The website www.equineid.com.au and its related services, products, websites, tools and applications (“Website”) is owned and operated by Equine ID Solutions Pty Ltd ACN 629 698 531 (“Company”)

These terms and conditions (“Terms and Conditions”) together with all other documents referred to within these Terms and Conditions govern the supply of any Products ordered by you on the Website or by any other means, including by phone, over the counter or email. By placing an order on the Website and clicking the “I agree” button (or a similarly worded button) you agree to be bound by these Terms and Conditions. If you don’t agree to be bound by these Terms and Conditions, you must not use the Website.

These Terms and Conditions may be updated by us from time to time. Each order placed on the Website will be a separate contract and the Terms and Conditions that apply to an order will be the Terms and Conditions that you agree to at the time you place your order.

1. AGREEMENT
   • 1.1 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.
2. USING THIS WEBSITE
   • 2.1 The Company produces identification tags and plates for the equine industry with new laser marking machinery to ensure long lasting and durable products including but not limited to those referred to on the Website at equineid.com.au/products (together the Products). The Company supplies these Products through the Website. These terms will apply to all Products supplied by the Company.
   • 2.2 Your use of this Website is by non-exclusive right granted by us strictly in accordance with these Terms and Conditions, Terms of Use, Privacy Policy and any other of our policies.
3. YOUR ACCOUNT
   • 3.1 To access and use the Website and Services, you will be required to create an Account at checkout or select “Express Checkout”. You may also create an account at equineid.com.au/my-account/. You must be 18 years of age to create an Account. When creating your Account you will be required to select a unique username and password for your Account. You will be asked to fill in your details, namely your personal details such as full name, mobile number, email address, billing and delivery information and payment details. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
   • 3.2 If you do not wish to create an Account you may choose the option “Express Checkout”. If you choose this option you will still be required to fill in your details, namely your personal details such as full name, mobile number, email address, billing and delivery information and payment details.
   • 3.3 If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. You should contact us immediately if you believe your Account has been compromised or misused in any way.
   • 3.4 When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Services in our absolute discretion in accordance with our Terms of Use and Privacy Policy.
4. PLACING AN ORDER FOR GOODS
   • 4.1 You may place an order for Products by submitting your order through the Website in accordance with these Terms and Conditions.
   • 4.2 Any order placed through this Website for Products is an offer by you to purchase the particular Products for the purchase price at the time you place an order. You acknowledge that by placing your order, you are agreeing to pay for and accept delivery of the Products ordered. Any order placed by you is subject to any limitations shown on the Website.
   • 4.3 By placing the order you are declaring that the goods are for your personal use only and will not be made available for resale by you or by someone with your authority.
   • 4.4 We reserve the right to accept or reject your order (or any part thereof) at any time and for any reason.
   • 4.5 The purchase price for the Products will be displayed on the Website at equineid.com.au/products/ at the time you place an order. Prices and all other details for our Products are subject to change without notice.
   • 4.6 Delivery is not included in the purchase price for the Products. We will provide you with a separate quote for the delivery fee which must be paid before the Products are dispatched to you and by the time specified by us.
5. PAYMENT
   • 5.1 You must make payment via a method accepted by us as stated on the Website. To avoid any doubt, we accept the following payment options:
     • PayPal;
     • Credit Card (Visa or MasterCard);
     • Direct Debit;
     • ZipPay;
     • AfterPay;
     • Our Gift Vouchers; and
     • Promotion or discount codes.
   • 5.2 We will charge you and you agree to pay the purchase price and any other fees shown to you on the Website for the Products at the time you place your order, except where otherwise specified. Any payments for an order of Products must be received in cleared funds before the Products will be dispatched. If your payment cannot be processed, or fails to clear, your order will be rejected and you will be notified by the Website.
   • 5.3 You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
   • 5.4 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card may attract a small surcharge). You agree to pay such fees at the same time as you make payment to us, even if such fees are not explicitly disclosed on the Website.
   • 5.5 Prices shown on the Website are in Australian Dollars (AUD) and include GST, unless otherwise stated.
   • 5.6 All payments must be made in clear funds without set-off or counter claim.
6. ADVERTISEMENT OF PURCHASE

• • 6.1  For marketing purposes and with your consent we may advertise the Product or Products you have purchased on our Website for other users to see in accordance with our Privacy Policy.
  • 6.2 Advertisement of your purchased Product or Products will be in the form of photographs. Any Personal Information contained on the Products will be distorted to ensure it is not identifiable.
  • 6.3 At the time of placing your order, you will be prompted to click “I consent” or “I do not consent” to us publishing and advertising photographs of your purchased Product or Products.

