1. About the Website
1.1. Welcome to http://www.furmumma.com.au (the ‘Website’). The Website provides you with an opportunity to browse and book the services of FurMumma (the ‘Services’).
1.2. The Website is operated by FurMumma Pty Ltd (ACN: 654 611 659) t/as FurMumma. Access to and use of the Website, or any of its associated Products or services, is provided by FurMumma. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. FurMumma reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FurMumma updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FurMumma in the user interface.
3. Making a Booking
FurMumma requires all bookings for Services to be made via the booking system provided on the Website (‘the Booking System’). Once you have made a booking, you will be issued with a separate set of terms and conditions that will govern the Services.
4. Personal Information
4.1. When making a booking, you will be required to provide personal information such as your full name, password and e-mail address.
4.3. You agree that all details that you have provided in making a booking are true and correct.
5. Payment and Pricing for Services
5.1. Pricing for Services is set out on the Website. Pricing displayed on the Website is an estimate only. The final Services Fee (the ‘Services Fee’) is dependent on the Services you book through the Booking System. The Services Fee will be provided to you in an Invoice once you complete your booking.
5.2. The Services Fee must be paid prior to the date on which the Services commence (the Commencement Date).
5.3. FurMumma reserves the right to charge you additional Fees at the rate of $66 per hour should FurMumma need to take your pet(s) to the veterinarian or need to restock supplies for your pet(s) such as pet food, medication or litter.
5.4. You agree to pay any veterinary fees and costs incurred for your pet(s) if your pet(s)become ill or require veterinary care during the Services Period.
5.5. You agree to reimburse FurMumma for the cost of any supplies restocked for your Pet(s) within 7 days of provision to you of the receipts for restocked supplies.
5.6. The Services Fee can be paid by:
(a) Direct Deposit; or
5.7. Direct deposit details will be listed in the invoice provided to you when you complete your booking.
5.8. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the FurMumma terms and conditions which are issued at the time of making a booking.
5.9. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5.10. You agree and acknowledge that FurMumma can vary the Services Fee at any time.
6. Cancellation and Refund Policy
6.1 Fur Mumma understands that your circumstances can change and you may need to cancel your booking, in which case the following cancellation and refund policy will apply (Cancellation and Refund Policy).
6.2 You may cancel a booking by email to firstname.lastname@example.org or calling 0419263158. You may also cancel a booking via the portal.
6.3 If you cancel a booking the following cancellation fees and refunds will apply:
(a) If you cancel a booking with less than 24 hours’ notice the full Services Fee is payable. If the Services Fee has been paid prior to cancellation it will be forfeited.
(b) If you cancel a booking with 24-48 hours’ notice 50% of the Services Fee is payable. If the Services Fee has been paid prior to cancellation 50% of the Services Fee will be refunded and the remaining 50% is forfeited.
(c) If you cancel a booking with more than 48 hours’ notice you will not incur a cancellation fee. If the Services Fee has been paid prior to cancellation it will be refunded.
(d) If you cancel a Christmas, Easter or public holiday booking with less than 72 hours’ notice the full Services Fees is payable. If the Services Fee has been paid prior to cancellation it will be forfeited.
6.4 FurMumma does not provide a refund of any part of the Services Fee if you depart later than or return home earlier than the dates nominated in your booking.
6.5 FurMumma will provide you with a refund of the Services Fee in the event that FurMumma is unable to continue to provide the Services.
6.6 FurMumma can change the Cancellation and Refund Policy without notice. Bookings made in advance of the change will not be affected.
7. Copyright and Intellectual Property
7.1. The Website and Services of FurMumma are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content, documents, materials, and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes and are reserved by FurMumma or its contributors.
7.2 FurMumma retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7.3 You may not, without the prior written permission of FurMumma and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) FurMumma will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FurMumma make any express or implied representation or warranty about the Services or any products or Services (including the Services of FurMumma) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website and the Services of FurMumma; and
(d) the Services or operation in respect to links which are provided for your convenience.
10. Information Disclaimer
10.1. Any information, content or documentation provided on the Website, including within the associated blog are provided for general information purposes only.
10.2. FurMumma will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website including within the associated blog. All information on the Website including within the associated blog is prepared so that it is current as at the date of writing.
10.3. All care is taken in the preparation of the information and published materials including in the blog posts or on any other related platform. FurMumma does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
10.4. To the extent permissible by law, FurMumma will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the blog posts or on the Website or on any other related platform.
11. Limitation of liability
11.1. FurMumma’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2. You expressly understand and agree that FurMumma, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12. Mailing List Registration
12.1. You will be given the option to register for the FurMumma Mailing List (the ‘Mailing List’).
12.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
12.3. If you choose to register for the mailing list, you agree to receive promotional material, updates and other content from FurMumma.
13. Termination of Contract
13.1. The Terms will continue to apply until terminated by either you or by FurMumma as set out below.
13.2. If you want to terminate the Terms, you may do so by:
(a) providing FurMumma with 1 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where FurMumma has made this option available to you.
13.3. Your notice should be sent, in writing, to FurMumma at email@example.com.
13.4. FurMumma may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) FurMumma is required to do so by law;
(c) the provision of the Services to you by FurMumma is, in the opinion of FurMumma, no longer commercially viable.
13.5. Subject to local applicable laws, FurMumma reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FurMumma’s name or reputation or violates the rights of those of another party.
14.1. You agree to indemnify FurMumma, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your interaction with the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the NSW Law Society or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by FurMumma are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.