Terms and Conditions
Genvet Pty Ltd Veterinary Pharmaceutical Wholesaler TERMS AND CONDITIONS
This web site and domain name (Web Site) is owned and operated by Genvet Pty Ltd (Genvet).
Use of the Web Site is conditional on your agreement to and compliance with these terms and conditions.
Use of the Web Site for the purchase of products and access to the services and online resources of Genvet (Services) is conditional on you becoming a registered customer of Genvet and agreeing to and complying with these terms and conditions.
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ACCEPTANCE OF TERMS AND CONDITIONS
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1.1 By clicking on the "I Accept" button below, you acknowledge that you have read and agree to be bound by these terms and conditions as amended from time to time (Terms and Conditions).
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1.2 Genvet may, in its absolute discretion, modify or amend these Terms and Conditions from time to time and those modifications or amendments will be binding on you once displayed on the Web Site. You agree to be bound by these Terms and Conditions as amended from time to time and agree to review the Terms and Conditions before using the Web Site.
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BECOMING A CUSTOMER
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2.1 To use the Services you must:
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2.1.1 register as a customer of Genvet by creating a Genvet account using Genvet's current Customer Registration Form (membership); and
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2.1.2 comply with these Terms and Conditions as amended at all times.
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2.2 There is no fee for becoming a customer of Genvet.
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2.3 To register as a customer of Genvet you must be:
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2.3.1 over eighteen (18) years of age;
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2.3.2 a registered veterinarian;
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2.3.3 the principal of a veterinary surgery; and
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2.3.4 have the legal capacity to enter into a legally binding contract.
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2.4 If your application for membership is accepted by Genvet by its permitting you to use the Services, you agree as follows:
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2.4.1 You will be issued with a user name and password;
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2.4.2 You will be responsible for ensuring the security of your computer and maintaining the confidentiality of any issued user name and password to the Web Site and of your data.
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2.4.3 You must notify Genvet immediately if you become aware of any unauthorised use of your issued user name and/or password;
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2.4.4 You must take your own precautions to ensure that the processes which you employ for accessing the Web Site do not expose you or Genvet to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Genvet does not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your access to the Web Site;
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2.4.5 Your use of the Web Site is your responsibility and is entirely at your own risk and you accept full responsibility for all and information that you transmit via your membership to the Web Site;
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2.4.6 You must not use, reproduce, sell, resell or otherwise exploit any content on the Web Site or any part of it for commercial purposes;
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2.4.7 You are responsible for acquiring and maintaining all equipment, services and software necessary for your access to the Web Site.
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2.4.8 You are responsible for all telecommunication fees or charges incurred as a result of connecting to the Web Site
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TERMINATION OF MEMBERSHIP
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3.1 Your membership will continue until terminated in accordance with these Terms and Conditions.
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3.2 Genvet may, in its absolute discretion, and without notice or liability to you:
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3.2.1 refuse your application for membership;
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3.2.2 terminate your membership if:
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you breach these Terms and Conditions;
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you act in a way that, in the reasonable opinion of Genvet, is likely to be detrimental to the interests of Genvet.
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3.3 If Genvet terminates your membership, Genvet may, in its absolute discretion stop providing you with access to the Web Site and the Services.
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3.4 You may terminate your membership at any time by sending an e-mail to Genvet requesting termination.
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WARRANTIES PROVIDED BY YOU
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4.1 You warrant and acknowledge that:
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4.1.1 you:
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are the party referred to in the Customer Registration Form;
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are over the age of eighteen (18) years;
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are a registered veterinarian;
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are a principal of a veterinarian practice; and
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have the legal capacity to enter into a legally binding contract.
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4.1.2 the information you provide on this Web Site is:
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correct, complete and current;
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not misleading or deceptive or likely to mislead or deceive; and
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free from any programming bugs or computer viruses, faults or errors;
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4.1.3 you will comply with all applicable laws in relation to your use of the Web Site, any transactions entered into on this Web Site and you will not use this Web Site for any illegal or fraudulent purpose;
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4.1.4 you will not impede the use of this Web Site by any person; and
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4.1.5 you will maintain secrecy and confidentiality of all username and password information required by you to access the Web Site and the Services and you will immediately notify Genvet if your password has been lost, stolen or compromised in any way; and
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4.1.6 you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password.
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PRODUCTS SUPPLIED BY GENVET VIA THE WEB SITE
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5.1 Orders placed for Genvet products via the "shop" section of the Web Site (Genvet Products) will be subject to Genvet's usual terms and conditions of supply.
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5.2 The prices of products and other charges displayed on this Web Site may change at any time. Unless stated otherwise, the prices of products and other charges displayed on this Web Site are exclusive of goods and services tax.
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5.3 You are responsible for payment of any taxes, duties or other charges associated with and imposed on any Genvet Product ordered from this Web Site, including, but not limited to, goods and services taxes.
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5.4 The Genvet Products promoted on this Web Site are subject to availability and may change from time to time.
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5.5 An order placed by you on this Web Site for Genvet Products is only an offer by you to purchase a Genvet Product for the price (including other charges) as displayed on the Web Site. Genvet reserves the right to accept or reject your offer for any reason whatsoever. Reasons may include, but are not limited to, the unavailability of a product or service or an error or change in the price displayed on this Web Site.
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5.6 Your contract with Genvet will only come into existence when Genvet advises you in writing that it has accepted your order.
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TERMS AND CONDITIONS FOR SUPPLY OF GENVET PRODUCTS
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6.1 Payment
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6.1.1 Upon placing of an order for Genvet Products, a statement of account / invoice will be sent to your nominated contact address as set out in your Customer Registration Form.
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6.1.2 You will pay Genvet the price stated in the invoice on the payment date specified in the invoice. Generally, invoices are due for payment on the fourteenth (14th) day of each calendar month.
