Terms & Conditions
This website is operated by NOAH’S ARK PETS. Throughout the site, the terms “we”, “us”, “our”, “NOAH’S ARK PETS”, “NAP” refer to NOAH’S ARK PETS Australia.
NOAH’S ARK PETS offers this website, including all information, tools and services available from this site and the store to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service and Conditions are considered an offer, acceptance is expressly limited to these Terms of Service and Conditions.
Any new features or tools that are added to the current site shall also be subject to the Terms of Service and Conditions. You can review the most current version of the Terms of Service and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. User Agreement
At NOAH’S ARK PETS, we recognise the importance of protecting your personal information. This is why we comply to a number of laws, including the Privacy Act (and Notifiable Data Breaches scheme under Part IIC of the Privacy Act 1988), this imposes regulations for the collection, use and disclosure of personal information, plus other matters including data quality and security, openness, access and correction. This document sets out our policy on the handling of personal information.
We collect, hold, use and disclose personal information to operate our organisation. This includes providing and improving our products and services, operating our customer programs, maintaining and updating our records, communicating and managing our relationships with customers and other stakeholders, recruiting, training and managing staff, protecting our lawful interests and facilitating acquisitions and potential acquisitions of our business. For investors, we collect personal information to assess investment applications, manage your investment with us and provide investor services.
We may not be able to do these things without your personal information. For example, we may not be able to communicate with you or fulfil your orders.
We may provide marketing communications and targeted advertising to you on an ongoing basis by telephone, electronic messages (e.g. email), online (including websites) and other means, unless you opt out or we are subject to legal restrictions. If you wish to opt out, please follow the instructions in the relevant marketing communication or contact us as set out below.
The types of personal information we collect may include name, contact details, login credentials, payment details, purchase history and preferences and interests regarding our products and services. We also collect personal information about your dealings with us, including from records of any contact we have with you by telephone, email or online. This may also include information on or about the content you provide, such as the location of a photo, the date of the file was created, your name, DOB, gender, city, pet’s name, pet’s breed, pet’s age, etc.
We may collect personal information about you in a number of ways including in stores, by telephone, post and email, through our website and social media, from public sources (including the Internet) and from third parties.
We may exchange your personal information with our related bodies corporate, your organisation and representatives and with our service providers including providers of data storage, auditing, accounting, legal, business consulting, mail and delivery, customer contact, marketing, data processing, data analysis, document management, research, investigation, insurance, website and technology services. In relation to investors, we may also exchange personal information with our share registry and investor relations provider and we may be required by the Corporations Act to make certain investor details available to the public on request.
If you visit Noahsarkpets.com.au (our Website) to read, browse or download information, our system may record information such as your server address, top level domain (e.g. .com, .au, etc), date and time of your visit to the Website, pages accessed, information downloaded, previous site visited and browser type. This information is used for statistical, reporting and website administration and maintenance purposes.
Like many other websites, our Website may use ‘cookies’ from time to time. A cookie is a piece of information that allows our system to identify and interact more effectively with your browser. The cookie helps us to maintain the continuity of your browsing session and remember your details and preferences when you return. You can configure your web browser software to reject cookies however some parts of our Website and apps may not have full functionality in that case.
When we send you emails or other electronic messages, we may record where you open the message and click on particular links. We may also record your interactions with our Website and apps in these circumstances, as well as if you visit our Website and apps after visiting another website which contains one of our advertisements. These processes help us to better understand what information is of interest to you.
We implement a range of measures to protect the security of personal information, including – depending on the circumstances – firewalls, encryption, password protection, locked storage units and premises access restrictions. We hold personal information electronically and in hard copy form, both at our own premises and with the assistance of our service providers.
It is your right under privacy law to ask for access to or updating of any of your personal information that may be held by us, except in some limited circumstances. Please see our contact details below. In many cases, we can assist you promptly and informally with these requests. In other cases, we may seek to verify your identity and ask you to make your request in writing.
You can also contact us with any queries about privacy.
If you raise any concerns about how we have handled your personal information, we may request additional details from you, and may need to engage or consult with other parties in order to investigate and deal with your issue. We will keep records of your request and any resolution.
For further information regarding the Privacy Act, visit the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
3. Intellectual Property
Noahsarkpets.com.au and its content are subject to copyright, and other intellectual property rights.
4.1 Any lost or stolen vouchers are unable to be replaced, refunded or redeemed.
4.2 Our vouchers are:
– Redeemable for any merchandise or services at specified NOAH’S ARK PETS stores within Australia and/or Noahsarkpets.com.au
– Unable to be redeemed for cash or be used for payments of credit or retailer accounts
– Automatically expire and are unable to be redeemed after expiry date
4.3 Special terms & conditions may apply for any vouchers
5. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NOAH’S ARK PETS , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless NOAH’S ARK PETS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site and apps.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
7. Applicable Law
NOAH’S ARK PETS ABN 25720786456