Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to www.owlandpussycatfarm.com.au (the ‘Website’). The Website

provides you with an opportunity to browse and purchase various products that

have been listed for sale through the Website (the ‘Products’). The Website

provides this service by way of granting you access to the content on the

Website (the ‘Purchase Services’).

(b) The Website is operated by The Owl & The PussyCat Farm Animal Sanctuary.

Access to and use of the Website, or any of its associated Products or Services,

is provided by The Owl & The PussyCat Farm Animal Sanctuary. 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) The Owl & The PussyCat Farm Animal Sanctuary reserves the right to review

and change any of the Terms by updating this page at its sole discretion. When

The Owl & The PussyCat Farm Animal Sanctuary 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.

2. Acceptance of the Terms

(a) 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 The Owl & The PussyCat Farm Animal Sanctuary in the user

interface.

3. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the

Website. As part of the registration process, or as part of your continued use of

the Purchase Services, you may be required to provide personal information

about yourself (such as identification or contact details), including:

(b) You warrant that any information you give to The Owl & The PussyCat Farm

Animal Sanctuary in the course of completing the registration process will always

be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered

member of the Website (‘Member’) and agree to be bound by the Terms. As a

Member you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with The Owl & The

PussyCat Farm Animal Sanctuary; or

(b) you are a person barred from receiving the Purchase Services under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Purchase Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase

Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(iii) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other

person may result in the immediate cancellation of the Purchase

Services;

(iv) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify The Owl &

The PussyCat Farm Animal Sanctuary of any unauthorised use of your

password or email address or any breach of security of which you have

become aware;

(v) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of The Owl & The

PussyCat Farm Animal Sanctuary providing the Purchase Services;

(vi) you will not use the Purchase Services or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members

by electronic or other means for the purpose of sending unsolicited email

or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Purchase Services. Appropriate legal action

will be taken by The Owl & The PussyCat Farm Animal Sanctuary for any

illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website,

you will agree to the payment of the purchase price listed on the Website for the

Product (the ‘Purchase Price’).

(b) Payment of the Purchase Price may be made through Stripe (the ‘Payment

Gateway Provider’). In using the Purchase Services, you warrant that you

have familiarised yourself with, and agree to be bound by, the applicable Terms

and Conditions of Use, Privacy Policy and other relevant legal documentation

provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by The Owl & The

PussyCat Farm Animal Sanctuary, you will be issued with a receipt to confirm

that the payment has been received and The Owl & The PussyCat Farm Animal

Sanctuary may record your purchase details for future use.

(d) The Owl & The PussyCat Farm Animal Sanctuary may, at their sole discretion,

provide a refund on the return of the Products within 30 days where the Product

packaging is unopened and remains in a saleable condition. You acknowledge

and agree that you are liable for any postage and shipping costs associated with

any refund pursuant to this clause.

6. Warranty

(a) The Owl & The PussyCat Farm Animal Sanctuary’s Products come with

guarantees that cannot be excluded under the Australian Consumer Law. You

are entitled to a replacement or refund for a major failure of the Product and

compensation for any other reasonably foreseeable loss or damage. You are

also entitled to have the Products repaired or replaced if the Products fail to be

of acceptable quality and the failure does not amount to a major failure (the

‘Warranty’).

(b) You may make a claim under this clause (the ‘Warranty Claim’) for material

defects and workmanship in the Products within 30 days from the date of

purchase (the ‘Warranty Period’).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide

proof of purchase to The Owl & The PussyCat Farm Animal Sanctuary showing

the date of purchase of the Products, provide a description of the Products and

the price paid for the Products by sending written notice to The Owl & The

PussyCat Farm Animal Sanctuary at 530 Crabbes Creek Rd, Crabbes Creek,

New South Wales, 2483 or by email at support@owlandpussycatfarm.com.au.

(d) Where the Warranty Claim is accepted then The Owl & The PussyCat Farm

Animal Sanctuary will, at its sole discretion, either repair or replace any defective

Products or part thereof with a new or remanufactured equivalent during the

Warranty Period at no charge to you for parts or labour. You acknowledge and

agree that you will be solely liable for any postage or shipping costs incurred in

facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by The Owl &

The PussyCat Farm Animal Sanctuary and shall be the sole and exclusive

remedy available to you in addition to other rights and under a law in relation to

the Products to which this warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for

use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Products nor to

the additional excluded items set forth below nor to any supplied Products where

the exterior of which has been damaged or defaced, which has been subjected

to misuse, abnormal service or handling, or which has been altered or modified

in design or construction.

7. Delivery

(a) You acknowledge that the Purchase Services offered by The Owl & The

PussyCat Farm Animal Sanctuary integrate delivery (the ‘ Delivery Services’)

through the use of third party delivery companies (the ‘ Delivery Service

Providers’).

