In airport delivery receipt of an order is calculated from the time aircraft lands in the designated airport and in door to door delivery receipt of an order is calculated when the goods is handed over to buyer or left in their premises .If the courier had no access to your premises or could not handover the goods in their first attempt then the livestock will not be covered under our live delivery guarantee. 
6. The video should be clear enough and it should have clear evidences that the bag in which the fish was shipped was not opened.
7. We shall investigate upon the issue and if the claim is found to be true and reasonable we may refund you the money of the fish delivered dead.
8. In case your order consists of multiple fishes in a lot then the proportionate cost of only dead fish shall be refunded;
9. There is no guarantee on aquatic plants and we shall entertain no claims in regard to return, replacement or refund of money in regard to the purchase of aquatic plants;
10. However the shipping cost shall not be refunded in any case.

 

2. REPLACEMENT AND REFUND POLICY FOR COMMODITIES EXCEPT LIVESTOCK

 

1. Orders once placed are non-cancellable and non-refundable; therefore the buyers are advised to make judicious decisions before making any purchase.
2. However we have effective replacement policy and in case you are shipped a  wrong order or faulty product we may replace your order;
3. However you shall be required to intimate about the same within four (4) hours of the receiving of the order and provide us with detailed information of the issue. 
4. In case the claim made by you is reasonable, we shall replace the order.
5. Any claims made after the expiration of four (4) hours, which hours shall be calculated from the receipt of the order, then such a claim shall not be entertained by us.
6. All goods will be sent out default without shipping insurance. Our courier company offer shipping insurance on most aquarium accessories. Shipping insurance for such goods can be organized at buyers request with an extra cost and the damages happened during transit should be managed between the buyer and respective shipping company. Our business will not be liable for any damages or loss happened during shipping.

 

12. 12.WARRANTIES BY USERS
13. By using and accessing our services, user agree and warrant as follows:

 

1. inappropriately post, upload or interfere with content or items in connection with any Lot; 
2. infringe any laws, agreements, third party rights or our policies; 
3. post false, inaccurate, misleading, defamatory, libelous, unlawful or offensive content (including personal information); 
4. harvest or otherwise collect information about Users, including email addresses, without their consent; 
5. you should read the description of the item listed on the website before making any bid for the same in the Auction;
6. If you are the highest bidder at an Auction, you shall pay the bid amount within twenty-four (24) hours of the closing of the Auction.
7. You agree that if you fail to make payment of the bid price within the specified timeframe, we shall have all rights to cancel the sale to you and re-sell the item.
8. We shall charge you with the cancellation fees in such percentage as determined by us, depending upon the amount of loss that shall be incurred by us due to your behavior.
9. It shall be your responsibility to adhere to Laws covering aquatic life relevant to your state and we take no liability for fish that does not comply with the respective regulations. All the legal Responsibility of the purchase lies with the purchaser. All Costs involved with inspections of local /state government authorities will be at buyer’s expense.
10. The orders are shipped through our partnered courier services and you agree that we shall in no case be liable if the shipping of the order is delayed. 
11. It shall be your sole responsibility to track your order and thereafter receive the order.
12. The pictures of the livestock listed on our website are only for the purpose of illustrations and there may be chances that the fish purchased by you appears different from the one illustrated on the website. Livestock Size refers to “maximum total length” which is length measured between snout on the upper jaw to the end of the tail.  Variations up to twenty percentage could happen. You agree that you shall not hold us liable for the same.
13. You shall not hold us liable for the fishes that do not make through quarantine or fail to survive after arrival
14. You shall not hold us liable in any circumstance for any loss happened with goods purchased once they come under your ownership.
15. 13.MISUSE OF THE WEBSITE

 

1. You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
2. You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
3. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
4. You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
5. You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
6. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to us.
7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
9. You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of our website and / or others.
10. You shall solely enable us to use the information (such as comments, questions, messages etc.) you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the website.
11. We reserve the right, but have no obligation, to monitor the materials posted on the website. Our website shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. 
12. Please be advised that such Content posted does not necessarily reflect our views. In no event shall our website assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
13. It is possible that any of the user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the website.
14. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

14. 14.OWNERSHIP

All right, title, and interest in and to the website (excluding postings/content provided by the users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright and other applicable laws of Australia. Nothing in these Terms gives you a right to use the name of the website or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website. 

