SURE PETCARE – eCOMMERCE – WEBSITE TERMS AND CONDITIONS OF USE

Please read and review the following terms and conditions of use carefully before using this website. By using this website, you agree to these terms and conditions of use. If you do not agree, please exit and disregard the information contained herein.

This website is owned and operated by SureFlap Limited (“MSD Animal Health”), a company incorporated in England and Wales (registered number 06399085) whose registered office is at Ground Floor Building 2030 Cambourne Business Park, Cambourne, Cambridge, Cambridgeshire, England, CB23 6DW. MSD Animal Health is a division of Merck & Co., Inc, of Rahway, NJ, USA, known as MSD outside the USA and Canada.

1. Scope. The terms of use set forth in this agreement apply only to your use of this website. MSD Animal Health and its affiliates operate other websites that are covered by their own terms and conditions as specified within those sites.  This website will allow you to make offers to purchase certain goods from MSD Animal Health. 

2. Access to and use of this site

2.1 Access to this website, use of this website, and the purchase of products via this website is restricted to consumers located in the jurisdiction identified on the website. 

2.2 You are responsible for maintaining the confidentiality of the user ID and password that you create in relation to your relevant user account that you access through this website.  You are responsible for ensuring that the details you provided to us are correct and complete, and for informing us of any changes to the information you have provided.  You can update and amend your details by contacting us.

2.3 You accept responsibility for all activities that occur under your user ID or password.  You should take all necessary steps to ensure that the password is kept confidential and secure.  You must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.  

3. Products available for purchase on this website

3.1 The images of the products on our website are for illustrative purposes only.  Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. The colour of your products may vary slightly from those images.

3.2 The packaging of the products that you purchase may vary from that shown on images on our site.

3.3 We reserve the right to amend the products listed on this website from time to time in our discretion.

4. Use of this website.

4.1 If you print off, copy or download any part of this website in breach of these terms of use, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.2 If you link to this website you must ensure that you do so in a way that is fair and legal and complies with applicable regulatory rules and guidelines and that does not damage MSD Animal Health or its affiliates’ reputation or take advantage of it. You must not establish a link in such a way so as to suggest any form of association, approval or endorsement by MSD Animal Health or its affiliates where none exists. Any link to this website must be deleted immediately if requested by MSD Animal Health. 

5. Service Access.

5.1 MSD Animal Health reserves the right to withdraw or amend the service provided on this website without notice.

5.2 We will use reasonable endeavours to ensure that availability of this website and all functions on this website will be uninterrupted and that transmissions will be error-free.  However, due to the nature of the internet, this cannot be guaranteed.  Also, your access to this website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.  We will attempt to limit the frequency and duration of any such suspension or restriction.  If at any time you are unable to access this website, please contact MSD Animal Health customer services at enquiries@surepetcare.com.au.

6. Liability

6.1 Nothing in these terms of use will limit or exclude MSD Animal Health’s liability to you where it would be unlawful to do so.

6.2 In the event that MSD Animal Health does not comply with these terms and conditions, it will be responsible for loss that you suffer. However, MSD Animal Health will not be responsible for (i) any loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure, or (ii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using this website. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and us knew it might happen.

6.3 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. In respect of any products sold to you via this website, this condition does not affect your legal right to have products sent within a reasonable time or to receive a refund if products ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

6.4 This website and the information contained on it is provided “as is” and without warranty of any kind. Use of this website, including any files or other data that may be downloaded from this website, is at the risk of the user and MSD Animal Health accepts no liability for any computer viruses, malicious software, harmful data or any other material which is technologically harmful infecting the user following its use of this website. Information contained on this website regarding MSD Animal Health products is not intended to be comprehensive or intended to amount to advice on which you should rely. You should obtain relevant professional or specialist advice before taking, or refraining from, any action on the basis of the content of this website.

6.5 Subject to this clause 6, the total aggregate liability of MSD Animal Health to you arising out of or in connection with these terms of use for any and all claims, whether in contract, outside contract (including negligence) or otherwise, shall in no circumstances exceed AU$100.

7. Representation. As a user of this website, you are liable for the accuracy of the information that you provide to MSD Animal Health. Should you provide us with feedback such as questions, comments, suggestions or the like regarding the content of this website, such information shall be deemed to be non-confidential and MSD Animal Health shall have no obligation of any kind with respect to such information and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information.