7. CANCELLATION
   • 7.1 We may cancel an order for Products at any time (including any orders we have accepted) without any liability to you for that cancellation for any reason including where:
     • the Products are not available; or
     • there is an error in the description or price of any Products on the Website relevant to your order.
   • 7.2 If we do cancel your order, we will endeavour to notify you and provide you a refund of all payments made.
8. PROMOTIONS AND DISCOUNTS
   • 8.1 From time to time we may provide you with a promotional or coupon code for use when placing and order. It is your responsibility to ensure that the code is valid, and that you enter the code for use at the correct time. The code cannot be applied after you have submitted your order. Separate terms may apply to the use of the code and will be advised by us.
9. GIFT VOUCHERS

• • 9.1 Our Gift Vouchers can be purchased through our Website in the same way as Products. Our Gift Vouchers are electronic only. If you add a Gift Voucher to your cart, you will be prompted to enter your chosen value. Your chosen value will then be returned to you in the form of an electronic gift card to be used on our Website.
  • 9.2 Gift Vouchers are redeemable for 12 months from the date of purchase. You and/or the person for whom the Gift Voucher is for are solely responsible for the Gift Voucher.
  • 9.3  In the event that the Gift Voucher expires before being used or it is lost, stolen or damaged you agree and acknowledge that we are not liable for any associated loss or damage sustained.

10. SHIPPING AND DELIVERY
    • 10.1 Costs of Delivery
      • 10.1.1 Except where otherwise indicated on the Website at the time you place your order, the costs of delivery of Products are payable in addition to the price of the Products. The costs of delivery will be dependent on your location. You must pay the costs of delivery of Products at the time you place an Order or at another time notified by us.
      • 10.1.2 You are required to pay any duties or taxes which attach to the supply and delivery of your order, including but not limited to custom duties, at the same time as you pay for the Products or otherwise at the time specified by us.
    • 10.2 Delivery of Products in Australia
      • • 10.2.1 Once we have accepted your order and received a valid payment in full for the Products we will endeavour to process, post and deliver the Products within 14 days or as otherwise specified on the Website however we are unable to guarantee delivery within these timeframes.
        • 10.2.2 We use Australia Post as our shipping method. However, we may from time to time use a courier or inhouse delivery.

• • 10. 3 Delivery of Products Overseas
    • 10.3.1 Once we have accepted your order and received a valid payment in full for the products we will endeavour to process and post the Products within 14 days. Estimated delivery times will be dependent on your location. You acknowledge that we are not responsible for any delay in delivery.
    • 10.3.2 We use Australia Post International Standard as our shipping method.
  • 10.4 Delivery Generally
    • 10.4.1 Please note that all shipping times listed on the Website are an estimate time of delivery only and to the extent permitted by law, we are not responsible for any delays experienced or loss or damage suffered as a result.
    • 10.4.2 If you provide us with authority to leave the Products, then your order will be left unattended at the delivery address you nominate at checkout. In doing so we will not be held liable for any loss or damage that is suffered to your Products as a result.
    • 10.4.3 If you do not provide us with authority to leave then if you are not available to take delivery of the Products, or if another issue arises we may at our discretion either take your Products to a delivery service provider’s local depot or redeliver the Products to your delivery address at a later date.
    • 10.4.4 If we deliver your order to your delivery address and you do not collect the order within the timeframe specified by us or our delivery agent, the order may be returned to us. In that case, you must contact us to arrange for re-delivery and collection (in which case you must pay the costs of return, storage and redelivery prior to the Products being re-delivered).
    • 10.4.5 We deliver to most residential and business addresses across Australia, New Zealand and other Overseas locations, however unfortunately there are certain areas that we are unable to deliver to. If after receiving your order we become aware that your delivery address is not one we are able to deliver to, we will notify you.
    • 10.4.6 If there is any delay with the delivery of your order then we will contact you as soon as possible.
  • 10.5 Risk and Title
    • 10.5.1 Until an Order is paid for in full, title in the relevant Good remains with us.
    • 10.5.2 If an item you purchase is to be delivered, the risk in such item will pass to you:
      • in the case of delivery to a collection address – when it is delivered; or
      • in the case of delivery to your home address – if we are unable to deliver the item to the delivery location for any reason, (for example if no one is present to accept delivery), when we or our carrier first attempt to deliver the item.