 

15. 15.INTELLECTUAL PROPERTY RIGHTS

 

1. Our website, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of our website or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
2. The website names and logos and all related service and our slogans are the trademarks or service marks of our website. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this website is the property of our website or its suppliers and protected by copyright laws of Australia. The Contents and software on this website may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of Australia. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our company and is also protected by Copyright laws of Australia.
4. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
5. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice  by using the tab CONTACT US on the website requesting that the material be removed, or access to it blocked, please provide us with the following information: 

 

1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 
2. identification of the copyrighted work claimed to have been infringed;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number and an email address; 
5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
7. You should assume that everything that you see or read on this website is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our website or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our internet sites are subject to the trademark rights of our website, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our website which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this website is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
8. 16.TERMINATION 

 

1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
2. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

 

1. if we determine that you have breached, or are acting in breach of, this User Agreement;
2. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
4. you do not respond to account verification requests;
5. to manage any risk of loss to us, a User, or any other person; or
6. For other similar reasons. 

 

3. If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the website. 
4. In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
5. 17.INDEMNITY

Users agree to defend, indemnify and hold harmless our website, its employees, owners, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

18. 18.GOVERNING LAW AND JURISDICTION

 

1. This Agreement shall be governed by and construed in accordance with the laws of Australia without regard to its choice of law principles.  
2. The parties consent to exclusive jurisdiction and venue in the courts sitting in South Australia.
3. 19.DISPUTE RESOLUTION

 

1. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
2. The venue for arbitration shall be South Australia.
3. The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.

 

20. 20.DISCLAIMERS

 

1. The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
2. The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

 

1. Your use of or your inability to use our Website, Services and tools;
2. Delays or disruptions in our Website, Services, or tools;
3. Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
4. Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
5. The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
6. A suspension or other action taken with respect to your account; and

 

3. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
4. We have no control over and does not make any representation in relation to, nor guarantee nor accept any liability for: 

 

1. the existence, quality, condition, safety or legality of any Lot advertised; 
2. the truth, completeness, or accuracy of any content, Data, specifications or Listing, or the content referable to any Vendor, Purchaser, or any other person; 
3. the completeness, truth or accuracy of any content or information on our website or any derivative work whether provided by us, any Vendor, Purchaser or any other person.

 

21. 21.REVIEWS, FEEDBACKS AND SUBMISSIONS

 

1. All reviews, comments, feedback, postcards, suggestions, ideas, questions and other submissions disclosed, submitted or offered to us on this website or otherwise disclosed, submitted or offered in connection with your use of this website(collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. 
2. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
3. Our website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

22. 22.SECURITY

 

1. We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us on the website through Contact Us option or write an e-mail to us on the e-mail id provided on the website upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the website, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
2. You may write to us or contact us for the reckless behaviour of any other user which may cause injury either to you or us. We shall take into consideration your complaint and after properly scrutinizing your complaint, we shall take reasonable actions against such another user.

 

23. 23.PRIVACY

We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy. 

 

24. 24.EXPRESS RELEASE

You expressly agree to release us [including our Owners, directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes amongst users or third parties through or on our website. 

 

25. 25.USER AGREEMENT AS DEFENCE

The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement. 

 

26. 26.NOTICES
27. Any notices must be given by postal mail to us at the below mentioned address:

         PET FISH AUSTRALIA, 21 KELLY TERRACE, SALISBURY, SOUTH AUSTRALIA-5108

 

2. In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
3. 27.OUR SERVICE AND GUARANTEES

Our website reserves the right to modify or terminate the website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our website does not guarantee continuous, uninterrupted access to the website, and operation of the website may be interfered with by numerous factors outside our control.

 

28. 28.LINKS TO OTHER WEBSITES

Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content and their privacy policy and terms and conditions. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this website, you do this entirely at your own risk.

 

29. 29.NO WAIVER IMPLIED

The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

30. 30.SEVERABILITY

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

 

31. 31.ASSIGNMENT 

 

1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion. 
2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
3. FORCE MAJEURE

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

(a) Acts of god;

(b) Natural disasters;

(c) Sabotage;

(d) Accident;

(e) Riot;

(f) Shortage of supplies, equipment, and materials;

(g) Strikes and lockouts;

(h) Civil unrest;

(i) Computer hacking; or

(j) Mali cious damage.

 

32. 32.DIGITAL SIGNATURE

 

1. By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
3. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our website. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at petfish.com.au
5. 33.MODIFICATION

The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our website. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our website. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this website.