(b) In providing the Purchase Services, The Owl & The PussyCat Farm Animal

Sanctuary may provide you with a variety of delivery and insurance options

offered as part of the Delivery Services by the Delivery Service Providers. You

acknowledge and agree that The Owl & The PussyCat Farm Animal Sanctuary is

not the provider of these delivery and insurance options and merely facilitates

your interaction with the Delivery Service Providers in respect to providing the

Delivery Services.

(c) In the event that an item is lost or damaged in the course of the Delivery

Services, The Owl & The PussyCat Farm Animal Sanctuary asks that you:

(i) contact the Delivery Service Provider directly to request a refund or to

claim on any insurance options available; and

(ii) contact us by sending an email to support@owlandpussycatfarm.com.au

outlining in what way the Products were damaged in transit so we are

able to determine if the Delivery Service Provider should be removed

from the Purchase Services.

8. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of The Owl &

The PussyCat Farm Animal Sanctuary 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 site content and compilation of the website (including text, graphics, logos,

button icons, video images, audio clips and software) (the ‘Content’) are owned

or controlled for these purposes, and are reserved by The Owl & The PussyCat

Farm Animal Sanctuary or its contributors.

(a) The Owl & The PussyCat Farm Animal Sanctuary retains all rights, title and

interest in and to the Website and all related content. Nothing you do on or in

relation to the Website will transfer to you:

(b) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of The Owl & The PussyCat

Farm Animal Sanctuary; or

(c) the right to use or exploit a business name, trading name, domain name,

trade mark or industrial design; or

(d) a system or process that is the subject of a patent, registered design or

copyright (or an adaptation or modification of such a system or process).

(e) You may not, without the prior written permission of The Owl & The PussyCat

Farm Animal Sanctuary 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 Content or third party content for

any purpose. This prohibition does not extend to materials on the Website, which

are freely available for re-use or are in the public domain.

9. Privacy

(a) The Owl & The PussyCat Farm Animal Sanctuary takes your privacy seriously

and any information provided through your use of the Website and/or the

Purchase Services are subject to The Owl & The PussyCat Farm Animal

Sanctuary’s Privacy Policy, which is available on the Website.

10. General Disclaimer

(a) You acknowledge that The Owl & The PussyCat Farm Animal Sanctuary does

not make any terms, guarantees, warranties, representations or conditions

whatsoever regarding the Products other than provided for pursuant to these

Terms.

(b) The Owl & The PussyCat Farm Animal Sanctuary will make every effort to

ensure a Product is accurately depicted on the Website, however, you

acknowledge that sizes, colours and packaging may differ from what is displayed

on the Website.

(c) Nothing in these 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.

(d) 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 these Terms are excluded; and

(ii) The Owl & The PussyCat Farm Animal Sanctuary 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 Purchase Services or

these Terms (including as a result of not being able to use the Purchase

Services or the late supply of the Purchase Services), whether at

common law, under contract, tort (including negligence), in equity,

pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of The Owl

& The PussyCat Farm Animal Sanctuary (including the Delivery Services), is at

your own risk. Everything on the Website, the Purchase Services, and the

Products of The Owl & The PussyCat Farm Animal Sanctuary, are provided to

you on an “as is” and “as available” basis, without warranty or condition of any

kind. None of the affiliates, directors, officers, employees, agents, contributors,

third party content providers or licensors of The Owl & The PussyCat Farm

Animal Sanctuaryincluding any third party where the Delivery Services are made

available to you) make any express or implied representation or warranty about

its Content or any products or Purchase Services (including the products or

Purchase Services of The Owl & The PussyCat Farm Animal Sanctuary) referred

to on the Website. This 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 Purchase Service, or any of its Content related products (including

third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase

Services or any of the Products;

(iv) the Content or operation in respect to links which are provided for the

User’s convenience;

(v) any failure to complete a transaction, or any loss arising from ecommerce

transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

(a) The Owl & The PussyCat Farm Animal Sanctuary’s total liability arising out of or

in connection with the Purchase Services or these Terms, however arising,

including under contract, tort (including negligence), in equity, under statute or

otherwise, will not exceed the most recent Purchase Price paid by you under

these Terms or where you have not paid the Purchase Price, then the total

liability of The Owl & The PussyCat Farm Animal Sanctuary is the resupply of

information or Purchase Services to you.

(b) You expressly understand and agree that The Owl & The PussyCat Farm Animal

Sanctuary, its affiliates, employees, agents, contributors, third party content

providers and licensors shall not be liable to you for any direct, indirect,

incidental, special consequential or exemplary damages which may be incurred

by you, however caused and under any theory of liability. This shall include, but

is not limited to, any loss of profit (whether incurred directly or indirectly), any

loss of goodwill or business reputation and any other intangible loss.

