TERMS OF SERVICE

 

1.          About the Website

 

(a)           Welcome to maxandtobby.com (the ‘Website‘). The Website facilitates interactions between:

 

(i)          People looking for pet apparel and entertainment products (the ‘Receiver ‘); and

 

(ii)         Max and Tobby (the ‘Provider ‘),

 

making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services ‘).

 

(b)           The Website is operated by Claudia Milena Giraldo Arias T/A Max and Tobby (ABN 33176009323) . Access to and use of the Website, or any of its associated products or Services, is provided by Claudia Milena Giraldo Arias T/A Max and Tobby. 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 its products or Services, immediately.

 

(c)            Claudia Milena Giraldo Arias T/A Max and Tobby reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Claudia Milena Giraldo Arias T/A Max and Tobby updates the Terms, it will use reasonable endeavours to provide you with notice of updates of 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

 

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Claudia Milena Giraldo Arias T/A Max and Tobby in the user interface.

 

 

 

3.          The Services

 

(a)           In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account‘).

 

(b)           As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

 

(i)          Email address

 

(ii)         Mailing address

 

(iii)        Telephone number

 

(iv)        Debit/Credit card

 

(c)            You warrant that any information you give to Claudia Milena Giraldo Arias T/A Max and Tobby in the course of completing the registration process will always be accurate, correct and up to date.

 

(d)           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.

 

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

 

(i)          you are not of legal age to form a binding contract with Claudia Milena Giraldo Arias T/A Max and Tobby; or

 

(ii)         you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

 

4.          Your obligations as a Member

 

4.1.As a Member, you agree to comply with the following:

 

(a)        you will not share your profile with any other person;

 

(b)        you will use the Services only for purposes that are permitted by:

 

(i)          the Terms; and

 

(ii)         any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

 

(c)         you have 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 Services;

 

(d)        any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Claudia Milena Giraldo Arias T/A Max and Tobby of any unauthorised use of your password or email address or any breach of security of which you have become aware;

 

(e)        you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

 

(f)          any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content‘) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.

 

(g)        you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);

 

(h)        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 providing the Services;

 

(i)          you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Claudia Milena Giraldo Arias T/A Max and Tobby;

 

(j)          you will not use the 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;

 

(k)         you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Claudia Milena Giraldo Arias T/A Max and Tobby for any illegal or unauthorised use of the Website; and

 

(l)          you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

5.          Using the Website as the Receiver

 

(a)           The Buyer can buy different products in the website that will be delivered to a specific address provided.

 

6.          Using the Website as the Provider

 

(a)           The provider will ship the purchased product as advertised in the website.

 

 

7.          Payment

 

(a)           By Claudia Milena Giraldo Arias T/A Max and Tobby offering the Services to you, you agree that:

 

(i)          Debit/Credit card payment

 

(b)           All payments made in the course of your use of the Services are made using Stripe; Afterpay. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe; Afterpay terms and conditions which are available on their website.

 

 

8.          Copyright and Intellectual Property

 

(a)           The Website, the Services and all of the related products of Claudia Milena Giraldo Arias T/A Max and Tobby 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Claudia Milena Giraldo Arias T/A Max and Tobby or

its contributors.

 

(b)           All trademarks, service marks and trade names are owned, registered and/or licensed by Claudia Milena Giraldo Arias T/A Max and Tobby, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

 

 

(i)          use the Website pursuant to the Terms;

 

(ii)         copy and store the Website and the material contained in the Website in your device’s cache memory; and

 

(iii)        print pages from the Website for your own personal and non-commercial use.

 

Claudia Milena Giraldo Arias T/A Max and Tobby does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Claudia Milena Giraldo Arias T/A Max and Tobby.

 

(c)            Claudia Milena Giraldo Arias T/A Max and Tobby retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

 

(i)          business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

 

(ii)         a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

 

(iii)        a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

 

to you.

 

(d)           You may not, without the prior written permission of Claudia Milena Giraldo Arias T/A Max and Tobby 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

(e)           Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Claudia Milena Giraldo Arias T/A Max and Tobby a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

9.Privacy

 

Claudia Milena Giraldo Arias T/A Max and Tobby takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Claudia Milena Giraldo Arias T/A Max and Tobby’s Privacy Policy, which is available on the Website.

 

10.General Disclaimer

 

(b)           Nothing in the 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.

 

(c)            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 the Terms are excluded; and

 

(ii)         Claudia Milena Giraldo Arias T/A Max and Tobby 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

(d)           Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Claudia Milena Giraldo Arias T/A Max and Tobby make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Claudia Milena Giraldo Arias T/A Max and Tobby) 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 Services, or any of its Services related products (including third party

material and advertisements on the Website);

 

(iii)        costs incurred as a result of you using the Website, the Services or any of the products of Claudia Milena Giraldo Arias T/A Max and Tobby; and

 

(iv)        the Services or operation in respect to links which are provided for your convenience.

 

(d)           You acknowledge that Claudia Milena Giraldo Arias T/A Max and Tobby Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Claudia Milena Giraldo Arias T/A Max and Tobby holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

 

11.Limitation of Liability

 

(a)           Claudia Milena Giraldo Arias T/A Max and Tobby’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

 

(b)           You expressly understand and agree that Claudia Milena Giraldo Arias T/A Max and Tobby, its affiliates, employees, agents, contributors 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)            You acknowledge and agree that Claudia Milena Giraldo Arias T/A Max and Tobby holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

 

12.Termination of Contract

 

(d)           If you want to terminate the Terms, you may do so by providing Claudia Milena Giraldo Arias T/A Max and Tobby with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Claudia Milena Giraldo Arias T/A Max and Tobby via the ‘Contact Us’ link on our homepage.

 

(e)           Claudia Milena Giraldo Arias T/A Max and Tobby 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)         Claudia Milena Giraldo Arias T/A Max and Tobby is required to do so by law;

 

(iii)        Claudia Milena Giraldo Arias T/A Max and Tobby is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

 

(iv)        the provision of the Services to you by Claudia Milena Giraldo Arias T/A Max and Tobby is, in the opinion of Claudia Milena Giraldo Arias T/A Max and Tobby, no longer commercially viable.

 

(c)            Subject to local applicable laws, Claudia Milena Giraldo Arias T/A Max and Tobby reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Claudia Milena Giraldo Arias T/A Max and Tobby’s name or reputation or violates the rights of those of another party.

 

(d)           When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Claudia Milena Giraldo Arias T/A Max and Tobby 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 Claudia Milena Giraldo Arias T/A Max and Tobby, 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 Your Content;

 

(ii)         any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

 

(iii)        any breach of the Terms.

 

 

14.Dispute Resolution

 

(b)           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 Brisbane, 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 1 month 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

 

The Services offered by Claudia Milena Giraldo Arias T/A Max and Tobby 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 Queensland, Australia.

 

16.Governing Law

 

The Terms are governed by the laws of Queensland, 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, interpreted and construed by, under and pursuant to the laws of Queensland, 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

 

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

 

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.