 

34. 34.COMMUNICATIONS

 

1. Our website’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email or contacting us through the website or by clicking the unsubscribe link in our emails sent to you.
2. You consent to receive notices and information from us in respect of the website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

 

35. 35.ENTIRE AGREEMENT

The Agreement, in connection with the other obligations and rules detailed in writing on the website, constitute the entire agreement between you and the website and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the website. Nothing in this subsection will prevent the website from modifying the terms of these Terms and Conditions and posting such other modified terms and condition

 

36. 36. CONTACT US

For any further clarification of our Terms and Conditions, please write to us using contact us tab provided in website .We endeavor our best to respond to your query within 48 hrs of submission.

Binding Terms

2.By using the Services you represent and warrant to us that you have legal capacity to enter into these Terms, that you have read and understood the Terms and agree to be bound by them. If you do not agree to be bound by the Terms, do not use the Services.

3.These Terms may be changed by us from time to time. The first time you use the Services after such changes are implemented you will be required to agree to the revised Terms. Your ongoing use of the Services will be subject to the revised Terms and your acceptance of them.

Definitions

4.In these Terms, the following definitions will apply:

 

• Apps has the meaning set out in clause 1.
• Buyer means a person who buys Goods via the Services.
• Delivery Fee means a fee for delivery of the Goods as determined by you acting reasonably.
• Goods means any item listed by you for sale via the Services including, without limitation, live fish, aquatic plants, aquarium related goods and other aquaculture related products or services.
• Price means the sale price (excluding GST) set by you and listed in Your Shop for the sale of Goods via this website.
• Receivable Amount means the Price plus any GST collected by us on your behalf less the Service Fee.
• Service Fee means 10% of the Price (including GST).
• Services has the meaning set out in clause 1.
• Site has the meaning set out in clause 1.
• Terms has the meaning set out in clause 1.
• You has the meaning set out in clause 1.
• Your Shop means your virtual portal on the Site and/or Apps through which you advertise and sell Goods.
• we or us has the meaning set out in clause 1.

Your Account

5.In order to use the Services, you need to create an account.

6.To open an account you need to:

 

• be over 18 years of age;
• provide accurate information; and
• answer all questions asked by us truthfully and completely.

7.You will be responsible for your account and all activity on it including any access by a third party using your log in details.

8.If you are creating an account on behalf of a business entity, you guarantee that you have the authority to agree to these Terms on behalf of the business entity.

Use of the Services

9.In consideration of you agreeing to these Terms and paying all amounts owing to us in accordance with these Terms, we grant you a non-exclusive, non-transferable, revocable permission to use the Services in accordance with these Terms.

10.You acknowledge and agree that:

 

• nothing in these Terms constitutes a transfer/assignment of our intellectual property rights to you;
• we own or are licenced all intellectual property rights in or used in relation to the Services (including without limitation all software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio and video) (Our IP);
• you must not directly or indirectly do anything (or allow anything to be done) that would or might invalidate or put in dispute our ownership or licence in respect of Our IP; and
• you must not copy, reproduce, transmit, display, perform, publish, adapt, edit or create derivate works from any of Our IP.

11.Your permitted use of the Services are restricted as follows:

 

• You must not violate any laws (state, federal or international) in connection with your use of the Services.
• Without limiting the foregoing, you must:
  • ensure that you obtain all necessary licences and permits required to sell products online via the Services;
  • any goods you sell via the Service comply with all applicable laws, including Australian Consumer Law, the state and federal laws governing aquatic life,Biosecurity laws and any other applicable aquarium or aquaculture industry relevant laws, regulations and standards;
  • not sell anything that violates any laws;
  • not engage in fraud, theft, anti-competitive conduct, threatening conduct or other unlawful acts or crimes
  • pay all fees owing to us in accordance with these Terms
  • collect and pay any applicable taxes for any sales you make via the Services;
• not interfere with or disrupt the Services;
• not use the name “PET FISH AUSTRALIA ” ,petfish.com.au or any other of our marks, phrases, logos or designs which we use in connection with the Services without our prior written consent;
• not attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Services;
• not create derivative works of the Services of any kind whatsoever;
• not publish or link to offensive, objectionable or malicious content (including content that may damage or interfere with browsers or privacy);
• not access, tamper with or use non-public systems of the Services (including our systems and the technical delivery systems to our providers and/or users);
• not probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures (including features designed to prevent and/or restrict the use and/or copying of software);
• not access or search (or attempt to) the Services by any means (automated or otherwise) other than through the currently available published interface we provide;
• not use our Services for spamming;
• not use web crawler software on the Services without our prior written consent (which may be withheld in our absolute discretion);
• not use web scraping software on the Services without our prior written consent (which may be withheld in our absolute discretion);
• not forge TCP/IP information;
• not interfere with or disrupt (or attempt to do so) user, host, network or third party provider access to the Services (including without limitation by sending a virus, overloading, flooding, spamming, mail bombing or scripting user content in a manner which interferes with the Services); and
• not use the Services except for their intended purpose, as determined by us, from time to time.

