Terms of use

Terms of use

This network of websites (the ‘Network’) is operated by V.i.p. Petfoods (aust.) Pty. Ltd. ABN 98069880164 (‘V.i.p Petfoods’). Your use of any information, images and text contained on the Network (together the ‘Material’) is governed by these Terms of Use and the Privacy Policy. You acknowledge and accept that your use of the Network indicates your acceptance of these Terms of Use and the Privacy Policy.

 

1. Variation of Terms of Use

These are the current Terms of Use and replace any previous Terms of Use. V.i.p Petfoods may at any time vary the Terms of Use by publishing varied Terms of Use on the Network. You acknowledge that by doing this, V.i.p Petfoods has provided you with sufficient notice of the variation of the Terms of Use and that you will comply with the Terms of Use, as varied from time to time and at any time. Since you are bound by these Terms of Use, you should periodically refer to them.

 

2. Information on the Network

V.i.p Petfoods has made reasonable efforts to ensure that the Material is free from error. V.i.p Petfoods however does not warrant the accuracy, adequacy or completeness of Material. The Network is intended to provide general information only. Information contained in the Network does not constitute or contain professional or other advice and may contain information that is outdated or incorrect. If you require specific information or assistance please call us on 1800 732 573. All Material is subject to change without further notice.

 

3. Communication facilities

3.1 The Network contains communication facilities which allow for feedback by users to V.i.p Petfoods, and may contain other electronic messaging and notice services (Communication Facilities).

 

3.2 It is a condition of your use of any Communication Facility and your access to the Network that you DO NOT do any of the following:

 

(a) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information, image, text or other material of any kind whatsoever, including without limitation any transmissions that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

 

(b) post or transmit any information, image, text or other material of any kind whatsoever which violates or infringes upon the rights of any other person, without first obtaining permission from the owner or relevant right holder;

 

(c) post or transmit any Material of any kind which contains a virus or other harmful component;

 

(d) post, transmit or in any way exploit any Material of any kind for commercial purposes, or which contains any promotional material or advertising;

 

3.3 V.i.p Petfoods may from time to time monitor or review the contents of its Communication Facilities and reserves its right to edit, refuse to post or to remove any Materials (in whole or in part) that in V.i.p Petfoods's sole discretion is in any way objectionable or in violation of any applicable law or these Terms of Use. V.i.p Petfoods has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is V.i.p Petfoods responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

 

3.4 V.i.p Petfoods reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

 

4. User licence to V.i.p Petfoods

4.1 By placing any information or other material on the Network (including inputting data or engaging in any other form of communication), you grant to V.i.p Petfoods a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

 

(a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and

 

(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

 

4.2 The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of V.i.p Petfoods and any other party authorised by V.i.p Petfoods all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of V.i.p Petfoods, you will execute and deliver to V.i.p Petfoods such instruments and take such other actions as may be required to give full legal effect to this grant of licence and waiver.

 

5. Linked websites

The Network may contain links to other websites operated by third parties (Third Party Websites). V.i.p Petfoods does not endorse or approve of the operators of Third Party Websites or the material on Third Party Websites. V.i.p Petfoods makes no warranties regarding the accuracy, adequacy or completeness of the material on Third Party Websites. Also, V.i.p Petfoods makes no warranties that material on Third Party Websites does not infringe the intellectual property rights of any person or that reproduction of material on Third Party Websites is authorised.

 

6. Hyperlinking to V.i.p Petfoods' Network

6.1 Unless V.i.p Petfoods provides prior written consent, you are prohibited from:

 

(a) placing a hyperlink to V.i.p Petfoods' Network; and/or

 

(b) saving or otherwise using any of V.i.p Petfoods' intellectual property or other property on your web site.

 

6.2 V.i.p Petfoods is not liable for and you must indemnify V.i.p Petfoods against all liabilities, claim, actions, demands, suits, costs, expenses, damage, harm or loss, including any consequential losses, suffered or incurred by V.i.p Petfoods arising directly or indirectly from or in connection with your use of the Network, particularly any material posted by you in breach of these terms and conditions.

 

6.3 Nothing V.i.p Petfoods does or fails to do in connection with this clause 6, including failing, delaying or exercising a single or part of a right, will prejudice or operate as a waiver of V.i.p Petfoods' rights or otherwise prevent the exercise of V.i.p Petfoods' rights.

 

7. Disclaimer and limitation of liability 

7.1 The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by V.i.p Petfoods of goods or services on the Network which cannot be excluded, restricted or modified (‘Non-excludable Rights’). V.i.p Petfoods does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

 

7.2 Except as provided for by the Non-excludable Rights:

 

(a) all Materials are provided "as is" and without warranties of any kind, either express or implied;

 

(b) V.i.p Petfoods and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;

 

(c) V.i.p Petfoods does not warrant that the functions contained in any Material or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Materials to you are free of viruses or any other harmful components;

 

(d) V.i.p Petfoods does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or Third Party Websites) or any Material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

 

7.3 To the fullest extent permitted by law, V.i.p Petfoods' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of V.i.p Petfoods to the following:

 

(a) in the case of services supplied or offered by V.i.p Petfoods:

(i) the supply of the services again; or

(ii) the payment of the cost of having services supplied again; and

 

(b) in the case of goods supplied or offered by V.i.p Petfoods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired.

 

7.4 Under no circumstances (including but not limited to any act or omission on the part of V.i.p Petfoods) will V.i.p Petfoods, its officers, employees, agents, contractors or its related entities be liable for any direct, indirect, incidental, special and/or consequential damages, loss, claim, expense or loss of profits whatsoever which result from any use or access, or any inability to use or access, or misuse by you or any other party, of the Network or otherwise in connection with any material or the Communication Facilities.

