TERMS AND CONDITIONS

www.jenbertpythons.com

These terms and conditions (hereinafter “Terms”) govern Your use of the following website (which is hereinafter referred to as “the Product”): www.jenbertpythons.com

The Product is owned and operated by: RJ & JC Sullivan (ABN: 95 716 657)

These Terms constitute a binding contract between You and: RJ & JC Sullivan (ABN: 95 716 657)

In connect with Your use of the Product, we may also provide You with access to various other content, documentation, material, information, goods or services. In the Terms, we refer to all of these items collectively as “the Items”.

If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.

If You do not understand the Terms, if You do not agree to be bound by the Terms, of if You need more time to review and consider the Terms, then You must stop using the Product immediately.

1.DEFINTION
“Australian Consumer Law” means the Australian Consumer Law is contained in the Competition Consumer Act 2010 (Commonwealth).

“Company IP” includes, but is not limited to, the contents, layouts, designs, colours, appearance, graphics and imagery of the Product, Content and Materials as well as all the copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials

“Content” means any content, writing, images, audiovisual content or other information published in the Product.

“Contract” means these terms and conditions.

“Dispute” means and dispute, controversy or claims arising out of or in relation to the Terms, including any dispute, controversy or claim relating to the existing, validity or termination of the Terms.

“Effective Date” means any date at these Terms come into force.

“Goods” means any or all goods by or on the Product.

“Identification Information” means information provided by You when registering to use the items, including but not limited to Your name and email address, a username and password.

“Items” means any and all of the Products, Goods, Content and Materials collectively.

“Materials” means and materials, information, or documentation the We may provide to You in connection with Your use of the Goods or Products including documentation, data, information developed by Us or Owned by Us, and other materials which may assist in Your use of Goods or Products.

“Parties” means both You (the user of the Product) and Us (The owner of the Product) collectively.

“Product” means the website including all pages, all subpages, all blogs, all forums, all other connected pages, and all other connected internet content whatsoever, the home page of which located www.jenbertpythons.com

“Terms” means these terms and conditions.

“Third Party Links” means links or references to websites or applications other than the Product, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.

Us, We, Our”, “the Company” or “Owner” refers to RJ & JC Sullivan.

“Us, We, Our”, “the Company” or “Owner” also includes any employees, affiliates, agents, or other representatives of RJ & JC Sullivan.

“You” or “Your” refers to the user of the Product.

“Your Content” means and Content posted to or added to the Product, Content, or Materials by You or by somebody authorised by You or doing so on Your behalf.

2.INTERPRETAION

  1. In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
  2. Words referring to one gender include every gender.
  3. Words referring to a singular number include the plural, and words referring to a plural include the singular.
  4. Words referring to a person or persons included companies, firms, corporations, organizations and vice versa.
  5. Any obligations on a Party not to do something includes an obligation not to allow that thing to be done.

3.YOUR AGREEMENT AND REPRESENTATIONS

  1. By continuing to use the Product and the Items You warrant and acknowledge the You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If you do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.
  2. By continuing to use the Product and the Items You represent and warrant to Us that have legal capacity to enter these Terms.
  3. By continuing to use the Product and the Items You represent and warrant to Us that You have complied with all of these Terms.

4.LICESNE TO USE PRODUCT, CONTENT AND MATERIALS

  1. We may provide You with certain other Items in connection with Your use of the Product.
  2. Subject to these Terms, We grant You a license to use the Product, Content and Materials solely on connection with Your use of the Items. The license created under these Terms is non-exclusive, limited, non-transferable, worldwide, and revocable.
  3. You may not use the Product, Content or Materials for any purpose other than in accordance with the license that is provided under this clause, and this license to use the Product, Content and Material terminates upon Your cessation of use of the Items or upon termination of the Contract.

5.SALES OF GOODS/SERVICES

  1. We may sell Goods or may allow third parties to sell Goods on the Product. If this occurs, then some specific exclusions of liability will apply, as described in the “Exclusion Liability” clause.
  2. Please refer to Our additional terms and conditions for sale of goods as applicable.

