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Petzyo Terms & Conditions
This website (Site) is operated by Petzyo Group Pty Ltd ABN 44 639 785 872 (we, our or us). It is available at https://petzyo.com.au/ and may be available through other addresses or channels.
Signing up to our Site
When you make a purchase, you will be asked to input basic contact information, such as your name, shipping address, billing address and payment details and if you choose to create an account, you can choose a username and password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details. You may also create an account for your pet through our pet dashboard. You will be asked to input your pet’s weight, activity level, birthday, and provide a photo of them.
You may select a subscription based on the needs of your pet, which can mean different types of pet food products, as set out on the Site. You agree to pay us the fees (which include delivery) set out on the Site in relation to your chosen subscription to benefit from our services (Subscription Fee) at the intervals described in your subscription, throughout the duration of your subscription (which may be in advance of the next billing cycle). In some cases, your payment date may change, for example, if payment is unable to be processed or if your subscription began on a day not contained in a given month.
Subscriptions automatically continue until paused or cancelled in accordance with this clause. You may request to change or pause your subscription by providing us with written notice via email or through the Site (you must give us sufficient notice as required on the Site). Your payment method will automatically be charged the Subscription Fee for your new subscription on the payment date on which the change becomes effective. You may cancel your subscription at any time in the account page by giving us the notice required on the Platform.
We may modify the Subscription Fee from time to time upon notice to you. Where you have chosen an ongoing subscription, the updated Subscription Fee will apply in the next billing cycle after the change has occurred. If you do not agree to the price change, you may cancel your subscription in accordance with this clause.
You may order products on an ad hoc basis, or you may add them to your subscription. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order, and we may accept or reject an order. Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with these Terms.
When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
You must pay us the purchase price of each product you order which includes any applicable delivery costs (the Price) and the Subscription Fee (together, the Costs) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
You must pay the Costs using one of the methods set out on the Site and you must not pay, or attempt to pay, the Costs by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Costs.
We may from time to time issue promotional discount codes for certain products, including through our referral rewards program as set out on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
Availability and cancellation
All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. This includes where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on the Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order, and you may choose to receive a refund. If you choose a refund, any delivery costs you have paid for the products will be refunded to you.
You may cancel your order at any time prior to us dispatching the products. We normally dispatch products within 1 business day of receiving an order (unless noted otherwise) so you need to cancel quickly if you want to receive a refund. The best way to get in touch with us quickly is via email at the email address at the end of these Terms. If the products have already been dispatched then you must promptly reimburse us for the costs we incur, including return shipping and re-stocking. We will inform you of these costs.
Delivery, title and risk
If possible, we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. If you need to change the delivery date or delivery address, please notify us immediately in writing.
We may deliver the products to your delivery address using a range of delivery methods. If you will not be home at the expected delivery time, we recommend you nominate a cool, safe place near your front door, and you provide us authority to leave products at this place. Title to the products will remain with us until you have paid us the Costs in full in accordance with these Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
If your pet is not 100% satisfied with the taste of our products, let us know! Just make sure that:
a) you have provided the proof of purchase and you purchased the products within 14 days prior to the request for a refund;
b) the products are in their original condition and have not been opened, consumed, damaged or tampered with;
c) the products are not fresh food items, including items which spoil quickly or which by their nature are not suitable for return; and
d) a return form has been completed.
We will not cover the costs of delivery or re-delivery for a change of mind return and you must cover these yourself.
All returns should be sent to the address at the end of these Terms. We recommend you send any returns by registered post as we will not be responsible for lost returns. Once we have examined the products and your request, we will notify you of our determination by email. Please allow for up to 5 business days to process claims. Any refunds will be made via the payment method used to purchase the products.
Australian Consumer Law
Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Costs of the relevant product. Please contact us for further information.
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with these Terms and the products) will at all times vest, or remain vested, in us.
You must not, without our prior written consent:
a) copy or use, in whole or in part, any of our intellectual property;
b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
c) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site, for example through forums or reviews. By making available any User Content on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of the Site.
You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of the Site will infringe a third party’s intellectual property rights or be in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Despite anything to the contrary, to the maximum extent permitted by law:
a) our maximum aggregate liability arising from or in connection with these Terms (including the products and/or the subject matter of these Terms) will be limited to, and must not exceed the portion of the Costs paid by you to us for the products the subject of the relevant claim; and
b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
a) loss of, or damage to, the products, or any injury or loss to any person;
b) failure or delay in providing the products; or
c) breach of these Terms or any law,
where caused or contributed to by any:
a) event or circumstance beyond our reasonable control; or
b) act or omission of you or your related parties,
c) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
You acknowledge that the products displayed on the Site may not be an exact sample and are indicative only, and that the products you receive may vary from those displayed based on availability. You are solely responsible for determining the suitability of our products for your pet, including with regard to your pet’s dietary requirements.
We may disclose that information to third party service providers who help us deliver our services (including our delivery providers, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
Photographs: If you provide us with photographs of the products including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Entire agreement: These Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of Victoria, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us at:
Petzyo Group Pty Ltd ABN 44 639 785 872
Address: 76 Clarke Street South Melbourne 3205