Animal Poisons Helpline – Terms and Conditions

1. Terms of Use

1.1 The website at the URL www.animalpoisons.com.au (Website) is owned and operated by Animal Poisons Helpline Ltd ACN 642 055 730 (Animal Poisons Helpline, we, our, us).
1.2 Your use of the Website is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (terms and conditions). Your use of and/or access to the Website constitutes your agreement to be bound by these terms and conditions.
1.3 These terms and conditions are in addition to any other agreement you may enter into with Animal Poisons Helpline, or any third party introduced by Animal Poisons Helpline, and shall continue to be binding on you notwithstanding any other such agreement you may enter into.
1.4 If you are based in New Zealand, you acknowledge that Animal Poisons Helpline is an Australian entity and governed by Australian law in respect of its operations.

 

2. Intellectual Property

2.1 All information, text, material, graphics, logos, software and photographs on the Website, contained in our emails or published on social media platforms (Materials) are copyright Animal Poisons Helpline, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The Materials are protected by Australian and international copyright laws.
2.2 You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the Material except as expressly provided on the Website or as stated in our emails or on social media, or expressly authorised in writing by Animal Poisons Helpline.
2.3 You may, subject to specific restrictions set out in these terms and conditions, download material from the Website or contained in our emails or on social media platforms solely for your personal, non-commercial use. You must not distribute such material including print material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from the Website, or our emails or social media.

 

3. Content

3.1 The contents on the Website and published by us via email or on social media platforms (Content) are for general information purposes only. Any use of our materials or information by another person or organisation is at the user’s own risk. Further, Animal Poisons Helpline does not warrant or make any representations as to the expected results or outcomes of users of Content.
3.2 The Content is obtained and developed by Animal Poisons Helpline and may include information from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Animal Poisons Helpline does not warrant or make any representations in relation to any third-party organisation, product, information or service included in the Content.
3.3 While care has been taken in preparing the Content, Animal Poisons Helpline will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
3.4 You agree to be solely responsible for the interpretation and use of any Content that you receive, communicate or otherwise provided to you.

 

4. Helpline

4.1 The telephone helpline service (Helpline) provided by Animal Poisons Helpline is available to members of the public only and is not to be used by professional veterinary staff in their professional capacity.
4.2 Your use of the Helpline is conditional upon your agreement to, acceptance of and compliance with these terms and conditions. Your use of and/or access to the Helpline constitutes your agreement to be bound by these terms and conditions.
4.3 Any use of the advice provided by Animal Poisons Helpline via the Helpline is at the user’s own risk. Further, Animal Poisons Helpline does not warrant or make any representations as to the expected results or outcomes of the advice provided via the Helpline.
4.4 While care has been taken in giving the advice provided via the Helpline, Animal Poisons Helpline will not accept any liability, including for any loss or damage, or death or injury to any person, animal or property resulting from the reliance on the advice, or for its accuracy and completeness.
4.5 You agree to be solely responsible for the interpretation and use of any advice that you receive via the Helpline.

 

5. Use

5.1 You agree to use the Website, including all features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content contained on the Website. You agree not to archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as explicitly set out in these terms and conditions) our Content.
5.2 You also agree not to, and not to seek to:

(a) circumvent, remove, alter, deactivate, degrade or inhibit any of the content protections in the Website;
(b) use any robot, spider, scraper or other automated means to access the Website;
(c) insert any code or product or manipulate the Content; or
(d) use any data mining, data gathering or extraction method on or in relation to the Website.

5.3 You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website in any form, including any software viruses or any other computer code, files or programs.
5.4 We may restrict your use of the Website at any time if you violate these terms and conditions or are engaged in illegal or fraudulent use of the Website.
5.5 The Website, Helpline and mailing list may be used and accessed by underage users. In the event that a user is underage, the user will be asked to acknowledge that consent for the user to access the Website, use the Helpline and subscribe to the mailing list has been provided by the user’s parent or guardian. You warrant that any use of the Website, Helpline and/or subscription to the mailing list by an underage user will be with the consent and supervision of a parent or guardian of that user.

