1. Welcome! This Website is owned/operated by Big Dog Australia Pty Ltd and Big Dog Pet Foods Pty Ltd (A.C.N. 094 584 148 and 145 307 562) (Big Dog, we, us and our). Thank you for visiting.
2. We provide this Website for You to view our product range and service offerings.
DEFINITIONS (BODIES AND LAWS)
5. means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
6. means any one or more of the following:
a. Indirect loss;
b. Loss of revenue;
c. Consequential loss;
d. Loss in connection with third party claims;
e. Loss of reputation;
f. Loss of profits;
g. Loss of bargain;
h. Loss of actual or anticipated savings;
i. Lost opportunities, including opportunities to entire into arrangements with third parties; and
j. Loss or corruption of data.
7. Includes all:
a. inventions, discoveries, innovations, novel or technical information and data, prototypes, processes, improvements, and patents, including all patents and patented applications, processes and products within the meaning of the Patents Act 1990 (Cth);
b. circuitry and circuit layouts, computer programs, software, code, drawings, plans, and specifications;
c. domain names, business names, trade marks, including any trade name, brand name, common law trade mark, or trade mark within the meaning of the Trade Marks Act 1995 (Cth);
d. designs, including all designs within the meaning of the Designs Act 2003 (Cth);
e. copyright material within the meaning of the Copyright Act 1968 (Cth);
f. trade secrets and know-how; and
g. works, and all other works resulting from intellectual activity in the industrial, scientific, education, literary, or artistic fields.
9. means any State, Federal and/or international law/s applying to or otherwise governing You and/or Your conduct.
10. Means our website as located at the domain bigdogpetfoods.com, bigdogpetfoods.com.au and bigdogpetfoods.au and all content contained or otherwise displayed therein.
You / Your
11. are references to you (whether an individual, business, corporation or other entity) as a user of our Website.
DEFINITIONS (BODIES AND LAWS)
12. The following rules apply unless the context requires otherwise:
a. headings are for ease of reference only and do not affect interpretation;
b. the singular includes the plural and vice versa, and a gender includes other genders;
c. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
d. a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them;
e. a reference to a clause is a reference to a clause of this document;
f. a reference to an agreement or document is to the agreement or document (or schedule) as amended, varied, supplemented, novated or replaced, from time to time;
g. a reference to a party to an agreement or document includes that party’s successors, permitted substitutes and permitted assigns (and, where applicable, that party’s legal personal representatives);
h. a reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not in writing;
i. a reference to dates and times are to those dates and times in Queensland;
j. a reference to “dollars”, “$” or an amount of money is to Australian currency;
k. the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions; and
l. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this document or any part of it.
13. By and during Your access to and use of the Website, You agree that:
b. You have read, understand, and agree to be bound by our Related Policies.
g. You will not use the Website for any activities that breach any Relevant Laws, infringe the rights of third parties, or are contrary to relevant standards or codes.
h. You will not use the Website to harm or harass others.
i. You will not make fraudulent, speculative, or spam enquires, purchases, or requests through the Website.
j. You will not interfere with or damage or attempt to override any software or data associated with the Website.
k. You will not use any robot, spider or other device or process to mine, retrieve or in any way reproduce, modify, or obtain data or code from the Website.
l. You will not, except to the extent permitted by law, modify, adapt, sublicense, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Website, or cause any other person to do so.
m. You will not reformat or reframe any portion of the Website or cause any other person to do so.
n. You will not take any action that would be reasonably likely to result in the infrastructure of our Website being overloaded or otherwise rendered non-functional.
DISCLAIMERS AND INDEMNITIES
15. You acknowledge and agree that the information contained on the Website:
a. is general in nature only and is not purported to be comprehensive;
b. is current only at the time it is placed on the Website and we are under no obligation to update the information or correct any inaccuracy which may become apparent at a later time; and
c. is not intended to provide or make any recommendation or binding offer on which You may rely on for any purpose whatsoever.