12.You acknowledge and agree that:

 

• we retain complete editorial control over the Services and may alter, amend or cease the operation and/or functionality of any part of the Services at any time (in our sole discretion);
• we may upgrade the Services to add support for new functions and services and you consent to receiving automatic upgrades of the Services;
• we do not warrant that the Services are (or will continue to be) compatible with your device;
• we may, but are not obliged to, undertake any type of investigation, vetting process or due diligence about any user of the Services (including any Buyer or Vendor). In the event that we do undertake one of the aforementioned activities, we are not obliged to advise you of the outcome;
• the Services may not operate on a continuous basis, may be unavailable from time to time (including for maintenance purposes) or be permanently suspended or terminated;
• the Services may contain links to other websites as well as content added by other users and third parties and we do not endorse, sponsor or approve such user generated content or any content available on linked websites.

13.You are responsible for the content (including but not limited to names, photos, videos, product or service descriptions, reviews and comments) (Your Content) you (and any authorised or unauthorised user of the Online Services from your account) upload, publish, display, link or otherwise make available via the Services or any third party website connected to the Services.

14.You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, publish, store and prepare derivative works of Your Content to provide and promote the Services. You also waive any moral rights you have in respect of Your Content. This licence will survive termination of the Terms.

15.You may not post any of Your Content:

 

• which does not comply with all relevant laws;
• that is false, misleading or deceptive;
• that is offensive, objectionable, inappropriate or defamatory (as determined by us in our sole discretion);
• that would bring us, or the Services into disrepute;
• that infringes third party intellectual property rights.

16.In respect of Your Content, you represent and warrant to us that :

 

• you have the right to use and upload Your Content to the Services;
• neither your nor our use of Your Content will infringe any third party intellectual property rights;
• all of Your Content will be lawful in every regard;
• you will not claim any fees, payments or royalties from us.

Indemnity

17.You agree to indemnify (and keep indemnified) us and our employees, agents, assigns and third party providers against any claim, liability, loss, damage, cost, debt or expense we or they suffer including (but not limited to) any claim for loss and/or damages by any third party and our legal costs arising from:

 

• any negligent, wilful or otherwise wrongful acts or omissions by you or any of your employees, agents or representatives;
• the death of, or personal injury to, or damage to any property belonging to any person including, but not limited to, a Buyer or any of the Buyer’s employees, agents or contractors, to the extent caused by any of your (or your employees, agents or contractors) acts or omissions;
• any claims, demands, and damages arising out of disputes with other users or Buyers;
• your use of and/or access to the Services;
• unauthorised use of the Services from your account;
• your breach of these Terms;
• your breach of the requirements of our third party providers;
• any allegation of infringement of any third party rights (including third party intellectual property rights) in relation to your use of the Service;
• your failure to comply with any law;
• Your Content.

Payment

18.Certain functionality of the Services is provided for a fee or other charge. If you elect to use paid functionality of the Services, you agree to create a PayPal account, comply with the applicable pricing, payment and billing terms including those imposed on us by our third party providers. We may add new services and functionality and change the fees at any time in our sole discretion.

19.If a Buyer orders Goods via Your Store they will be directed to the ‘shopping cart’ to confirm their order and then to PayPal to make payment.

20.The amount collected via PayPal shall be the Price (plus GST, if applicable) for the Goods, and the Delivery Fee.

21.On receipt of payment from the Buyer, we will remit the Receivable Amount and Delivery Fee (if any) to you via PayPal.

22.We may engage third party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance. We will not be liable to you in respect of any service provided by those third party service providers. We may share your personal or transactional information with those third-party service providers when it’s necessary to process payments. By using a third-party service, you may also be subject to an agreement with the third-party and you must comply with the terms of such agreement.

23.We reserve the right to decline transactions that we believe to be high risk, fraudulent, or in violation of these Terms.

24.Payment of the Receivable Amount and Delivery may be temporarily delayed and we will not be liable to you for any such delay.