(c) The Owl & The PussyCat Farm Animal Sanctuary is not responsible or liable in

any manner for any site content (including the Content and Third Party Content)

posted on the Website or in connection with the Purchase Services, whether

posted or caused by users of the website of The Owl & The PussyCat Farm

Animal Sanctuary, by third parties or by any of the Purchase Services offered by

The Owl & The PussyCat Farm Animal Sanctuary.

(d) You acknowledge that The Owl & The PussyCat Farm Animal Sanctuary does

not provide the Delivery Services to you and you agree that The Owl & The

PussyCat Farm Animal Sanctuary will not be liable to you for any special, indirect

or consequential loss or damage, loss of profit or opportunity, or damage to

goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by The Owl &

The PussyCat Farm Animal Sanctuary as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying The Owl & The PussyCat Farm Animal Sanctuary at any time;

and

(ii) closing your accounts for all of the Purchase Services which you use,

where The Owl & The PussyCat Farm Animal Sanctuary has made this

option available to you.

(c) Your notice should be sent, in writing, to The Owl & The PussyCat Farm Animal

Sanctuary via the ‘Contact Us’ link on our homepage.

(d) The Owl & The PussyCat Farm Animal Sanctuary may at any time, terminate the

Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any

provision;

(ii) The Owl & The PussyCat Farm Animal Sanctuary is required to do so by

law;

(iii) the partner with whom The Owl & The PussyCat Farm Animal Sanctuary

offered the Purchase Services to you has terminated its relationship with

The Owl & The PussyCat Farm Animal Sanctuary or ceased to offer the

Purchase Services to you;

(iv) The Owl & The PussyCat Farm Animal Sanctuary is transitioning to no

longer providing the Purchase Services to Users in the country in which

you are resident or from which you use the service; or

(v) the provision of the Purchase Services to you by The Owl & The

PussyCat Farm Animal Sanctuary is, in the opinion of The Owl & The

PussyCat Farm Animal Sanctuary, no longer commercially viable.

(e) Subject to local applicable laws, The Owl & The PussyCat Farm Animal

Sanctuary reserves the right to discontinue or cancel your membership to the

Website at any time and may suspend or deny, in its sole discretion, your access

to all or any portion of the Website or the Purchase Services without notice if you

breach any provision of the Terms or any applicable law or if your conduct

impacts The Owl & The PussyCat Farm Animal Sanctuary’s name or reputation

or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities

that you and The Owl & The PussyCat Farm Animal Sanctuary have benefited

from, been subject to (or which have accrued over time whilst the Terms have

been in force) or which are expressed to continue indefinitely, shall be

unaffected by this cessation, and the provisions of this clause shall continue to

apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

(a) You agree to indemnify The Owl & The PussyCat Farm Animal Sanctuary, its

affiliates, employees, agents, contributors, third party content providers and

licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered

or arising out of or in connection with any Content you post through the

Website;

(ii) any direct or indirect consequences of you accessing, using or

transacting on the Website or attempts to do so and any breach by you or

your agents of these Terms; and/or

(iii) any breach of the Terms.

14. Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence

any Tribunal or Court proceedings in relation to the dispute, unless the following

clauses have been complied with (except where urgent interlocutory relief is

sought).

(b) Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,

must give written notice to the other party detailing the nature of the dispute, the

desired outcome and the action required to settle the Dispute.

(c) Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms

(‘Parties’) must:

(i) Within 14 days of the Notice endeavour in good faith to resolve the

Dispute expeditiously by negotiation or such other means upon which

they may mutually agree;

(ii) If for any reason whatsoever, 14 days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the Australian Mediation Association or his

or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a

mediator and the cost of the venue of the mediation and without limiting

the foregoing undertake to pay any amounts requested by the mediator

as a pre-condition to the mediation commencing. The Parties must each

pay their own costs associated with the mediation;

(iv) The mediation will be held in Byron Bay, Australia.

(d) Confidential:

All communications concerning negotiations made by the Parties arising out of

and in connection with this dispute resolution clause are confidential and to the

extent possible, must be treated as “without prejudice” negotiations for the

purpose of applicable laws of evidence.

(e) Termination of Mediation:

If 4 weeks have elapsed after the start of a mediation of the Dispute and the

Dispute has not been resolved, either Party may ask the mediator to terminate

the mediation and the mediator must do so.

15. Venue and Jurisdiction

(a) The Purchase Services offered by The Owl & The PussyCat Farm Animal

Sanctuary is intended to be viewed by residents of Australia. In the event of any

dispute arising out of or in relation to the Website, you agree that the exclusive

venue for resolving any dispute shall be in the courts of New South Wales,

Australia.

16. Governing Law

(a) The Terms are governed by the laws of New South Wales, 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,

Approved by

interpreted and construed by, under and pursuant to the laws of New South

Wales 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.

17. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent

legal advice and declare the Terms are not against public policy on the grounds

of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of

competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.