16. To the extent permitted by law, Big Dog and each of our related bodies corporate exclude all liability to You or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage You might suffer as a result of:
a. errors, mistakes, or inaccuracies in the content of the Website;
b. You acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
c. personal injury or property damage of any kind resulting from Your access to or use of the Website;
d. any unauthorised access to or use of the Website’s secure servers;
e. any interruption or cessation of transmission to or from the Website;
f. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party; and/or
g. the quality or fitness for any purpose of any linked websites.
17. You acknowledge and agree that We take no responsibility for any direct, indirect, special, incidental or Consequential Loss, or any damage, however caused, suffered by You in connection with:
a. Your use of the Website; or
b. Your use of or reliance on any information displayed, contained, or otherwise appearing on the Website.
ACCESS TO THE WEBSITE
20. We may, in our complete and sole discretion, and without prior notice to You, cease making the Website available. In these circumstances, any existing orders (whether for goods or services) You have made and/or approvals You have obtained will not be affected unless the goods, services or approvals ordered are unavailable and/or we are, for any reason, unable to provide them to You.
21. You warrant that:
a. All information and data provided by You, to us via the Website or otherwise is true, accurate, complete, and up to date.
b. You have and will continue to comply with all Relevant Laws relating to Your use of the Website and your interactions and/or dealings with us.
23. You acknowledge and agree that all content, coding, graphics, images, animations, and Information available on the Website is protected by copyright, and other intellectual property rights and laws.
25. You expressly acknowledge that using the Website does not give You any right, title or interest to the content set out in the Website, or any other aspect of the Website.
26. Your use of the Website, and the content set out therein, for commercial purposes is expressly prohibited, without our prior written consent, which may be withheld in our sole discretion.
27. We and/or our subsidiaries or affiliates have proprietary rights in (or are otherwise legally permitted to use) all trade marks and trade names which appear on the Website. Using a trade mark without the registered owner’s consent infringes the owner’s intellectual property rights.
28. By using the Website, You agree not to challenge our, nor our subsidiaries, affiliates and/or business partners rights or ownership in respect of:
a. The domain name(s) for accessing the Website;
b. Any trade marks appearing on, or in connection with, the Website; or
c. Any material in which copyright subsists that is used in connection with the Website.
LINKS TO OTHER SITES
29. You may from time to time be able, through hypertext or other computer links appearing within the Website, gain access to other websites operated either by us and/or our subsidiaries or affiliates (Linked Sites) or other third parties (Third Party Linked Sites).
32. We are not responsible for the content of any Third Party Linked Sites, or any changes or updates to them. We provide these links for your convenience only. You follow a link to any such Third Party Linked Sites at your own risk.
33. Unless expressly stated in writing, we and/or our subsidiaries or affiliates are not a party to any transaction between you and a Third Party Linked Site.
34. Unless specified, we and/or our subsidiaries or affiliates do not sponsor, endorse, adopt, confirm, guarantee, or approve of any material or representations made in those Third Party Linked Sites.
36. It must not be inferred as consent by us and/or our subsidiaries or affiliates to receive unsolicited communications or an inappropriate volume of commercial messages.
LIABILITY – FAULTY PRODUCTS AND SERVICES
37. In accordance the ACL, our goods and services may come with guarantees that are unable to be excluded.
38. Any guarantees pertaining to our provision of goods or services to You will be set out within the agreement/contract attaching to the provision of the relevant good or service.
44. If Big Dog sells or otherwise changes control of its business or this Website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from You and any agreements we have made with You.
46. If You access the Website in or from a jurisdiction other than Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of the Website complies with the laws of any country outside Australia.
b. Cookies Policy: https://www.bigdogpetfoods.com/cookie-policy
a. By email to:
i. Address: email@example.com
b. By mail to:
i. Address: GPO Box 5299, Brisbane QLD 4001
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© Big Dog Australia Pty Ltd and Big Dog Pet Foods Pty Ltd 2023