GST

25.If a party (Supplier) to these Terms makes a supply under or in connection with these Terms to another party (Recipient) and is liable by law to pay GST (as defined by A New Tax System (Products and Services Tax) Act 1999 (Cth)) on that supply, unless the consideration is expressly said to include GST, the consideration otherwise payable by the Recipient will be increased by an amount equal to the GST paid or payable by the Supplier.

26.In addition to clause 25 above, the Supplier must issue a valid tax invoice to the Recipient for any supply for which the Seller may recover GST from the Recipient under these Terms.

Delivery

27.You must clearly set out the Delivery Fee and any and all delivery terms on YourShop.

28.You agree to ship sold Goods once a payment transaction is completed through this website including the Delivery Fee (if any).

Refunds and Exchange

29.You must clearly set out your policy and terms applicable to refunds of the Price and the exchange of Goods on Your Shop (Returns Policy).

30.You must comply with the Returns Policy.

31.You warrant that you will comply with Australian Consumer Law and all other relevant laws and regulations.

32.You expressly acknowledge that if there is a dispute arising under your Returns Policy, we reserve the right, in our absolute discretion (but are not obliged), to provide a refund, including by way of a reverse transaction, to the Buyer from the Receivable Amount and Delivery Fee in your PayPal account. You irrevocably authorise us to carry out a reverse transaction and reverse any payments via your Paypal account in respect of the disputed Goods or any other Receivable Amount.

33.Any disputes, issues or queries arising under clauses 29, 30, 31 and 32 must be dealt with pursuant to clauses 34, 35, 36 .[Please confirm the process of refunds and exchanges. Is this how what was intended and is this possible?

Please advise how you wish to provide refunds and whether you wish to retain the 10% Service fee on transactions where the Seller will issue a refund.

Dispute

34.If a dispute arises between you and a Buyer relating to or arising out of the Goods, the Services or these Terms, including its construction, effect, the rights and obligations of you or the Buyer, the performance, breach, rescission or termination of these Terms, any entitlement to damages or compensation (whether for breach of contract, tort or any other cause of action) or the amount of that entitlement (Dispute), you must use reasonable endeavours to resolve the Dispute in good faith and directly with the Buyer. 

35.You expressly acknowledge that any and all Disputes are between you and the Buyer alone and not with us.

36.You indemnify us in respect of any and all claims relating to Disputes.

Exclusion of Liability

37.For the purpose of clauses 37 to 41 (inclusive), Covered Party means us, our affiliates, and any officer, director, employee, subcontractor, agent, or assign of us or our affiliates.

38.The Services are provided on an “as is” and “as available” basis and unless stated to the contrary in these Terms, to the maximum extent permitted by law, we exclude all representations, warranties or guarantees whether express or implied, by statute or otherwise, including (without limitation) that the Services are of merchantable quality or fit for their intended use, that content is accurate, reliable or correct, that the Services will be available at a particular time or location/venue, that the Services will be uninterrupted and secure, that any defects or errors will be corrected or that the Services are free of viruses or harmful components. Use of the Services is at your own risk and you will be solely responsible for any damage or loss including (but not limited to) damage/loss to your computer/systems.

39.To the extent permitted by law (excluding statutory warranties that cannot be excluded), you release us from any and all liability arising from the Services including (without limitation) in relation to:

 

• the availability of the Services;
• unauthorised use (by you or a third party) of the Services;
• any loss of data, interruption of business or any consequential or incidental damages;
• all representations, warranties or terms (whether express or implied) other than those expressly provided in these Terms;
• your use of the services provided by third party provider;(f)your internet network.

40.To the maximum extent permitted by law, the aggregate liability of Covered Parties whether for breach of these Terms, in tort (including negligence) or for any other common law or statutory cause of action shall be the lesser of your actual direct damage or the amount you paid for the Services in the 12 month period immediately preceding the date the claim arose.

41.The Covered Parties shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including without limitation, legal fees) in any way due to, resulting from, or arising in connection with the Services or the failure of any Covered Party to perform its obligations, regardless of any negligence of any Covered Party.

Termination

42.You may terminate your account at any time by contacting us via our contact details available on the Site.

43.We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice.

44.If your account is terminated, you may lose any information associated with your account.

45.We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or ability to generate revenue through the Services.

Notifications

46.We will, from time to time, provide notifications whether for legal, marketing or other business related reasons. Such notices will be either posted on the Services or provided directly to you by email, sms or mail. We reserve the right to determine the form and means of providing notice to you. Please note, you may opt out of some of the notifications depending on their purpose.

