Terms of service
Website Terms and Conditions
These Website Terms and Conditions apply to use of, and access to, https://shepherdaustralia.com (“Domain”) and all associated pages, applications, and resources (“Shepherd Australia Website”). If you do not agree with these Website Terms and Conditions you must not use or access any page, application, or resource accessible through the Shepherd Australia Website.
By using or accessing a page, application, or resource through the Domain you accept the following terms and conditions and enter into an agreement with Performance K9 Pty Ltd ABN 69 658 085 413 (“Agreement”).
In this Agreement there are terms and conditions that apply to specific functionality with the Shepherd Australia Website, or apply when you interact with the Shepherd Australia Website in particular ways. An example of which is submitting information using the contact page. The terms and conditions relating to use of the Shepherd Australia Website are contained in this document, which must be read in conjunction with:
our Privacy Policy, which is available at https://shepherdaustralia.com/privacy; and
each other document included by reference in these Website Terms and Conditions, if any.
Definitions
In this Agreement the defined terms in the Glossary corresponding meaning unless repugnant to the context.
Term and termination
This Agreement begins upon your acceptance of these Website Terms and Conditions and continues until terminated, or it otherwise ends in accordance with these Website Terms and Conditions.
You accept the Website Terms and Conditions upon the earliest of the following events:
You, or any device that you control, requests any Content from the Shepherd Australia Website;
You, or any device that you control, receives Content from the Shepherd Australia Website;
You access a page on, or related to, the Domain using a web browser or an App;
Products or Services from us through the Shepherd Australia Website;
You receive any Products or Services from us through the Shepherd Australia Website;
You sign up for a User Profile and check the checkbox that indicates that you agree to the Website Terms and Conditions;
You check any other checkbox that indicates that you agree to the Website Terms and Conditions;
You otherwise access the Shepherd Australia Website, including without limitation through a third party website or application, as the case may be.
This Agreement will automatically end upon the last of all of the following circumstances taking effect:
you cease to access our Content;
you no longer possess any of our Content; and
you do not have an active User Profile.
This Agreement may be suspended or terminated in accordance with clause 13.
Conditions of use
We may vary these terms and conditions or impose new terms and conditions on your use of the Services or the Shepherd Australia Website at any time, by a notice published on your User Profile or on the Shepherd Australia Website, or otherwise by notice to you in accordance with your User Profile preferences. We may also change any policies incorporated by reference under this clause.
We may add features or update the Services from time to time. You may be required to agree to additional terms or other requirements in order to use such additional features or Services.
Nothing in this clause 3 is to be read as limiting our rights in administering the Shepherd Australia Website, or methods that we may use to control the features available to you, or our provision of Services to you, through the Shepherd Australia Website.
We may contact you by post, phone, sms, or email using the details that you provide to us from time to time. Without limitation, we may contact you regarding marketing and promotions of our Products and Services (unless you request otherwise in writing); and we may contact you in relation to any order, or in relation to your User Profile, if any.
Your obligations
Positive obligations
You must act in accordance with the policies or rules that we publish from time to time that relate to your use of the Services or the Shepherd Australia Website (such as content and publishing, data capture, sale of products and services and delivery, system communication, and merchant and payment processing). All of our rules and policies (other than our privacy policy) can be accessed at https://shepherdaustralia.com/policies.
You must notify us if you believe that your User Profile has been accessed without your authority.
You must take reasonable measures to prevent any unauthorised person from accessing the Shepherd Australia Website, your User Profile, or any other Services we provide using your User Profile credentials. You are responsible for any damage caused or fees incurred by any such person(s).
You must allow us to make changes to your User Profile or Content that we deem necessary.
You are responsible for the Content, integrity and conduct of your User Profile on the Shepherd Australia Website.
Negative obligations
You must not use your User Profile or the Shepherd Australia Website to upload, transmit, communicate, or record information about any other person.
You must not upload or publish any Content that is unlawful, unsuitable for general viewing or consumption, obscene, defamatory, in breach of any advertising standards, or in breach of any person’s privacy or other human rights.
You must not:
reverse engineer, reverse assemble or reverse compile the Shepherd Australia Website or any part of it;
combine or incorporate the Shepherd Australia Website in any other program or system without our prior consent in writing;
copy the Shepherd Australia Website, or any Content contained on it belonging to a person other than you, in whole or in part.
Provision of Services through the Shepherd Australia Website
Our provision of any Services to you through the Shepherd Australia Website is subject to the terms of this Agreement.
Service limitations
The Shepherd Australia Website is hosted by a third party service provider and we do not guarantee that your access to it will be continuous or error free. If you have having any difficulties accessing the Shepherd Australia Website or your User Profile, please check the following hosting status page: https://www.shopifystatus.com/
The Payment Processor is a third party and we do not guarantee that this service will be continuous or error free.
We are not responsible for support, back-ups, or disaster recovery, in any way.
