Firstly, we hate spam, we don't spam, and we will never spam. Spam spam spam spam spam spam... it's a ridiculous word and a hateful activity and we're sick of it. I'm sure you are too. It invades our forum, our email inboxes and our mailbox. If spam were a person we'd like to slap its face. But it's not, so all we can do is assure you that we don't do it. Your email is your property and we won't sell it, give it away or otherwise distribute it intentionally to anyone else unless you tell us to. Now that's cleared up, here's the other stuff:
Registration is not required to gain access to the Site. However, there are sections of the web site which do require a password, for example the Login page.
Collection of IP addresses
When you visit our Site, some information such as your Internet protocol address, Internet service provider, operating system, the Site from which you arrived, and the time and date of your visit may be collected automatically as part of the software operation of this Site. This intake of information is not personally identifiable. Doogie Stuff Pty Ltd uses this information solely for internal marketing purposes, for example, to see what pages are most frequently visited in order to improve the Site. After it is used for internal marketing purposes, this information is discarded.
Any time Doogie Stuff Pty Ltd collects information that you voluntarily submit, it is Doogie Stuff Pty Ltd's intent to inform you of why this information is being requested and how it is going to be used. We may collect personal information from you including phone, electronic mail address, and other information you choose to provide at various times, for example, when you complete an online form or request. Doogie Stuff Pty Ltd uses the personal information we collect online to process your requests, inform you of opportunities that we believe you might find interesting, and to understand your needs so that we can provide you with the highest quality of service. Doogie Stuff Pty Ltd intends to protect and secure the personal information that you submit to this Site. Doogie Stuff Pty Ltd will not sell, distribute, or give your personal information to any third party without your knowledge and consent. Doogie Stuff Pty Ltd shall not be liable for any personal information that you submit to external vendors or to any web site linked to this Site.
Children's usage of the Site
This Site is intended for adult use only. It is not intended for children, and we ask that minors not submit any personal information to us.
Nature of Data on the Internet
It is Doogie Stuff Pty Ltd's intent to guard any personal information that you submit to us, and Doogie Stuff Pty Ltd will continue to take steps to maintain the security of this Site. However, due to the open nature of the Internet, such data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended. Therefore, in submitting personal information to the Site, you assume the risk of a third party obtaining that information.
This service located at “www.litterkwitter.com” is a web site owned and operated by Doogie Stuff Pty Ltd. This Site is intended to provide information that might be of interest to users. The contents of this Site, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are the copyrighted material of Doogie Stuff Pty Ltd. Copyright © 2006-07 Doogie Stuff Pty Ltd. All rights reserved. All Trademarks referred to are the property of their respective owners.
Your access to and use of the Site is subject to the following Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that other agreements between you and Doogie Stuff Pty Ltd are superseded and are of no force or effect.
1. Use of the Site
You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in these Terms and Conditions, the text on the Site or with the written permission in advance, of Doogie Stuff Pty Ltd.
2. Professional Services and Advice
In accessing this service, no client, advisory, fiduciary or professional relationship is implicated or established and neither Doogie Stuff Pty Ltd nor any other person is, in connection with this Site, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice.
3. Liability and Warranties
The material included in this Site has been compiled from a variety of sources and the Site may include technical inaccuracies or typographical errors. Everything on the Site is provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Doogie Stuff Pty Ltd does not warrant that this Site, various services provided through this Site, and any information, software or other material downloaded from this Site, will be uninterrupted, error-free, or free of viruses or other harmful components.
Doogie Stuff Pty Ltd makes no warranties or representations as to the accuracy of the Site. Doogie Stuff Pty Ltd assumes no liability or responsibility for any errors or omissions in the content of the Site. Doogie Stuff Pty Ltd uses all reasonable effort to ensure the accuracy of the Site but reserves the right to change in its sole discretion the Site, in any way and/or at any time, without notice.