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6.1.3 Payment of invoices may be made by cheque, Mastercard, Visa Card or direct debit into Genvet's nominated account (as stated on the invoice).
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6.1.4 Genvet reserves the right to charge you interest on overdue payments at the rate of 11.85% per annum.
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6.1.5 You agree to pay Genvet any expenses (including legal costs assessed on an indemnity basis) incurred in collecting any outstanding debts due by you to Genvet.
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6.2 Delivery, Risk & Title
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6.2.1 Unless otherwise specified in the order, delivery charges for Genvet Products will be based on Genvet's standard charges as may be notified to you from time to time.
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6.2.2 Any delivery times notified to you are estimates only and although Genvet will endeavour to deliver the Genvet Products on time, Genvet is not responsible for any late delivery of any Genvet Product.
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6.2.3 If you request Genvet to postpone delivery of the Genvet Products beyond the delivery date or dates specified in any order, or if you are not at the delivery address at the time Genvet delivers the products to you, Genvet may charge you an additional fee for the postponement and/or redelivery.
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6.2.4 Genvet is only responsible for delivering the Genvet Products ordered by you to the delivery address provided by you in the Customer Registration Form.
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6.2.5 The risk of loss or damage to the Genvet Products ordered by you passes to you on the date and at the time that the Genvet Products ordered by you are removed from storage or Genvet's warehouse for the purpose of delivery to you. Genvet's dispatch document will be conclusive evidence of this.
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6.2.6 It is expressly agreed and declared that the Genvet Products ordered by you and delivered by Genvet to you remain the sole and absolute property of Genvet as legal and equitable owner until all money due to Genvet has been paid.
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DISCLAIMER
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7.1 You acknowledge that:
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7.1.1 Genvet gives no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information contained on or accessed through this Web Site (Information).
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7.1.2 Genvet takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in this Web Site or the Information.
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7.1.3 You will not rely solely on the Information in determining whether to use the Services or whether to purchase any Genvet Products and you will make your own enquiries as to the suitability of the Information, the Services and the Genvet Products.
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7.1.4 Genvet may, without notice to you, and at any time, modify or discontinue the Services or any other services offered on this Web Site.
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7.1.5 Genvet does not warrant or represent that:
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any message posted, uploaded or otherwise transmitted to or from this Web Site has not been altered in transmission;
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any message posted, uploaded or otherwise transmitted to or from Web Site will be received by the intended recipient; or
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any information (including any file) downloaded or otherwise transmitted to you from this Web Site is free from viruses, faults or errors.
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7.1.6 Although Genvet will try to ensure that this Web Site is accessible to users, Genvet does not warrant that users or potential users will have continuous access to this Web Site. Genvet will not be liable if this Web Site is unavailable to users or potential users due to:
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any events caused by Genvet, whether negligent or not; or
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any events beyond the control of Genvet, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.
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7.1.7 The Web Site may contain links to third party web sites (Linked Sites). Linked Sites are not under Genvet's control and Genvet is not responsible for the content of any Linked Site or hyperlink contained in any Linked Site (Subsequent Site). Genvet provides hyperlinks to you as a convenience only and the inclusion of any hyperlink does not imply any endorsement of a Linked Site by Genvet, its directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.
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7.1.8 Neither Genvet, its directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Site or Subsequent Site, nor does Genvet, its directors, officers, agents, employees and contractors accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.
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LIMITATION OF LIABILITY
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8.1 To the full extent permitted by law, Genvet, its directors, employees, agents, contractors and related bodies corporate, will not be liable to any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:
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8.1.1 any use of this Web Site or of the information for whatever reason;
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8.1.2 any goods, products or services purchased or obtained from this Web Site; or
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8.1.3 or omission, or any other cause whatsoever. any transaction entered into through this Web Site, whether or not the loss or damage was as a result of error or misrepresentation, negligent act
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8.2 If any law prohibits the exclusion of such liability, Genvet limits its liability to the extent permitted by the law and at its option:
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8.2.1 if the breach relates to goods or products supplied by Genvet:
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the replacement of the goods or products or the supply of equivalent goods or products; or
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the repair of such goods or products;
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the payment of the cost of replacing the goods or products or of acquiring equivalent goods or products; or
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the payment of the cost of having the goods or products repaired;
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8.2.2 if the breach relates to services supplied by Genvet:
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the supplying of the services again; or
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the payment of the cost of having the services supplied again;
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8.2.3 if the breach relates to the supply of information, to the re-supply of that information.
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INDEMNITY
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9.1 You indemnify and keep indemnified Genvet, its directors, officers, agents, employees and contractors and keep Genvet against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
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9.1.1 any breach by you of these Terms and Conditions;
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9.1.2 any reliance by you on any information obtained through the Web Site; and
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9.1.3 your access to the Web Site.
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COPYRIGHT AND TRADE MARKS
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10.1 The materials displayed on the Web Site including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trademarks on the Web Site (Content) are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise on the Web Site.
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10.2 You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute the Content in any way except as provided in these Terms and Conditions or without Genvet's express prior written consent.
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GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
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ENTIRE AGREEMENT
These Terms and Conditions set out the entire agreement and understanding between you and Genvet and supersede all prior agreements, understandings, representations and warranties, whether express or implied.
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PROVISIONS SEVERABLE
If any provision of these Terms and Conditions is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected, and such invalid, illegal or unenforceable provision is to be severed from these Terms and Conditions.
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PRIVACY
For information about how Genvet handles personal information, please refer to our Privacy Statement accessible from the Web Site.
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DISCLAIMER
You acknowledge and agree that you have reviewed and agree to abide by the terms of the Disclaimer on the Web Site and as amended from time to time.