Sale and purchase of goods
If we offer a pre-order for any of our Products, the expected lead time will be stated in the description or accompanying information for those Products. A purchase of such Product is subject to that lead time, and any delays which occur in the supply chain.
We only keep limited stock of our Products, and we may have your products made to order. For any product that is not in stock, the expected lead time relating to products on offer through the Shepherd Australia Website is at least 8 weeks from the date of our receipt of your payment for the order, unless specified otherwise.
All our products are delivered by Australia Post or courier (unless we offer, and you choose another option during checkout), and the costs of delivery do not include insurance unless specifically stated otherwise in relation to the option you choose for delivery.
We are not responsible for damage to products sustained during delivery. If you receive a parcel from us that is damaged, please ensure that you have the courier note the damage, and inspect the products before taking delivery of, or signing for them. If you receive any products from us that are damaged, please contact us immediately at the contact details provided.
Our Products come with written warranties, and your purchase of our Products are subject to the terms and conditions of our Warranty Against Defects, as applicable at the relevant time. Except as required by law, no other warranties apply to our products. We may exclude a product from our Warranty Against Defects by expressly noting on the Product and related materials that our Warranty Against Defects does not apply.
Payment Processor
We do not receive or store any credit card information through the Shepherd Australia Website. All credit card information is processed securely by the Payment Processor.
If you do not want to use the Payment Processor to pay for our goods or services through the Shepherd Australia Website, you may request an alternative payment method by contacting us at info@shepherdaustralia.com. Fulfilment of any such request is at our sole discretion, and, we reserve the right to charge an administration fee for any such request.
Reversed transactions
If the Payment Processor reverses a transaction conducted on the Shepherd Australia Website, then you remain liable to pay for all fees and charges that were included in that transaction. You must also reimburse us for any additional fees and charges incurred by us relating to the reversal of any such transaction.
Right to subcontract
We may appoint employees, sub-contractors, or agents to provide some or all of the Services; and such entities are bound by the same obligations as us. It is our responsibility to ensure such entities comply with this Agreement.
Intellectual property
Content and Third Party Intellectual Property
You (or where applicable, the third party owner) retain ownership of all Content you upload to your User Profile, if any; and such rights are not assigned or transferred under this Agreement.
You grant us a perpetual, irrevocable, royalty-free licence to use, copy, modify or adapt the Content as reasonably necessary to perform our rights and obligations under this Agreement, including the right to grant sub-licences where reasonably necessary.
You warrant that you have full right, title and interest, or the legal right and authority, to grant the licence granted in clause 11.2, and that our use or modification of the Content in accordance with this Agreement will not infringe upon any third party Intellectual Property Rights.
Shepherd Australia Website
We own, or are licensed to use, all components of the Shepherd Australia Website.
Grant of licence
Subject to your continued compliance with these Website Terms and Conditions, for the duration of this Agreement we grant you a licence to use the Shepherd Australia Website as contemplated by these Website Terms and Conditions and any policy published by us from time to time. All such policies are incorporated by reference.
Privacy
We may use your contact details to promote new Services and Product offers to you from us or our affiliates, or to notify you about important changes to the Shepherd Australia Website, subject to our Privacy Policy which is incorporated by reference.
Our Privacy Policy can be accessed at this link: https://shepherdaustralia.com/privacy.
We may change the terms of the Privacy Policy form time to time in accordance with this Agreement. If you do not agree with the changes that we make to the Privacy Policy you may end this Agreement in accordance with clause 13 of this Agreement. The provisions of the Privacy Policy in force at the time of your written notice will continue to apply until this Agreement is terminated.
Suspension and Termination
Suspension
We may conduct scheduled or mission critical maintenance of the Shepherd Australia Website during which time the Services may be interrupted. We will give you reasonable notice of such maintenance where possible and make all reasonable efforts to keep any disruption to a minimum.
We may suspend the Services and disable access to your User Profile at any time and give you a written notice of default if:
you do not make any payment when due, or any payment is dishonoured or subject to chargeback; or
we have reason to suspect illegal or unethical activity in relation to your data or Content; or
in our reasonable opinion your Content, conduct, data, network, software or equipment may cause damage to any person or property; or
you do not comply with any of the terms and conditions contained within this Agreement, including any of your obligations.
If we suspend our Services to you, we may notify any Payment Processor in this regard, and you authorise us to receive any information from the Payment Processor about the status of your account, or any outstanding obligations, that you have with them, if any.
Termination
We may terminate this agreement at any time and take the Shepherd Australia Website offline.
Consequences of termination
Upon termination of this Agreement for any reason, in addition to any other rights or remedies:
we may immediately disable your access to the Shepherd Australia Website and take your User Profile offline;
if you have an amount that is unpaid to us, then we may send you an invoice and you must pay that invoice within 3 business days, further if you do not pay such invoice in accordance with this clause, time being of the essence, you authorise us to process payment using any credit card that you previously used to pay us;
your licence to use the Shepherd Australia Website immediately ends;
we may, but need not, keep all data and Content uploaded by you to the Shepherd Australia Website for our records;
we may destroy any data and Content uploaded by you to the Shepherd Australia Website;
we may continue to send you information about our Services, and other marketing information; and
a Party not in default may pursue any other rights or remedies available at law against a defaulting Party subject to clause 15.
