Terms & Conditions
These Terms and Conditions ("Terms") govern your purchase and use of our physical product, website, mobile application (“App”), and services provided by Sitekee Pty Ltd trading as Animail (ABN 71 641 888 726) ("we", "us", or "our"). By purchasing and using our product, website, App, and services, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using our website, App, products, and services.
1. Purchase
1.1 You may purchase our product through our website, App or from a store.
1.2 By purchasing our product, downloading, browsing, accessing or using this Animail mobile App, you agree that you are 18 years old and have the legal capacity to, read, understood and agree to be bound by these Terms and Conditions (“the Terms”).
1.3 All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason at any time, including but not limited to product availability, pricing errors or suspected fraud.
1.4 We reserve the right, in our sole discretion, to make any amendments to the Terms at any time, and for any reason. We will alert you about any changes by updating the date of the Terms, publishing it on our website and you waive any right to receive specific notification of each such change.
1.5 You acknowledge that in order to access and use the App you are required to create an account through the App (“Account”).
1.6 You acknowledge that you will be charged a subscription fee for the App your details will remain active within Animail unless you notify us in writing that you wish to de activate your Account accordingly.
1.7 The services available to you via the App are outlined to you at the time of registering your Account.
1.8 You acknowledge that unless you notify us of your desire to cancel your Account and access to the App, your details will be keep in the system.
1.9 If you do not pay the subscription fee for the App your access will be removed to the App and any other services without notice.
2. Use of the product
2.1. Our product is for use on animals only. You must use the product strictly in accordance with the instructions provided on our website, App and product packaging.
2.2. We make no representations or warranties as to the suitability of the product for any particular animal or use. You must consult with a veterinarian or other qualified professional before using the product on any animal.
2.3. You are solely responsible for the safety and well-being of the animal while using the product. You must cease using the product immediately if you notice any adverse reaction.
2.4. The user acknowledges that any location information provided within the App regarding the location of your lost pet may be inaccurate or may not be provided at all.
2.5. The user acknowledges that any person finding your lost animal may not be able to tap the tag, or may not be able or equipped to use the App.
2.6. Once set up, the product / tag should not be transferred to another pet.
3. Warranty
3.1. We warrant that our product will be free from defects in materials and workmanship for a period of 12 months from the date of purchase (warranty period). If any defects arise within the warranty period, we will repair or replace the defective product at no cost to you.
3.2. This warranty does not cover:
i. defects or damage caused by misuse, abuse or neglect;
ii. defects or damage caused by improper installation or maintenance; or
iii. normal wear and tear.
3.3. To make a warranty claim, you must provide us with proof of purchase and a detailed description of the defect. We reserve the right to inspect the product and determine the cause of the defect.
4. Intellectual Property
4.1. All intellectual property in our website, App, product and services, including but not limited to copyrights, trademarks, trade names, logos, service marks, source code, databases, functionality, software, website designs, audio, video, text, photographs, illustrations, artworks and graphics are owned or controlled by us or licenced to us and are protected by copyright and trademark laws.
4.2. You may not use our intellectual property without our prior written consent.
4.3. No part of the App, website or product and no content within the App may be copied, reproduced, aggregated, uploaded, republished, posted, publicly displayed, translated, transmitted, encoded, distributed, licenced, sold or otherwise exploited for commercial purposes whatsoever, without our express prior written consent.
5. Your Obligations
5.1. You:
i. Will use our products, website and App for a proper purpose and in accordance with the instructions on the product packaging, website and App;
ii. Must ensure all registration information you submit through the App is true, accurate, current, and complete;
iii. Must maintain the accuracy of such registration information and promptly update such information as necessary;
iv. Must ensure all documents uploaded to the App are accurate and current;
v. Must maintain the accuracy of any documents uploaded and promptly update these if and when necessary;
vi. Must not use the App for any illegal or unauthorised purposes;
vii. Must not use the App to upload, depict or promote offensive or illegal material, speech or behaviour;
viii. Must not use the App to display or promote racism, hatred, bigotry or any other violent or offensive material or behaviour;
ix. Must ensure that your use of the App will not violate any Applicable law or regulation;
x. Must not access or use the App for any purpose other than for what we make the App available for;
xi. Must not decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the App;
xii. Must not make any modifications whatsoever to the App;
xiii. Must not use the App for creating a product, service or software that is directly or indirectly competitive with or in any way a substitute for the App.
