Terms of Use

 

DOMUTS – WEBSITE TERMS OF USE

This website and its contents (Site) is operated by DOMUTS – Domuts and Co Pty Ltd, 34 635 519 023 (Domuts, we, our or us).  It is available at: www.domuts.com.au and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date to the fullest extent permitted by law.

Purpose: This Site sells specially made donut products for dogs (Products). More information about the Products can be found here: https://www.domuts.com.au/faq.

Orders: The placement of an order by you constitutes an offer by you. We will email you confirming the details of your offer. A confirmation email however does not in any way constitute acceptance of your offer by us. Our agreement with you comes into existence when we accept your payment and process your order. We may, in our absolute discretion, permit you to cancel your order if it has not been fully processed by us. We will only dispatch orders once we are satisfied that that we have received full payment.

We reserve the right in our absolute discretion at any time to subsequently not accept any offer despite emailing a confirmation, or cancel, amend or revise any orders, or not provide goods or services. Without limiting the operation of any other Terms of Use herein, we will not be held liable for loss or damage arising from the exercising of these rights, including but without limitation to, any loss or damage caused by the late delivery or cancellation of an order or a Product or service or amendment or revision of any order.

Cancellations are generally not permitted once orders are placed. If you have any queries in this regard please contact us at contact@domuts.com.au

Any delivery times indicated by us are estimates only. We make no guarantee that the Products will be received by the estimated time. You are responsible for entering the correct delivery details at time of ordering. We accept no responsibility for late, lost or misdirected deliveries due to incorrect delivery details. You are responsible for any costs associated with resending the order to the correct address, if the Products are not lost.

You are responsible for contacting us should the order not be received.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a)   anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b)   using our Site to defame, harass, threaten, menace or offend any person;

(c)    interfering with any user using our Site;

(d)   tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)   using our Site to send unsolicited email messages; or

(f)    facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. 

Information: This Site and the Content is provided on an “as is” basis.    While we use reasonable attempts to ensure the accuracy and completeness of the Content at the time of its publication, we make no representation or warranty in relation to it, and we do not accept responsibility for any error, omission or defect in the Content, to the maximum extent permitted by law.

We will make reasonable efforts to provide accurate descriptions of our Products and pricing. All prices quoted and displayed on the Site, are current at the time of display, but are subject to variation without notice.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a)        copy or use, in whole or in part, any Content;

(b)        reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)         breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our 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, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

(a)        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

(b)        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 our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result 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.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a)   they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)   access will be uninterrupted, error-free or free from viruses; or

(c)    our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Domuts, its affiliated companies or their respective directors, employees, agents and contractors) will we, our affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Site.

You acknowledge that the Products are not for human consumption. It is your responsibility to check the ingredients list in the FAQ section in respect to the suitability of the Products for your pet. We do not guarantee that any Products are free of allergens. You accept use of the Products on your pets at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date,  and make no representation or warranty of any kind, express or implied regarding the Content or availability of the Site or the products, or that defects will be corrected.

To the extent permitted by law and subject to the operation of the Australian Consumer Law, Domuts expressly disclaims all warranties and conditions regarding any portion of the Site and the Products, including but not limited to implied warranties and conditions of fitness for a particular purpose, merchantability, and all responsibility for any loss, injury claim, damage of any kind whatsoever, including arsing from:

(a)            the supply of the Products;

(b)            errors on the Site, including technical errors;

(c)            any third party content accessed through the Site;

(d)            the unavailability of Products or any portion;

(e)            viruses or system malfunction which may occur in connection with the Site.

To the extent permitted by law, we shall have no liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use or inability to use the Site or the Products. To the extent permitted by law Domuts is liable to you, then the aggregate liability is limited the cost of the Products you paid for.

To the maximum extent permitted by law, if any warranties are implied by law and cannot be excluded, our liability for any breach of those warranties are limited, at our option:

(a)            in the case of goods

1.  the replacement of the goods or supply of equivalent goods;

2.  the payment of the costs of replacing the goods or equivalent goods.

(b)            in the case of services

1.  the supply of the services again;

2.  the payment of cost of the supply of the services again

Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law as set out in Competition and Consumer Act, as well as any other implied warranties under similar consumer protection laws in the States and Territories of Australia.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.          

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of NSW. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

DOMUTS 55376906356

Email: contact@domuts.com.au

Last update: 15.10.2019