Miscellaneous

47.These Terms comprise the entire agreement for the provision of the Services to the exclusion of any express or implied term, whether expressed orally or in writing, including any conditions, warranties and representations and supersedes all previous terms and conditions, undertakings, agreements and correspondence regarding the Services.

48.The failure of us or any third party provider to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

49.These Terms are governed and shall be construed in accordance with the laws of south Australia, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that state.

50.If part or all of any clause of these Terms is illegal, unenforceable or void it will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.

SECTION: 2

BUYER TERMS OF USE

General

1.These terms and conditions (Terms) are between PET FISH AUSTRALIA (petfish.com.au) ABN 90334941812 (we or us) and the users (you) of the PET FISH AUSTRALIA website (petfish.com.au) (Site) and mobile applications (including iPhone, Android and Web applications) (Apps) (together, the Services).

Binding Terms

2.By using the Services you represent and warrant to us that you have legal capacity to enter into these Terms, that you have read and understood the Terms and agree to be bound by them. If you do not agree to be bound by the Terms, do not use the Services.

3.These Terms may be changed by us from time to time. The first time you use the Services after such changes are implemented you will be required to agree to the revised Terms. Your ongoing use of the Services will be subject to the revised Terms and your acceptance of them.

Definitions

4.In these Terms, the following definitions will apply:

 

• Apps has the meaning set out in clause 1.
• Delivery Fee means the fee charged by the Seller to you in consideration of delivering the Goods to you as specified and set out on the Seller’s Shop.
• Goods means any item purchased by you via the Services including, without limitation, live stock, aquatic plants, aquarium accessories and other aquaculture related product.
• Price means the sale price of Goods (excluding the Delivery Fee and GST).
• Seller means a person who sells Goods via the Services.
• Seller’s Shop means the Seller’s virtual portal on the Services where the Seller advertises and sells Goods.
• Services has the meaning set out in clause 1.
• Site has the meaning set out in clause 1.
• Terms has the meaning set out in clause 1.
• You has the meaning set out in clause 1.
• we or us has the meaning set out in clause 1.

Your Account

5.In order to use the Services, you need to create an account.

6.To open an account you need to:

 

• be over 18 years of age;
• provide accurate information;
• answer all questions asked by us truthfully and completely.

7.You will be responsible for your account and all activity on it including any access by a third party using your log in details.

8.If you are creating an account on behalf of a business entity, you guarantee that you have the authority to agree to these Terms on behalf of the business entity.

Use of the Services

9.In consideration of you agreeing to these Terms and paying all amounts owing to us in accordance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms.

10.You acknowledge and agree that:

 

• Nothing in these Terms constitutes a transfer/assignment of our intellectual property rights to you;
• We own or are licenced all intellectual property rights in or used in relation to the Services (including without limitation all software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio and video) (Our IP);
• You must not directly or indirectly do anything (or allow anything to be done) that would or might invalidate or put in dispute our ownership or licence in respect of Our IP; and
• You must not copy, reproduce, transmit, display, perform, publish, adapt, edit or create derivate works from any of Our IP.

11.Your permitted use of the Services are restricted as follows:

 

• You must not violate any laws (state, federal or international) in connection with your use of the Services.
• Without limiting the foregoing, you must:
  • not engage in fraud, theft, anti-competitive conduct, threatening conduct or other unlawful acts or crimes;
  • pay for all Goods you buy via the Services;
  • pay any applicable taxes for any Goods and delivery services you buy via the Services;
  • not interfere with or disrupt the Services;
  • not use the name “PET FISH AUSTRALIA”, petfish.com.au or any other of our marks, phrases, logos or designs which we use in connection with the Services without our prior written consent;
  • not attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Services;
  • not create derivative works of the Services of any kind whatsoever;
  • not publish or link to offensive, objectionable or malicious content (including content that may damage or interfere with browsers or privacy);
  • not access, tamper with or use non-public systems of the Services (including our systems and the technical delivery systems to our providers and/or users);
  • not probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures (including features designed to prevent and/or restrict the use and/or copying of software);
  • not access or search (or attempt to) the Services by any means (automated or otherwise) other than through the currently available published interface we provide;
  • not use our Services for spamming;
  • not use web crawler software on the Services without our prior written consent (which may be withheld in our absolute discretion);
  • not use web scraping software on the Services without our prior written consent (which may be withheld in our absolute discretion);
  • not forge TCP/IP information;
  • not interfere with or disrupt (or attempt to do so) user, host, network or third party provider access to the Services (including without limitation by sending a virus, overloading, flooding, spamming, mail bombing or scripting user content in a manner which interferes with the Services); and
  • not use the Services except for their intended purpose, as determined by us, from time to time.

