WEBSITE TERMS AND CONDITIONS OF USE
About the Website
a) Welcome to https://www.fureverafter.com.au (the 'Website'). The Website provides information about cremation and memorial services and products (the 'Services ').
b) The Website is operated by FurEver After Pet Cremation (ABN 67 146 148 361). Access to and use of the Website, or any of its associated Products or Services, is provided by FurEver After Pet Cremation. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
c) FurEver After Pet Cremation reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FurEver After Pet Cremation updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FurEver After Pet Cremation in the user interface.
Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
Electronic funds transfer ('EFT ') into our nominated bank account
Credit/Debit Card Payment ('Credit/Debit Card')
All credit/debit card payments made for purchase of the Product and/or Services are made using Square or Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Square terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that FurEver After Pet Cremation can vary the Services Fee at any time.
FurEver After Pet Cremation will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Product or Services or if the manager of FurEver After Pet Cremation makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
Copyright and Intellectual Property
The Website, the Services and all of the related products of FurEver After Pet Cremation are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by FurEver After Pet Cremation or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by FurEver After Pet Cremation, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
a) use the Website pursuant to the Terms;
b) copy and store the Website and the material contained in the Website in your device's cache memory; and
c) print pages from the Website for your own personal and non-commercial use.
FurEver After Pet Cremation does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by FurEver After Pet Cremation.
FurEver After Pet Cremation retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of FurEver After Pet Cremation and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
b) Subject to this clause, and to the extent permitted by law:
i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
ii) FurEver After Pet Cremation will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" withoutwarranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FurEver After Pet Cremation make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of FurEver After Pet Cremation) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
iii) costs incurred as a result of you using the Website, the Services or any of the products of FurEver After Pet Cremation; and
iv) the Services or operation in respect to links which are provided for your convenience.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.