8. Privacy. MSD Animal Health takes the protection of your personal information seriously. When using this website you may be asked to provide your personal information (such as name, contact details and payment details) that may be shared by us with a third-party provider of payment services. Please refer to the privacy policy on this website on how MSD Animal Health handles your personal information.

9. User Generated Content. This website may include information and materials uploaded by other users of the website, including support forums. This information and these materials have not been verified or approved by MSD Animal Health. The views expressed by other users on our site do not represent our views or values and MSD Animal Health reserves the right to modify or delete any user generated content.  By uploading any information or material to the website, you give MSD Animal Health permission to use, copy, store, transmit and publish such information for MSD Animal Health’s business purposes, which include operating the website, product improvement and warranty purposes.  You agree that any information or materials you upload to the website shall: (a) comply with applicable law; (b) not infringe the rights of any third party; (c) not be defamatory, misleading, threatening or harmful; (d) not contain unsolicited promotional or marketing materials; and (e) not knowingly introduce or include any virus or harmful code.

10. Links to Other Websites. This website may contain links to other MSD Animal Health and non-MSD Animal Health Internet websites. MSD Animal Health assumes no responsibility for the content of non-MSD Animal Health Internet websites to which links are provided. Those Internet websites are governed by their own terms of use.

11. Links to Third Party Services. This website may contain links to services provided by third parties, including services of third-party payment services providers that may be engaged by MSD Animal Health to process payments for orders placed via its website, and not MSD Animal Health or its affiliates. MSD Animal Health assumes to responsibility for the services (including the quality and standard of such services) linked through this website. Such services are governed by their own terms of use.

12. Intellectual Property. All material on this website is copyright of MSD Animal Health or it has been granted permission to use such material, except where expressly stated otherwise. You may print one copy, and may download extracts, of any pages of this website (including expressly downloadable materials, such as product manuals) for your own personal use, provided that you do not modify the paper or digital copies of any website materials you have downloaded and do not use any illustrations, photographs, video, audio or graphics separately from any accompanying text. Reproduction of part or all of the contents in any form is prohibited other than in accordance with these terms of use.

13. Governing law. These terms of use, and any dispute or claim arising out of or in connection with them or its subject matter or formation (including non-contractual disputes or claims) (“Dispute”), shall be governed by, and construed in accordance with the law of Australia.

14. Jurisdiction. The courts of New South Wales have jurisdiction in respect of any Dispute provided that you shall not be prohibited from bringing legal proceedings in relation to these terms and conditions in the courts of your home jurisdiction under any mandatory consumer law.

15. Consequences. MSD Animal Health reserves the right to suspend or terminate your use of this website for any reason at any time without notice. You agree to indemnify and hold MSD Animal Health harmless from and against any and all loss, damage, or expense in connection with your breach of these terms and conditions. If any dispute arises regarding this agreement or your use of this website, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to the applicable jurisdiction of the courts in clause 14, above.

16. Changes to these terms. MSD Animal Health may update these terms periodically. MSD Animal Health reserves the right to modify, add or remove portions of these terms at its discretion. If we decide to change these terms, we will post the amended terms of use on this site or, in some cases (such as where more comprehensive changes to these terms and conditions are made), may provide notice of the changes by e-mail. These terms and conditions were last updated on the date stated at the bottom of this page.

17. Assignment. You shall not, without MSD Animal Health’s prior written consent, assign or transfer or purport to assign or transfer, any of your rights or obligations under these terms of use or the benefit thereof to any other person. 

18. Third Party Rights. Other than any affiliate of MSD Animal Health, a person who is not a party to these terms of use many not enforce any of its terms.

19. Entire Agreement. These terms of use and the MSD Animal Health terms and conditions of sale (where applicable) constitute the entire agreement between the parties in respect of its subject matter.  You confirm that, in agreeing to enter into these terms of use, you have not relied on any representation, warranty, collateral contract or other assurance (“Assurance”) except those set out in these terms of use and to the extent any other Assurance was otherwise made to you, you waive all rights and remedies with respect thereto.

20. Product Support. If you require assistance with regards to any functionality of our products, please see the support page on the website or otherwise contact us using the information on the website.