11. RETURNS AND REFUND
    • 11.1 Consumer Guarantees
      • 11.1.1 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in this Clause 11 shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
    • 11.2 Change of Mind Returns
      • 11.2.1 If you purchase Products from us which are from our blank or re-usable ranges, and you wish to return them because you have changed your mind about the purchase, we are pleased to offer you an exchange or credit provided that:
        • you return the item within 14 days of purchase;
        • you present to us your receipt or other adequate proof of purchase;
        • the item is in re-saleable condition, including its original packaging (if any) and is unused and as sold; and
        • you pay all return costs of shipping.
      • 11.2.2  This clause does not apply to Gift Vouchers or custom Products which are not from our blank or re-usable ranges.
    • 11.3  Faulty Products Returns
      • 11.3.1 We will accept a return and provide you with a refund or repair where:
      • the Products are either:
        • faulty or not of acceptable quality; or
        • not fit for their intended purpose; or
        • do not match the sample or our description; and
      • you can present to us your receipt or other adequate proof of purchase; and
      • the Products are returned to us in accordance with Clause 11.3.2; and
      • the Products are assessed by us as being faulty in accordance with Clause 11.3.4.
    • 11.3.2   How to Return Products
      • 11.3.2.1 To return Products you must contact us at sales@equineid.com.au and provide information regarding your Products the fault (if faulty product return) within 7 days of delivery.
      • 11.3.2.2 You must do all that is reasonable to prevent the Products from becoming faulty or mitigate any further harm or damage. Products must be stored in a manner that does not cause any further harm or damage to the Products. Products (whether faulty or not) must be stored and handled in the same manner as if they had no fault.
      • 11.3.2.3  If the product return is a faulty product return, we may require that you provide us with proof of the fault including by way of photographic or video evidence before you send it to us. In providing this information to us you authorise our use and disclosure to those third parties that may assist us in assessing the fault.
      • 11.3.2.4 Once we have received your information we will provide you with a Return Authority Number and further instructions on how to send the Products back to us. Please note that we reserve the right to assess the Products which are faulty products returns before providing a replacement or refund in accordance with Clause 11.3.4. We also reserve the right to assess the Products which are change of mind before providing an exchange or credit in accordance with clause 11.2.
    • 11.3.3   In sending the Products back to us:
      • 11.3.3.1 you must ensure the Products are packaged and stored in a way that will not cause any further harm or damage to the Products. We are not responsible for any damage caused during return transit due to inadequate protection or storage methods. Certain Products will require certain levels of safekeeping. If you are unsure, please contact our staff today;
      • 11.3.3.2 you must ensure that the Products are packaged and delivered with registered post (or a similar service). We will not be responsible for any Products lost in the post;
      • 11.3.3.3 certain costs may be incurred by you in returning the Products to us, including postage or freight costs. We are not liable for those return costs (although if we accept that a Good is defective we may reimburse you the costs of return upon receipt of evidence of the costs incurred); and
      • 11.3.3.4 you must return the Products in the way as instructed by us or we will be unable to process your return and your Products may be forfeited.
    • 11.3.4 Products Being Assessed
      • • 11.3.4.1 Once the Products are returned to us we reserve the right to assess the condition and age of the Products before providing a replacement or refund. If the Products have been damaged through abnormal use, or you fail to take reasonable steps to prevent the Products from becoming faulty we cannot offer a refund or replacement.
        • 11.3.4.2 For some Products that we cannot assess ourselves, we may arrange for the Products to be sent to the manufacturer for assessment. In these circumstances, depending on the Products, please be aware that it may take up to 6 weeks to complete this process.
        • 11.3.4.3  If there is a minor fault and the Products can be repaired, we will repair it for you or refund the purchase price, at our discretion.
        • 11.3.4.4 If there is a major fault, you may choose to receive a refund, replacement or repair.
        • 11.3.4.5 In the event that we do not find a fault in the Products, the replacement or refund will be refused, and the Products will be returned to you at your cost.
      • 11.3.5 In the event that you fail to comply with any of your obligations set out under this Clause 10.5, including in respect of the return of Products, we reserve the right to refuse to provide you with a replacement or refund of the Products in our discretion (acting reasonably).
      • 11.3.6 Refund Processing
        • • Any refunds provided under this Returns Policy will be issued to the same credit card(s) used for purchase and will be processed within 3 weeks of confirmation that the conditions of refund have been met.
    • 11.3.7 Manufacturer’s Warranty

