Terms and Conditions2018-09-04T07:43:06+00:00

Using Our Products & Website

Your agreement to these terms (“Terms”) is an agreement with VETFair (“us”, “we” or “our” as contextually appropriate) and governs your use of the website. By accessing this site, downloading and using our product(s), you warrant your acceptance of and agree to the bound by the terms and conditions as set out below. If you do not accept these terms and conditions, you are not authorised to access and or use this site.

By clicking “accept”, paying any fee owed to VETFair or using, or continuing to use, VETFair’s website or any software, Products (our assessment tools and related materials provided by us from time to time), content, methods, procedures or other knowhow (“Content”), or otherwise telling us that you accept the following, you acknowledge and accept the following:

General use for Content

The Content is general in nature and VETFair does not take and has not taken your particular needs or circumstance into account before providing the Content.

You have decided that the Content is appropriate to your needs and had the opportunity to seek professional advice before acting or relying on any of the Content.

Liability

If you suffer any loss or damage howsoever arising as a result of the Content not being fit for purpose, and such loss or damage cannot be excluded by law, then you agree that VETFair’s liability is, at its discretion, limited to the correction or replacement of the Content, or repayment of any moneys you paid to it for the Content.

VETFair provides no warranty or guarantee in relation to the Content or its suitability for use and is not liable for, and you hereby release VETFair from and indemnify it against any claim relating to, any error, inaccuracy in, or omission from, the Content.

VETFair disclaims, and you hereby release it from and indemnify it against, all liability (except for any liability which by law cannot be excluded), loss or damage howsoever suffered by you or a third party, including but not limited to any indirect, incidental, special or consequential loss, arising from or connected in any way with your use of or reliance on the Content.

Disclaimer

To the extent permitted by law, neither we, nor any of our employees, agents or officers are liable to you for, and you release us and each of our employees, agents and officers from, and you acknowledge these Terms may be pleaded as a bar against, any claim or demand regarding, any direct or indirect loss or liability arising from, or any costs, charges or expenses you incur in connection with:

  • information published, displayed or available on our website or provided via our products or services;
  • your use of our website or our products or services;
  • any action taken, failure to act, decision made or reliance by you on the basis of the content and the data and information in the website and provided through the services;
  • any modification, suspension or discontinuance of our website or our products or services;
  • any errors or delays in the Content, or for any actions you or third parties may take in reliance on it; and
  • your use of any services or offering provided by any individual, firm or company referred by us to you via the website or services.

This limitation applies whether your claim would otherwise arise in contract, under the law of torts (including negligence), by statute or otherwise.

The information in our information and product and services have been prepared in accordance with the laws of the New South Wales and the Commonwealth of Australia. The information and product may not comply with the laws of any other State or country.

Indemnity

You indemnify VETFair against all claims, fines, penalties, charges or losses made against or incurred by VETFair as a direct or indirect result of:

  • your use or misuse of the Content;
  • the use or misuse of the Content by your staff, students or any other person;
  • any breach of these terms;
  • any negligent or willful act or omission by you or your staff or students; or
  • any breach of VETFair’s intellectual property, confidential information or its privacy policy.

Intellectual Property, Confidentiality, and Privacy

You understand, acknowledge and promise the following:

  • you acknowledge and agree that VETFair owns all intellectual property rights (including any trade mark, design, patent, copyrighted material) in the Content;
  • any intellectual property in relation to the Content, including but not limited to data, materials or processes, is owned by VETFair;
  • the information and products located on this site are copyright and you will not reproduce, store in a retrieval system or transmit them in any form or by any means in whole or in part without the express written consent of VETFair;
  • all Content and intellectual property held, located within and related to our information and product is the property of us and its related bodies corporate and protected by intellectual property law and nothing in these Terms conveys or vests to you any interests or ownership in such content or intellectual property;
  • any improvements, suggestions, ideas, enhancement requests, feedback, recommendations, templates, libraries or other software or information you provide to or jointly develop with us shall belong solely to us;
  • other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), you must not reproduce, upload to a third party, link to, frame, store in a retrieval system or transmit any part of the information or product without our prior written consent;
  • you agree that you will not do or cause to be done any act or thing that may impair any of our intellectual property rights in connection with the information or product;
  • you must not and will not:
    • copy, sell, market, license, sublicense, lend, loan, distribute, transmit, rent, lease, upload, post, electronically transfer or otherwise assign or transfer or directly or indirectly permit any third party to use, access, exploit or copy any part of the information or product;
    • copy ideas, features, functions or graphics of the information or product for use in another product or service; or
    • incorporate or use the information or product in whole or in part in any other software, service or product;
  • you agree to take all reasonable measures to ensure that the Content is only used for the purposes approved by VETFair and remains confidential and protected against unauthorised access, use, modification, disclosure or other misuse; and
  • you agree to comply with the provisions of the Privacy Act 1988 (Cth), Privacy Amendment (Enhancing Privacy Protection) Act 2012 and VETFair’s privacy policy which concern the security, use and disclosure of personal information; and
  • you agree that you have read and confirmed all the conditions set out in the End User Licence Agreement (download here) in relation to intellectual property, confidentiality, and privacy.

Third Party Websites & Products

Our website may contain links to other websites operated by third parties. We do not endorse or otherwise approve the owners or operators of the third party website, or the information, graphics and material on those websites or the goods or services (including software) offered on those websites.

To the extent permitted by law, we are not responsible or liable for, and give no warranty in respect of, any third party website or the goods and services offered on any third party website.

Third party websites are not subject to our privacy standards so you should review the privacy policy and any other relevant notice that appears on a third party website.

Information About You and Your Privacy

When you or your staff download and use our information and products we may collect personal information about you and your staff.  Usually, we tell you the purposes for which we collect that information when it is collected.  As a general rule, we only collect such information which is necessary for us to provide our product to you or to maintain our relationship with you.

Our Privacy Policy sets out how we collect and deal with personal information generally, including our use of cookies on your device(s).  Our Privacy Policy forms part of these Terms, and if inconsistent with these Terms, these Terms will take precedence.  By downloading and using the Content, you acknowledge and agree with our Privacy Policy, and consent for us to collect and disclose your personal information as necessary to provide the information and products to you.

Jurisdiction, Severability and Waiver

The terms and conditions of these Terms will be construed in accordance with the laws in force in the State of New South Wales, and we both agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

If any provisions of these Terms become void, voidable or unenforceable then those provisions are deemed to be severed and the remaining provisions will continue to have full force and effect.

Any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver of that power or right.

Refund, Warranty, and Guarantee

See the End User Licence Agreement (EULA) for detailed information.

The EULA constitutes a legally binding agreement (“Agreement”) between you as a Licensee and VETFair ABN 44 983 956 859 as the Licensor which governs the use of the Product.

By accessing, downloading and using the Product, you warrant your acceptance of and agree to be bound by the terms and conditions of this Agreement.

If you do not accept the terms of this Agreement, you are not authorised to use the Product.

Dispatch and Delivery

Our products will be delivered as indicated here on our website.  All purchased products will be supplied to you via a secured Dropbox link in an editable electronic format within 12 hours of receiving the payment for products into our bank account.

The dispatch and delivery process is illustrated below:

Dispatch and Delivery

Changes

We may change the information and products on this site, including any fees, and these Terms at any time at our sole discretion.  If we do, at our option we will inform you of any change by way of email or a post the change our website.  By accepting these Terms, you agree that our publishing of an amended version will be sufficient notice of any changes and that your subsequent access to, viewing, reliance on or other use of the information or products will constitute your acceptance of those amendments.  We suggest you periodically review our website for any changes.

Contacting Us

If you have any questions regarding these terms and conditions, please contact us at info@vetfair.com.au.

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