TERMS & CONDITIONS

OVERVIEW

This website is operated by Aunty Jo’s Canine Catering Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Aunty Jo’s Canine Catering Pty Ltd. Throughout this site, the terms “you”, and “your” refers to you as the Customer. Aunty Jo’s Canine Catering Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and  or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any or our products or services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our Services and Products

Reference to our “Product” is limited to the range of products provided for sale on our site. Reference to our “Service” is limited to:

(a) the home delivery of our Product; and

(b) any written or oral correspondence with you regarding your animal’s consumption of the Product.

You acknowledge that our Products and Services are provided on a general and non-specialist basis.  You acknowledge that the provision of our Product and or Services in no way implied or otherwise constitutes veterinary, dietetic, or other specialist advice. It is recommended that you obtain veterinary, dietetic, or other specialist advice prior to or in conjunction with our Products and or Services.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services with or without notice to you.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. You should not rely on this information in place of veterinary, dietetic, or other specialist advice.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We do not guarantee that your computer monitor’s display of any colours will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 – Customer Due Diligence

It is recommended that you obtain specialist veterinary, dietetic or other specialist advice prior to or in conjunction with our products and services. By agreeing to these Terms and Conditions, you acknowledge that our product may not suit your animal’s specific dietary requirements. You further acknowledge that the provision of our product and or services in no way implied or otherwise constitutes veterinary, dietetic, or other specialist advice. By engaging our product and services you acknowledge that you have conducted due diligence as required (non-exhaustively) by these terms and conditions to satisfy that our product is suitable for your specific animal.

SECTION 7 Delivery Policy – Your Obligations as the Customer

You acknowledge that:

  • (a) legal risk in the product passes to you upon delivery on the date as outlined in the product order;
  • (b) upon ordering the product, you agree to be home to accept delivery of the product on the delivery date (“Attended Delivery”);
  • (c) if you are not home to accept delivery, you agree that we may effect delivery by leaving the product at the address for delivery unattended (“Unattended Delivery”);
  • (d) in the event of Unattended Delivery:
  •    (i) you agree to leave an esky containing an ice brick clearly visible in a shaded area whereby we may safely delivery and leave the product unattended. If you do not own an esky, this can be purchased from our store at checkout.
  •    (ii) if you fail to adhere to term 7(d)(i) above, you acknowledge that we may effect delivery by leaving the product at the address for delivery (whether or not a shaded area is provided).
  • (e) you acknowledge that in the event of Unattended Delivery, should you fail to comply with your obligation at term 7(d)(i), the product may become contaminated by harmful bacteria and should this occur:
  •    (i) you acknowledge that the product is no longer fit for animal consumption;
  •    (ii) you waive all right to refund pursuant to our Refund Policy;
  •    (iii) you agree to waive any recourse against us at whether based in contract, tort (including negligence), equity, under statute, strict liability or otherwise; and
  •    (iv) you agree to indemnify us for any consequential loss or damage arising from the contaminated product.
  • (f) you acknowledge that in the event of Attended Delivery or Unattended Delivery (whereby you comply with your obligation at term 7(d)(i)), you must
  •    (i) notify us within forty-eight (48) hours (“Defect Notice Period”) should you become aware that the product is contaminated and or otherwise not for animal consumption. We are required to inspect the product and when necessary, provide refund of your purchase.
  • (g) you acknowledge that in the event of Attended Delivery or Unattended Delivery, you must:
  •    (i) ensure that any dogs or other animals within the property are secured to prevent contact of any kind with our authorised delivery drivers on delivery of the product. Should you fail to comply with this obligation, you agree:
  • A. to compensate any and all expenses arising from harm suffered to the authorised delivery drivers as may arise;
  • B. that we are not liable under any circumstance if your dog or animal escapes your property, becomes lost, or is injured in any manner whatsoever as a result; and
  • C. that our authorised delivery driver, in their sole discretion, may choose to not enter your premises should they believe that due to an unsecured animal their safety is at risk. In such event, delivery will be deemed to have been effected and refund under our Refund Policy will not be provided.
  • (h) Should you fail to notify us that the product is contaminated and / or otherwise not fit for animal consumption at all or provide notice outside the Defect Notice Period, you are deemed to accept delivery of the product.

SECTION 8 – ACCURACY OF BILLING, ACCOUNT INFORMATION AND

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and or billing address and or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 9 – REFUND POLICY

Subject to Section 7 – Your Obligations as the Customer, we will refund or replace any product if, upon inspection, it is found to be spoiled at the time of delivery to the customer. Please contact us via phone or email to discuss this within the Defect Notice Period. The product will need to be retained for examination. You acknowledge that should you notify us outside the Defect Notice Period, you waive your right to refund of the product.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction and at our sole discretion, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Information on our website is provided in good faith on an ‘as is’ basis. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, in good faith and without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Aunty Jo’s Canine Catering Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), equity, under statute, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Aunty Jo’s Canine Catering and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitor (or other legal) fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

Your obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services. Upon Termination, no further products or services will be provided buy us to you. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. You will be taken to have to have accepted these terms and conditions if you order, accept, pay or otherwise engage us for any services or products provided now or on an ongoing or recurring basis.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with State and or Federal laws and be enforceable by a court of competent jurisdiction.

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@auntyjos.com.au

Contact Information

Sunshine Coast, Moreton Bay

jo@auntyjos.com.au

0402 917 479

ALL OUR BARF MEALS AND FRESH MEATS ARE PRESERVATIVE FREE WITH NO ADDITIVES. BARF MEALS ARE MADE LOCALLY IN SOUTH EAST QUEENSLAND BY CANINE COUNTRY PET FOOD.