• • • 11.3.7.1 In certain circumstances you may be entitled to a remedy from the relevant manufacturer of the Products and not us.
    • 11.3.7.2 In these circumstances you should first phone us and we can provide you with further assistance in communicating with the relevant manufacturer of the Products.
  • 11.4 ACCURACY OF BILLING AND ACCOUNT INFORMATION
    • 11.4.1 You agree to provide current, complete and accurate purchase and account information for all orders made on our Website. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  • 11.5 ACCESS AND TERMINATION
    • 11.5.1 We reserve the right, at any time and without prior notice, to remove or disable access to this Website or any part of it for any reason in accordance with our Terms of Use.

• • 11.6 PROHIBITED USE
  • 11.6.1 You must not engage in prohibited use of our Website and/or our Services as defined at Clause 14 of our Terms of Use.
  • 11.6.2 In addition, use of the Website and our Services, and your information, must not:
    • create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider or other Users;
    • breach or violate any of our policies;
    • copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms and Conditions and our Terms of Use, Privacy Policy and any other of our policies;
    • use the Website for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with the Company;
    • attempt to circumvent payment of any fees in any way; or
    • circumvent, disable or otherwise attempt to interfere with any security related features.
  • 11.7 DISCLAIMER
    • 11.7.1 You acknowledge and agree that your use of this Website is at your own risk. We provide this Website on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. We exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
    • 11.7.2 You acknowledge that:
      • all pictures and images of Products displayed on the Website are for illustrative purposes only;
      • any accessory featured with the Products may be sold separately; and
      • we are not responsible for any information made available on this site, and we do not represent or warrant the accuracy of any information. The Company does not promise that the Website or any content will be error-free or uninterrupted, or that your use of the Website will provide any specific results. You assume total responsibility for your use of the Website. We cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features.
  • 11.8 LIMITATION OF LIABILITY
    • 11.8.1 Pursuant to Clause 19 of our Terms of Use, to the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website or its use or the Services.
    • 11.8.2 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, and the goods are not of a kind ordinarily acquired for personal, domestic or household use our total liability to you for that failure is limited to, at our option the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
    • 11.8.3 Subject to the other terms of this clause, our maximum aggregate liability to you in any 3-month period for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual charges paid by you under these Terms and Conditions in the 3-month period preceding the matter or event giving rise to the claim.
  • 11.9 INDEMNITY
    • 11.9.1 You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of your breach of these Terms and Conditions or any policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of the Services.