 

6. Mailing List

6.1 In order to stay up to date with the latest in animal poisoning, you may choose to subscribe to the Animal Poisons Helpline mailing list. To subscribe to the Animal Poisons Helpline mailing list, you will be required to register your name and a valid email address. All information provided during the subscription process including personal information will be treated in accordance with our Privacy Policy (see clause 11 below).
6.2 If you have called the Helpline, you will automatically be subscribed to Animal Poison’s Helpline mailing list.
6.3 You may unsubscribe from the mailing list at any time via an unsubscribe link at the bottom of each email.

 

 

7. Disclaimers and Limitation of Liability

7.1 To the fullest extent permitted by law:

(a) all information and materials on the Website or provided via the Helpline is provided “as is” and without warranty of any kind, express or implied;
(b) all implied warranties and statutory guarantees as to due care and skill and fitness for a particular purpose are excluded;
(c) we and our information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on Website;
(d) we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
(e) we make no warranties that files and/or data available for downloading from the Website, or the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.

7.2 Further, our liability for the breach of any warranty or condition which cannot by law be excluded shall, at our option, be limited to the following:

(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.

7.3 Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will Animal Poisons Helpline be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Website, the Helpline, any Content.

 

 

8. Access and communication

8.1 Details contained in the Content relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country.
8.2 Animal Poisons Helpline does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
8.3 Animal Poisons Helpline provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Animal Poisons Helpline from all applicable liability and responsibility.
8.4 You agree that you shall not use the Website or Helpline, or attempt to access the Website or Helpline to:

(a) upload or use the Website to provide any material to Animal Poisons Helpline which is false, misleading or deceptive;
(b) impersonate any other person;
(c) post or transmit any material, message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
(d) interfere with other users use of the Website or Helpline;
(e) post or transmit any file or data which contains viruses or any other contaminating or destructive features;
(f) post or transmit any message or material which is harmful, threatening, abusive or hateful;
(g) post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
(h) send any unsolicited mass emailing to other users of the Website; and/or
(i) use the Website to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.

 

 

9. Indemnity

You agree to fully indemnify and hold harmless Animal Poisons Helpline in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a) any breach of these terms and conditions by you; or
(b) your access to or use of the Website and/or the Helpline.

 

 

10. Links

10.1 Access to any website which may be reached by the hyperlinks on this Website (animalpoisons.com.au) is subject to any notices, including but not limited to copyright notices, which may appear throughout the linked site.
10.2 Accessing a linked site from the Website does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Animal Poisons Helpline as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the linked site. Animal Poisons Helpline will not be liable to the reader or any third party for losses, costs, damages or other expenses incurred as a result of such access and the use of any information contained on a linked site.
10.3 The ability to access a linked site does not:

(a) constitute express or implied authority to infringe copyright in any material contained on the linked site; and/or
(b) imply any connection, sponsorship or affiliation between the linked site and this Website or Animal Poisons Helpline.

 

 

11. Privacy

Our Privacy Policy is set out here: [Privacy Policy]

 

12. Variation and Termination

12.1 These terms and conditions shall continue to have full force and effect until varied or terminated by Animal Poisons Helpline. Animal Poisons Helpline reserves the right to terminate this agreement and your access to the Website at any time for any reason. The terms and conditions relating to intellectual property, your licences to Animal Poisons Helpline, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
12.2 Animal Poisons Helpline reserves the right to vary these terms and conditions at any time by posting new or varied terms and conditions on the Website. You are responsible for reviewing any new or updated terms and conditions on the Website and your continued use of the Website will constitute an agreement to be bound by such updated terms and conditions.

 

 

13. General

13.1 All references in these terms and conditions to “Animal Poisons Helpline” include its directors, officers, employees, agents, contractors, volunteers and related entities.
13.2 The agreement constituted by these terms and conditions is governed by the laws of the State of Western Australia, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
13.3 If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
13.4 Our waiver of a breach by you of these terms and conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these terms and conditions.
13.5 If you have any questions regarding the Website or these terms and conditions you may contact us at:

Phone: 1300 869 738 (AU) or 0800 869 738 (NZ)
Email: info@animalpoisons.com.au

 

Last updated: September 2020