12.You acknowledge and agree that:

 

• we retain complete editorial control over the Services and may alter, amend or cease the operation and/or functionality of any part of the Services at any time (in our sole discretion);
• we may upgrade the Services to add support for new functions and services and you consent to receiving automatic upgrades of the Services;
• we do not warrant that the Services are (or will continue to be) compatible with your device;
• we may, but are not obliged to, undertake any type of investigation, vetting process or due diligence about any user of the Services (including any Buyer or Vendor). In the event that we do undertake one of the aforementioned activities, we are not obliged to advise you of the outcome;
• the Services may not operate on a continuous basis, may be unavailable from time to time (including for maintenance purposes) or be permanently suspended or terminated; and
• the Services may contain links to other websites as well as content added by other users and third parties and we do not endorse, sponsor or approve such user generated content or any content available on linked websites.

13.You are responsible for the content (including but not limited to names, photos, videos, product or service descriptions, reviews and comments) (Your Content) you (and any authorised or unauthorised user of the Online Services from your account) upload, publish, display, link or otherwise make available via the Services or any third party website connected to the Services.

14.You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, publish, store and prepare derivative works of Your Content to provide and promote the Services. You also waive any moral rights you have in respect of Your Content. This licence will survive termination of the Terms.

15.You may not post any of Your Content:

 

• which does not comply with all relevant laws;
• that is false, misleading or deceptive;
• that is offensive, objectionable, inappropriate or defamatory (as determined by us in our sole discretion);
• that would bring us, or the Services into disrepute;
• that infringes third party intellectual property rights.

16.In respect of Your Content, you represent and warrant to us that you:

 

• have the right to use and upload Your Content to the Services;
• neither your nor our use of Your Content will infringe any third party intellectual property rights;
• all of Your Content will be lawful in every regard; and
• you will not claim any fees, payments or royalties from us.

Indemnity

17.You agree to indemnify (and keep indemnified) us and our employees, agents, assigns and third party providers against any claim, liability, loss, damage, cost, debt or expense we or they suffer including (but not limited to) any claim for loss and/or damages by any third party and our legal costs arising from:

 

• any negligent, wilful or otherwise wrongful acts or omissions by you or any of your employees, agents or representatives;
• the death of, or personal injury to, or damage to any property belonging to any person including, but not limited to, a Seller or any of the Seller’s employees, agents or contractors, to the extent caused by any of your (or your employees, agents or contractors) acts or omissions;
• any claims, demands, and damages arising out of disputes with other users or Sellers;
• your use of and/or access to the Services;
• unauthorised use of the Services from your account;
• your breach of these Terms;
• your breach of the requirements of our third party providers;
• any allegation of infringement of any third party rights (including third party intellectual property rights) in relation to your use of the Service;
• your failure to comply with any law;
• Your Content.

Payment

18.Once you have selected the Goods you wish to purchase you will be directed to PayPal to complete payment of the Price, Delivery Fee and any applicable GST.

19. The processing time for your payment may vary.

20.If there are insufficient funds in your bank account when the provider processes the payment for your purchase, we reserve the right to contact you directly and to seek payment.

21.We may share your personal or transactional information with third-party service providers (e.g. PayPal) if necessary to process payments.

22.We have engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.

23.By using a third-party service, you may also be subject to an agreement with the third-party and you must comply with the terms of such agreement.

24.We reserve the right to decline transactions that we believe to be high risk, fraudulent, or in violation of these Terms.

GST

25.If the Seller makes a supply under or in connection with these Terms and is liable by law to pay GST (as defined by A New Tax System (Products and Services Tax) Act 1999 (Cth)) on that supply, unless the consideration is expressly said to include GST the consideration otherwise payable by the Buyer will be increased by an amount equal to the GST paid or payable by the Seller.

26.In addition to clause 22 above, the Seller must issue a valid tax invoice to the Buyer for any supply for which the Seller may recover GST from Buyer under these Terms.

Refund and Exchange

27.Terms and conditions regarding refunds of the Price and exchange of Goods will be set out on the Seller’s Shop.