• • 11.10 INTELLECTUAL PROPERTY RIGHTS
    • 11.10.1 You acknowledge that you have read, understood and agree to our Terms of Use which define the Company’s intellectual property rights at Clause 13. Specifically, that the Company owns all right, title and interest in and to the Services, Products, Website and the Company Content, including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws.
    • 11.10.2 You consent to the Company transferring your data to third party IT providers, including our website host and back-up service provider which may be outside of Australia in accordance with our Privacy Policy.
    • 11.10.3 You agree that:
      • you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any Company intellectual property except with the prior written permission of the Company or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
      • the Company owns all right, title and interest in and to the Website and no right, title or interest is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
      • if you add any information to the Website of any nature whatsoever that information is personally attributable to you and you warrant that you have the right to distribute that information;
      • you acknowledge that when you provide us with information, we may receive additional related data, such as the time, date and place you provided the information;
      • the Company is not liable or responsible for any loss that you may experience in submitting information to the Company or for the Company’s use of your information in accordance with the non-exclusive access granted.
    • 11.10.4 The Company may in its sole and absolute discretion refuse or remove any information from the Website.
  • 11.11 LINKS
    • 11.11.1Outbound links to external websites do not form part of the Website and are not under the control or the responsibility of the Company.
  • 11.12 THIRD PARTY SERVICES
    • 11.12.1 We may list or provide you with third party services on the Website.
    • 11.12.2 You acknowledge and agree that by utilising any third party services through our Website (such as PayPal, ZipPay, AfterPay or any other payment provider) you are bound by the terms and conditions of that third party. If payment is processed via credit card through PayPal, you do not have to be registered with PayPal to make payment. The payment transaction will be processed by your credit card company at PayPal’s request immediately after confirmation of the payment order and your legitimacy as a legal cardholder. You will receive further information during the order process. If payment is processed through PayPal standard, ZipPay or AfterPay then you may be required to register with the relevant third party and create an account.
    • 11.12.3 You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third party terms of agreement when using the Website. We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms.
    • 11.12.4 In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.
  • 11.13 PRIVACY 
    • 11.13.1 You agree that you have read, understood and agree to our Privacy Policy and Terms of Use and acknowledge that they apply to the use of this Website, and its terms are made a part of these Terms and Conditions by this reference.
    • 11.13.2 By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.
    • 11.13.3 You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods requested by you and in accordance with our Privacy Policy.
  • 11.14 GENERAL TERMS
    • 11.14.1 These Terms and Conditions are governed by the laws of Victoria, and the parties submit to the jurisdiction of the Courts of Victoria and relevant federal/Commonwealth courts competent to hear appears from them.
    • 11.14.2 If a clause of these Terms and Conditions is void or unenforceable it must be read down to the extent necessary to give it legal effect or severed from if it cannot be read down and the remaining part and provisions shall remain in full force and effect.
    • 11.14.3 You agree that these Terms and Conditions and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining our prior written consent.
  • 11.15 CHANGES TO TERMS OF SERVICE
    • 11.15.1 You can review the most current version of the Terms and Conditions at any time at this page.
    • 11.15.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. We will not update our Terms and Conditions retrospectively.
  • 11.16 CONTACT INFORMATION
    • 11.16.1 If you have any questions about these Terms and Conditions please contact us by using our contact details on the Website.
  • 11.17 DEFINITIONS AND INTERPRETATION
    • 11.17.1 Definitions
      In these Terms and Conditions unless inconsistent with the context or subject matter:

• • • • Account means an account on the Website;
      • Applicable Laws means any Applicable Laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services;
      • GST has the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth);
      • Gift Vouchers means our electronic gift vouchers;
      • Company, our, us and we means Equine ID Solutions Pty Ltd;
      • Privacy Policy means our privacy policy accessible on the Website at https://equineid.com.au/ privacy-policy/;
      • Products has the meaning given to it under Clause 1 and includes any other products offered for sale on the Website or as advised by us from time to time including our Gift Vouchers;
      • Services means any services we provide to you, including the Website and the sale of Products;
      • Terms of Use means the Terms of Use used to govern your use of the Website, in addition to these Terms and Conditions, accessible on the Website at equineid.com.au/terms-of-use;
      • User means any person who uses the Website;
      • you and your means a User.

• • • 11.17.2 Interpretation
      In these Terms and Conditions, unless inconsistent with the context or subject matter:

• • • • a reference to a person includes any other legal entity and vice versa;
      • words importing the singular number include the plural number and vice versa;
      • a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
      • headings are for reference purposes only;
      • where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
      • references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
      • unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
      • an obligation of two or more parties binds them jointly and each of them severally.

• • • 11.18 GENERAL
      • 11.18.1 These Terms and Conditions were last updated on 12 September 2019 by Merton Lawyers of 1/26 Liddiard Street Hawthorn Vic 3122.