6.EXLCUSION OF LIABILITY

  1. The Product, Content and Materials are provided for general information only and may change at any time without prior notice.
  2. You accept and acknowledge that the Items may contain mistakes, errors, and inaccuracies.
  3. Your use of the Product, Content and Materials is at Your risk. It is Your responsibility to make sure that any Goods, Service, Materials, Content, or other information available through the Product suits Your particular purpose.
  4. Neither We, no nay third parties, provide and Guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeless, quality, merchantability, safety, legality, or suitability for a particular purpose of the Items.
  5. To the maximum extent permitted by law, We herby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out int the Terms.
  6. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, quality, merchantability, safety, legality, or suitability for a particular purpose of the Items.
  7. To maximum extent permitted by law, We will not be liable for any damage, loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruptions to business.
  8. To maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with You use of the Items.
    1. For Goods and/or Services sold by third parties via Product or via Third Party Links (hereinafter “Third-Party Goods and Services”).
    2. You acknowledge and agree that We have no control over those Third-Party Goods and Services and that You purchase such Third-Party Goods and Services at Your own risk.
    3. You acknowledge and agree that We assume no liability and provide no warranties o guarantees regarding the accuracy, completeness, performance, reliability. Timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Third-Party Goods and Services.
    4. For any claim You may have against the third party provided of the Third-Party Goods and Services (such as the manufacturer or vendor) You agree to pursue that claim directly with that third party provider of the Third-Party Goods and Services.
    5. To the maximum extent permitted by law, You hereby release Us from any claim related to the Third-Party Goods and Services including any and all warranty and product liability claims.

7.DELIVERY/SHIPPING

Shipping: All shipping is organised by Us through a Third-Party Booking Agent for airfreight, Road freight can be arranged more frequently direct to the road freight company. We use Virgin Freight, Qantas Freight and First-Class Pet Transport (Road Freight). Delivery times may vary depending on availability of flights or schedule of the Road Freight. All orders have a Tracking Number and will be supplied to You by Us once we have booked Your delivery. Any if the company’s used can be tracked online. Pending freighting availability, We sometimes are unable to determine delivery dates/times, We try our best to make delivery as flexible as We can but are unable to at times due to freight availability.

Unfortunately, we are governed by Australian Quarantine Law & are unable to Export any Australian Reptile outside of Australia. We are also unable to ship to Western Australia & Tasmania due to their states regulatory departments. We are able to & will ship to all other states of Australia, NSW, ACT, QLD, NT, SA & TAS Victoria is generally pickup but, in some circumstances, freight may be arranged as above.

Import/Export Permits: What we require from you: On checkout you will be required to add your Wildlife details if not already supplied. If you are applying for it at time of purchase, please select the “Applying for Licence” section if not already supplied. We use your information for sole purposes of the Export permit application with the Victorian DEPI. We require you to forward the Import number to us at the earliest convenient time to [admin@jenbertpythons.com] What we supply you: On check out or finalization of order our Victorian Wildlife Licence details will be provided to you for you to apply for your Import Permit/Movement Advice in your state with your wildlife Licence department on receipt of payment. It is your responsibility for the Import Permit form & charges for your state. We will supply you with both a Scanned copy of the Export Permit & a copy with delivery of the python.

8.EXCHANGES/RETURNS/REFUNDS

  1. We do not exchange or accept return animals.
  2. We handle Refunds in accordance with Our obligations under the Australian Consumer Law.
  3. If You are seeking a refund, You may contact Us using the details at the end of these Terms. In order for your request to be handled promptly, please provide full details about Your valid reason for return or refund.
  4. If You are seeking a refund due to a wrongly sexed/sick/deceased animal, please provide Us (via email) a vet report and any other details about Your valid reason for refund with specified time period of 2 hours of delivery unless otherwise physically unrecognizable/diagnosable at time of delivery.

9.INDEMNITY

You herby indemnify Us (Which, for the sake of clarity, also included any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representatives and may participate in Our own legal proceedings if We choose.

10.TERMINATION

  1. We may immediately terminate these Terms at any time, with or without cause.
    1. We specifically reserve the right to terminate these Terms if You breach the Terms in any way.
    2. The Terms terminate automatically if we cease to operate the Product for any reason.
    3. If you have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
    4. At the termination of the Terms, any provisions which would by their nature expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of the liability as outline in the “Exclusion of Liability” clause.

PRIVACY STATEMENT

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION:

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address & Wildlife Licence details. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and other updates.

SECTION 2 – CONSENT:

How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [Rob@jenbertpythons.com]

SECTION 3 – DISCLOSURE:

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 – HOSTING:

Our store is hosted on private servers. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored in our private server data storage & databases. They store your data on a secure server behind a firewall. Payment: All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. We do not store any credit card details ourselves, all payments are made through payment gateways such as PayPal, or eWay. Please refer to their privacy policies.

SECTION 5 – THIRD-PARTY SERVICES:

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Australia and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. Links When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY: To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. WEB BROWSER COOKIES Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

SECTION 7 – AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

SECTION 9 – YOUR ACCEPTANCE OF THESE TERMS:

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

QUESTIONS AND CONTACT INFORMATION: If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information to contact our Privacy Compliance Officer at [Rob@jenbertpythons.com]