 

8. Intellectual property rights

All Material on the Network is protected by copyright and other intellectual property rights, whether registered or unregistered. The copyright is owned by V.i.p Petfoods, companies related to V.i.p Petfoods or third parties. No Material contained on the Network may be modified, copied, transmitted, distributed or reproduced without the prior written approval of V.i.p Petfoods. You must not use the Network in any manner or for any purpose which is unlawful or in any manner which violates any right of V.i.p Petfoods, a related entity of V.i.p Petfoods or relevant third party or which is prohibited by these Terms of Use.

 

9. Termination

These Terms of Use and your access to the Network may be terminated at anytime by V.i.p Petfoods without notice. All restrictions, disclaimers and limitations of liability by V.i.p Petfoods will survive termination, however you will be no longer authorised to access the Network.

 

10. General

These Terms of Use are governed by and construed in accordance with the laws of NSW, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect.





Doctor B's BARF ‘Nothing But Moments’ Pet Giveaway 2018

 
1. Information on how to enter the “Doctor B's BARF February Nothing But Moments Pet Giveaway” promotion (Promotion) and the prizes form part of these Terms and Conditions. By participating in the Promotion you accept these Terms and Conditions.
 
2. The Promoter is Real Pet Food Company, Ground Floor
39 Albany Street Crows Nest, NSW, 2065                   
Tel: 1800 732573
 
3. Entry is only open to Australian Residents who are aged 18 years or over.
 
4. Employees of the Promoter and their immediate families, participating retailers and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
 
5. Entries open at 6am AEST on 5 February 2018 and close at 11:59pm AEST 28 February 2018. This is stated as the Promotion Period.
 
6. To enter, entrants must, during the Promotion Period:
(a) Visit the Doctor B's BARF Facebook page www.facebook.com/DoctorBsBARF;
(b) Follow Doctor B's BARF Facebook page;
(b) Within the Doctor B's BARF Facebook page, locate the post that announces the Promotion (the Promotional Post); post a relevant image in the Promotional Post comment section.
By commenting on the Promotional Post you are agreeing to these terms and conditions.
 

7. Three winners will be announced by a post on the Doctor B's BARF Facebook page after 3pm AEST on 1 March 2018. It is the responsibility of the winner to check their private messages to determine if they are the winner, and to reply to the private message sent by Doctor B's BARF within 48 hours of the announcement.

 
8. If for any reason a winner does not respond to the Promoter providing their details by the time stipulated above, then the prize or that part of the prize will be forfeited and cash will not be awarded in lieu of that prize or part of that prize.
 
9. The Promoter reserves the right, at any time, to verify the validity of entries and entrants’ details and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Incomplete, indecipherable or illegible entries will be invalid.
 
10. If there is a dispute as to the identity of an entrant (or the identity of a person who claims to be the entrant), the Promoter reserves the right, in its sole discretion, to determine the entrant’s identity. The Promoter may in its sole discretion elect not award a prize where it suspects that a person is not the original entrant.
 
11. By submitting an entry in this Promotion, the entrant declares that their entry is their own original work and not copied in whole or in part from any other person, and that the entry does not infringe the intellectual property rights of any third party.
 
12. By submitting an entry in this Promotion, the entrant grants the Promoter and its affiliates, agents and representatives an exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide licence to use, edit, reproduce and exploit their entry by all means whatsoever (including, without limitation, in print and electronic format) for any purpose. In addition, the entrant consents to the Promoter and the Promoter's affiliates, agents or representatives infringing the entrant's moral rights in their entry. The entrant waives any right to inspect or approve any use, edit or reproduction by or on behalf of the Promoter of all or any part of the entrant's entry.
 
13. This promotion is a game of skill. Each entry will be judged based on the creativity of their entry and its relevance to the prize(s) on offer.
 
14. The Promoter’s decision is final and the Promoter will not enter into any correspondence with entrants other than the winner(s) in relation to this Promotion or the prize.
 
15. The winner will win the following prize(s):
1 x Petbarn Gift Card valued at $50.
1 x Joseph Lyddy Pet Indulgence Bowl at $16.95
1 x The BARF Diet (Book) at $35.00
 
16. The Promoter will not provide any travel or accommodation as part of this prize pack.
 
17. The Promoter retains the right to substitute any prize with a prize or prizes of equal or greater value (including where a prize is unavailable).
 
18. The prize, or any unused part of the prize, is not transferable or exchangeable and cannot be taken as cash.
 
19. Winners should allow up to 28 days for the prize delivery. Prizes will be sent by the most suitable method of delivery for the prize (for example, mail). The Promoter will notify the winner how they will receive their prize.
 
20. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated for any reason, the Promoter reserves the right, at its sole discretion: (a) to disqualify any entrant who the Promoter suspects has tampered with the entry process; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
 
21. If any act or omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations and the Promoter reserves the right (subject to any applicable law) to cancel, terminate, modify or suspend the Promotion.
 
22. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
 
23. The Facebook account may not be available for access from time to time during the Promotion Period. All access to, and use of, Facebook account is at the individual’s expense and risk. The Promoter has no control over internet or mobile telecommunications, network lines, bugs, viruses and server problems and accepts no responsibility for any problems associated with them, for whatever reason.
 
24. The Promoter and its agents will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with receiving, taking or using any prize except for any liability which cannot be excluded by law. The Promoter accepts no responsibility for any tax liability incurred as a result of entering and participating in the Promotion.
 
25. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize.
 
26. Entrants consent to the Promoter using their name, likeness, image and voice (including photograph, film and recording of the same) and any media provided to the Promoter in association with entry into this competition in any of the Promoter’s media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
 
27. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook or Instagram. Entrants release Facebook or Instagram from liability for any loss or damage which they suffer or sustain as a result of participating in the promotion.
 
 

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