6. Our Rights
6.1. We:
i. Reserve the right to monitor the App for violations of the Terms;
ii. May take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms;
iii. May, in our sole discretion and without limitation, remove any material uploaded or posted in the App that we believe violates the law or these Terms without notice or liability;
iv. May, in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable the App as a consequence of a breach of the Terms or for any reason at our absolute discretion;
v. May remove the App or otherwise disable any and all files and content in our sole discretion and without limitation, notice, or liability;
vi. May otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
vii. May suspend your access to your Account and the App for any reason.
7. Disclaimer
7.1. You agree that your use of the App, the product and the services provided will be at your sole risk
7.2. We make no representations or warranties regarding the accuracy or completeness of the App’s content, any documents stored or viewed within the App, or the content of any websites linked to this App or the services provided in the App and we will assume no liability or responsibility for:
i. Any errors, mistakes, or inaccuracies of content and materials contained in the App;
ii. Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the App or the services provided by the App;
iii. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
iv. Any interruption or cessation of transmission to or from the App including any bugs or viruses or the like which may be transmitted thought the App by any third party; and/or
v. Any errors or omissions in any content or material or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App.
7.3. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
7.4. We do not claim ownership over any material you upload to the App, however by uploading and submitting the material to the App you grant us an irrevocable, non-exclusive, royalty free, and world wide licence to use the material.
8. Exclusion and limitation of liability
8.1. To the maximum extent permitted by law, we will not be liable to you or any third party for any indirect, incidental, special, consequential or punitive damages arising out of or in connection with your use of our product, website or App, including but not limited to any damage to you or the animal using the product, loss of profit, loss of business or loss of data.
8.2. We will not be responsible if your animal is lost and the App or product fails to function.
8.3. We do not warrant that the App, website and products will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the App will not be affected by any acts of God or other force majeure events.
8.4. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the App, the product or the website or associated services.
8.5. We are not intended to support or carry Emergency Alerts to any Emergency Services or to directly or indirectly act as an emergency broadcast services product. Neither we nor our representatives will be liable for any claim, damage, loss, injury, or wrongful death and you will hold us harmless against any and all such claims arising from or relating to the inability to use the App to contact Emergency Services or to use the App as an emergency services broadcast platform.
8.6. Location services accessed through the App may be inaccurate and you assume all responsibility and risk when using this service on the App and exempt us and our agents for all and any liability when using the location services available through the App.
8.7. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal costs and expenses, made by any third party due to or arising out of:
i. your use of the App, the product and website;
ii. your breach of these Terms; and
iii. your violation of the rights of a third party, including but not limited to intellectual property rights;
8.8. Our liability to you connected with your use of our website, App or product will not exceed the amount you paid for product or Purchase Fee.
9. Confidentiality and Privacy Policy
9.1. We are committed to respecting your right to privacy and protecting your personal information.
9.2. Our privacy policy is published on our website at https://www.animail.pet/privacy-policy.
10. Term and Termination
10.1. We may terminate your use of our App, product or services (including our website) at any time and or any reason without notice. Upon termination you must immediately cease using our product, App and website.
11. No Waiver
11.1. At no time or other indulgence granted by us to you or any variation of these Terms or any judgment or order obtained by us against you will not in any way amount to a waiver of any of our rights or remedies in relation to the App, product or website or your use of the App, product or website.
12. Severability
If a court, arbitrator, tribunal or other competent authority determines that a word, phrase, sentence, paragraph or clause contained in these Terms is unenforceable, illegal or void then it must be severed and the other provisions of these Terms will remain operative
13. Governing Law and Jurisdiction
These Terms and your use of our product, website and App are governed by the laws of Victoria. Any dispute arising out of or in connection with the product, App, website or these terms will be subject to the exclusive jurisdiction of the State of Victoria.
14. Contact
14.1. If you have any questions or concerns about the Terms or your use of our product, services and App, please contact us at info@animail.pet.
14.2. By purchasing our product, App or using our website you acknowledge that you have read, understood and agree to these Terms.
