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Website Terms and Conditions

Please read these terms and conditions ("terms and conditions" "terms") carefully before using www.mypetmemorials.com.au website (“website” "service") operated by Matthews Bronze Pty Ltd ("us" 'we" "our") trading as My Pet Memorials (“MPM”).

Conditions of Use

By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly. MPM only grants use and access of this website, its products, and its services to those who have accepted its terms.

Products

We offer our customers customized products for both human and pet use. You can personalize your order with various customizations such as engraving, prints, and other details. When placing an order, you can select the style and customization, and the final product will be based on the accuracy of the details you provide and approve. We may request you to scan and send any prints to us again if the images are unclear. In the event that we request further prints from you, we will contact you pursuant to the contact details that you provide us upon placing an order.

We are not liable for any typographical errors or changes in your preferences once the order is placed. Once you approve the artwork for customization, it cannot be returned or refunded unless there is a major defect. You agree and acknowledge that the size, placement, and overall look and feel of the products may slightly vary from the image displayed through the rendering service that is made available by us.

We reserve the right to review and reject any order containing artwork that we deem, at our sole discretion, to be offensive, inappropriate, or otherwise unsuitable.

Software for Technology Products

We grant all customers that purchase a software subscription product a non-exclusive, non-sub-licensable, non-transferable license to use the software for the purpose of realizing the benefits of the product, subject to the customer continuing its subscription payments. The customer must not:

  • Copy, alter, modify, translate, adapt, improve, enhance, reproduce, resupply, resell, or repackage the software;
  • Reverse assemble or reverse compile, directly or indirectly, the whole or any part of the software;
  • Sell, rent, sub-license, lend, assign, time-share, distribute, or otherwise make the software available or accessible to any third party; or
  • Use the software in a manner that is unreasonable, unlawful, or contrary to its intended use.

Prices and Payments

Prices that are quoted on the website are subject to change at our sole and absolute discretion and without notice. All of our prices are in Australian dollars and include GST.

We offer tiered pricing for wholesale (account) customers. If you are a wholesale customer, please log in to your account to view your specific price book. Prices for wholesale customers may differ based on order volume and other criteria specified in the tiered pricing structure.

You agree and acknowledge that we may use third-party payment gateways such as Stripe, and you agree to be bound by the applicable terms and conditions and privacy policy of the payment gateway provider.

Delivery

You agree and acknowledge that we shall engage a Third-party provider (Australia Post) to deliver the products to you. By accepting these Terms, you consent to have your personal information shared with Third-Party Providers for the provision of the delivery services, and as such, you consent for the Third-Party Providers (if any) to contact you for the primary purpose of providing the delivery services to you.

You are responsible for ensuring that the mailing details that you provide us are correct and up to date. In the event that you enter the deliver wrong address into our website, then we may, at our sole discretion, charge you an additional delivery fee for the re-delivery of the products.

If an order does not arrive during the selected timeframe, then it is your responsibility to inform us by contacting us on customercare@arrowbronze.com.au. We will then make inquiries into the delivery and will have the products resent to your delivery address as soon as possible. You agree and acknowledge that we will not be held liable for any loss or damage caused by any delays in the delivery of the Products.

You agree and acknowledge that the title to the products and the risk of loss or damage to the products passes to you upon you receiving the products through our delivery services.

Privacy Policy

Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.

Age Restriction

You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. MPM assumes no responsibility for liabilities related to age misrepresentation.

Intellectual Property

You agree that all materials, products, and services provided on this website are the property of MPM, its affiliates, directors, officers, employees, agents, suppliers, or licensors, including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute MPM’s intellectual property in any way, including electronic, digital, or new trademark registrations.

You grant MPM a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

You warrant that any artwork or other content that you provide to us for customization is properly licensed or owned by you and does not infringe on any third-party intellectual property rights. You agree to indemnify and hold us harmless against any claims, damages, or expenses, including legal fees, that arise as a result of a breach of this warranty.

User Accounts

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information.

If you are a wholesale customer, you must log in to your account to access the tiered pricing structure applicable to your purchases.

You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

We reserve all rights to terminate accounts, edit or remove content, and cancel orders at our sole discretion.

Disclaimer of Warranties and Guarantees

We provide our products and services “as is” and “as available”. To the maximum extent permitted by law, we expressly disclaim all warranties and guarantees of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and any other warranties that may arise under law.

You acknowledge and agree that:

  • The use of our products and services is at your sole risk;
  • We do not guarantee that the products or services will function without interruption, be secure, or that any defects or errors will be corrected;
  • We do not warrant or guarantee that the products or services will meet your specific requirements or expectations;
  • We do not warrant or guarantee the safety, reliability, or timeliness of our products, particularly the Pet Bluetooth Beacon.

Indemnification

You agree to indemnify MPM and hold its affiliates harmless against all losses, expenses, damages, and costs, including legal claims, demands, and legal fees, that may arise from your breach of these terms or use or misuse of our products or services. We reserve the right to select our own legal counsel.

In addition to the above, you agree to indemnify and hold MPM and its affiliates harmless from and against any and all claims, liabilities, damages, and expenses, including legal fees, that arise out of or are related to any artwork or content you provide for use in our products, including but not limited to claims of intellectual property infringement, defamation, or violation of any third-party rights.

Limitation on Liability

MPM makes no express or implied representation or warranty about the products or services referred to on the website. This includes but is not limited to loss or damage you might suffer as a result of the following:

  • Failure of performance, error, omission, interruption, defect, failure to correct defects, delay in operation or transmission, computer virus, or line failure;
  • Inaccurate, incomplete, or out-of-date information provided by us;
  • Any injuries sustained as a result of using the Pet Bluetooth Beacon.

We are not liable for any damages that may occur to you as a result of your misuse of our website, products, or services. MPM reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between MPM and the user, and this supersedes and replaces all prior agreements regarding the use of this website.

Termination of Agreement

This Agreement will continue to apply until terminated by either you or MPM as set out below. MPM may at any time, terminate its legal agreement with you if:

  • You have breached any provision of the terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
  • MPM is required to do so by law (for example, where the provision of the products or services to you is, or becomes, unlawful); or
  • The provision of the products or services to you by MPM is, in MPM's opinion, no longer commercially viable.

Governing Law

This Agreement is governed by and construed in accordance with the laws of Victoria, Australia, and you agree to submit to the exclusive jurisdiction of the courts in that State.

Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall be resolved through friendly negotiations between you and MPM. If no settlement can be reached through such negotiations, you agree to submit the dispute to the competent court in Victoria, Australia.

Miscellaneous

This Agreement constitutes the entire agreement between you and MPM with respect to the use of our website and the purchase of our products and services. It supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.

Our failure to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

We may assign or transfer our rights and obligations under this Agreement without your consent, and you agree to the transfer of this Agreement.