Indemnity & limitation of liability
Indemnity
You agree to release and hold Performance K9 Pty Ltd harmless against any action, proceeding, claim, demand or prosecution relating to any downtime, interruption, loss of data, or consequential loss of any kind whatsoever, whether directly or indirectly arising in connection with the Services.
You release and indemnify, and agree to keep Performance K9 Pty Ltd indemnified against any action proceeding, claim, demand, or prosecution relating to:
any breach of your warranties under this Agreement; and
any loss or damage to persons or property (including data), caused by your Content.
Limitation of liability
Subject to clauses 15.4 and 15.5, any liability of Performance K9 Pty Ltd for any loss or damage, however caused (including, without limitation, by the negligence of Performance K9 Pty Ltd), suffered by you in connection with this Agreement is limited to the amounts paid by you to Performance K9 Pty Ltd in relation to the Products and Services.
Except as contemplated by clause 15.5, nothing in this Agreement is intended to limit any rights you have under the Competition and Consumer Act 2010 (Cth).
If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Performance K9 Pty Ltd in connection with this Agreement and Performance K9 Pty Ltd’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 15.3 does not apply to that liability and instead Performance K9 Pty Ltd’s liability for such failure is limited to (at Performance K9 Pty Ltd’s election):
in the case of a supply of goods, Shepherd Australia Website replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
in the case of a supply of services, Performance K9 Pty Ltd supplying the services again or paying the cost of having the services supplied again.
In this clause 15 a reference to consequential losses means any indirect, special, economic, or consequential loss including loss of revenue, profits, goodwill, bargain or opportunities that you suffer in any way, even if we knew or should have known about the possibility of such loss.
General
Costs
You are responsible for all duties, charges and legal fees (on a solicitor and own client basis) incurred in enforcing this Agreement.
Currency and Taxation
Unless otherwise stated, all monetary amounts for products sold in Australia are expressed in Australian dollars inclusive of GST.
Unless otherwise stated, all monetary amounts for products sold elsewhere are expressed in US dollars exclusive of any taxes, duties, or other imposts.
Enduring Clauses
The Parties’ obligations under Clauses 11, 12, 14, and 15 shall survive the termination of this Agreement for whatever reason.
Entire agreement
This Agreement contains the entire agreement between the Parties and supersedes all previous negotiations or agreements in relation to the Services.
Force majeure
Neither Party is liable for any delay or failure to perform its obligations under this Agreement to the extent that such failure is caused by a Force Majeure Event. Nothing in this clause excuses payment of money due.
Jurisdiction
The laws of the State of Queensland apply to this Agreement; and the parties submit exclusively to the courts of that jurisdiction.
Relationship between the Parties
Nothing in this Agreement constitutes a partnership or contract of employment. It is the express intention of the parties to deny any such relationship.
Representatives, Successors and Assigns
You must not assign or novate this Agreement in whole or in part.
We may assign or novate this Agreement in whole or part at our sole discretion.
Severability
If any provision of this Agreement is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions.
Waiver
Any delay or failure to enforce any rights in relation to a breach by the other Party will not be construed as a waiver of those rights.
Glossary
- App
- A software application.
- Shepherd Australia, us, our, or we
- Performance K9 Pty Ltd trading as Shepherd Australia
- Content
- Any information reduced to material form (including where such information is stored electronically), and includes without limitation any script, code, text, image, media, or content determinable through MIME and MIME type definitions, as the case requires.
- Electronic Transaction
- An electronic transaction conducted through the Shepherd Australia Website, including a payment made through any of the following methods::
- Credit Card;
- Debit Card;
- Prepaid payment card; or
- Any other electronic payment method agreed by Shepherd Australia.
- Intellectual Property Rights
- All industrial and intellectual property rights including, without limitation, patents, trade marks, copyrights, circuit layout rights, right to extract information from databases, design rights, trade secrets, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them) other than moral rights.
- Party
- A party to this Agreement.
- Payment Processor
- A third party payment processor that facilitates Electronic Transactions on the Shepherd Australia Website. At the date of these Website Terms and Conditions this service is provided by Shopify Payments
- Privacy Policy
- Our privacy policy, which is available at https://shepherdaustralia.com/privacy
- Product
- Any goods available for sale, or sold, on the Shepherd Australia Website.
- Services
- Any service delivered by Shepherd Australia through the Shepherd Australia Website. A reference to Services includes a reference to Products, unless specifically noted otherwise.
- User Profile
- A user account on the Shepherd Australia Website with a username and password that provides additional functionality and interaction with the Shepherd Australia Website.
- User, you, or your
- The person accessing the Shepherd Australia Website.
- Website Terms and Conditions
- This document including any other document included by reference, if any.