28.Each Seller may have varying terms and conditions regarding refunds and exchange.

29.Any disputes, issues or queries arising under clauses 27 and 28 must be dealt with pursuant to clauses 30, 31 and 32.

Dispute

30.If a dispute arises between you and a Seller relating to or arising out of the Goods, the Services or these Terms, including its construction and effect, the rights and obligations of you or the Seller, the performance, breach, rescission or termination of these Terms, any claim for refunds and exchange, any entitlement to damages or compensation (whether for breach of contract, tort or any other cause of action) or the amount of that entitlement (Dispute), you must use reasonable endeavours to resolve the Dispute in good faith directly with the Seller.

31.You expressly acknowledge that any and all Disputes are between you and the Seller alone and not with us.

32.You indemnify us in respect of any and all claims relating to Disputes.

Exclusion of Liability

33.For the purpose of clauses 33 to 38 (inclusive), Covered Party means us, our affiliates, and any officer, director, employee, subcontractor, agent, or assign of us or our affiliates.

34.We provide the Services as a venue for you to purchase Goods. It is important to note that we are not part of that transaction.

35.You agree and acknowledge that:

 

• you are not buying Goods from us, but from one of the many Sellers via the Services;
• we are not responsible for any refund of the Price or exchange of the Goods;
• we do not pre-screen Sellers, edit content uploaded by users of the Services or test any of the Goods;
• we do not endorse any Seller;
• we do not provide any guarantees or warranties with respect to the Goods or the content uploaded to the Service by users including, without limitation, warranties or guarantees relating to the quality, safety or legality of any Goods or accuracy of any representations; and
• we do not warrant or guarantee that the Seller is entitled to sell the Goods.

36.The Services are provided on an “as is” and “as available” basis and unless stated to the contrary in these Terms, to the maximum extent permitted by law, we exclude all representations, warranties or guarantees whether express or implied, by statute or otherwise, including (without limitation) that the Services are of merchantable quality or fit for their intended use, that content is accurate, reliable or correct, that the Services will be available at a particular time or location/venue, that the Services will be uninterrupted and secure, that any defects or errors will be corrected or that the Services are free of viruses or harmful components. Use of the Services is at your own risk and you will be solely responsible for any damage or loss including (but not limited to) damage/loss to your computer/systems.

37.To the extent permitted by law (excluding statutory warranties that cannot be excluded), you release us from any and all liability arising from the Services including (without limitation) in relation to:

 

• any and all claims related to live stock purchase,Goods sold via the Services, including for delay in delivery, defective items, misrepresentations by Sellers and or items that cause personal injury, death or property damage;
• refunds of the Price or exchanges of Goods;
• content posted by other users of the Services;
• the availability of the Services;
• unauthorised use (by you or a third party) of the Services;
• any loss of data, interruption of business or any consequential or incidental damages;
• all representations, warranties or terms (whether express or implied) other than those expressly provided in these Terms;
• your use of the services provided by third party provider;
• your internet network.

38.To the maximum extent permitted by law, the aggregate liability of Covered Parties whether for breach of these Terms, in tort (including negligence) or for any other common law or statutory cause of action shall be the lesser of your actual direct damage or the amount you paid for the Services in the 12 month period immediately preceding the date the claim arose.

39.The Covered Parties shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including without limitation, legal fees) in any way due to, resulting from, or arising in connection with the Services or the failure of any Covered Party to perform its obligations, regardless of any negligence of any Covered Party.

Termination

40.You may terminate your account at any time by contacting us via our contact details available on the Site.

41.We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice.

42.If your account is terminated, you may lose any information associated with your account.

43.We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or ability to generate revenue through the Services.

Notifications

44.We will, from time to time, provide notifications whether for legal, marketing or other business related reasons. Such notices will be either posted on the Services or provided directly to you by email, sms or mail. We reserve the right to determine the form and means of providing notice to you. Please note, you may opt out of some of the notifications depending on their purpose.

Miscellaneous

45.These Terms comprise the entire agreement for the provision of the Services to the exclusion of any express or implied term, whether expressed orally or in writing, including any conditions, warranties and representations and supersedes all previous terms and conditions, undertakings, agreements and correspondence regarding the Services.

46.The failure of us or any third party provider to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

47.These Terms are governed and shall be construed in accordance with the laws of South Australia, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that state.

48.If part or all of any clause of these Terms is illegal, unenforceable or void it will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.

**Note: Vendors Please read and agree to Vendor Terms Of Use