Doogie Stuff Pty Ltd shall not be liable for any special, incidental, or consequential damages, including without limitation, any lost revenues, lost profits, or third party claims resulting from the use or misuse herein, even if Doogie Stuff Pty Ltd has been advised of the possibility of such damages or for any claim by another party.
Links on this Site may lead to servers maintained by individuals or organizations other than Doogie Stuff Pty Ltd. Doogie Stuff Pty Ltd has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content.
5. Submission of Personal Information
Images of people or places displayed on the Site are either the property of, or used with permission by, Doogie Stuff Pty Ltd. Your use of these images is strictly prohibited unless specifically permitted by these Terms and Conditions, specific permission provided elsewhere on the Site or you write directly to and obtain permission from Doogie Stuff Pty Ltd.
Please contact firstname.lastname@example.org for permission.
7. Trademarks & Logos
Litter Kwitter, Doogie, Say goodbye to the litter tray forever, are Trademarks or registered Trademarks used by permission by Doogie Stuff Pty Ltd. All other Trademarks and logos or registered Trademarks and logos found on the Site or mentioned herein belong to their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Doogie Stuff Pty Ltd or such third party that owns the Trademarks displayed on this Site. Doogie Stuff Pty Ltd will enforce its intellectual property rights to the fullest extent permitted by law.
8. Revisions Clause
Doogie Stuff Pty Ltd may at any time revise these Terms and Conditions by updating this posting. You are bound by the most current Terms and Conditions every time you visit this Site, therefore you should periodically review these Terms and Conditions to which you are bound.
9. Choice of Law and Jurisdiction
The contents of this Site are governed by the laws of the NSW & Australia, and any claims rising directly or indirectly out of any materials contained on this Site are subject to these same laws.
DOOGIE STUFF PTY LTD TERMS AND CONDITIONS OF SALES
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions apply to all purchases made by any party from Doogie Stuff Pty Ltd.. You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for any products, you agree to be bound by and accept these terms and conditions.
1. Definition (i) “Customer” means a person who orders Product(s) from Doogie by any means; (ii) “Product(s)” means any products offered for sale by Doogie; (iv) “Seller” means Doogie Stuff Pty Ltd;
2. Placing an Order
2.1. By placing an order, the Customer makes an offer to purchase the Product(s) he or she has ordered on these terms and conditions. Seller may or may not accept the Customer's offer at the Seller's absolute discretion.
2.2. Upon receipt of the Customer’s order, Seller will verify the availability of the Product(s) and the Customer’s credit card or other payment details. Seller has not accepted the Customer’s offer and is not obliged to supply the Product(s) until Seller has shipped the Product(s) and sent an order confirmation to the Customer by email.
3. Supply of Product(s)
3.1. Subject to these terms and conditions, Seller may agree to supply the Customer with the Product(s) as specified either in the Customer’s order or enquiry form submitted to Seller from the Product(s) website, by facsimile, email, telephone or other method of communication.
3.2. When Product(s) have been shipped pursuant to the Customer’s order, Seller will email the Customer to confirm shipment.
3.3. The pictures showing the Product(s) on the website, marketing materials or other sources may not be identical to the Product(s) as shipped to the Customer. The Seller shall have the right to supply the Product(s) which do not correspond to the pictures appearing in the aforementioned sources, provided that the said Product(s) perform substantially the same function as described in the aforementioned sources.
3.4. Seller shall have the right to make substitutions and modifications of the specification of the Product(s) ordered by the Customer, provided that such substitutions or modifications will not materially affect the overall performance of the Product(s) or the type of Product(s) ordered by the Customer.
4. Price and Payment
4.1. Pricing of Product(s) shall be the price as quoted at the time when the Customer places an order with Seller.
4.2. Upon placing an order with Seller, the Customer shall provide to Seller his or her valid credit card number and other billing information as requested by Seller. Seller will usually charge the credit card on shipment of the Product(s). For other payment methods, such as PayPal, cheque or bank transfer payment, the Seller will charge the Customer on confirmation of the order or prior to shipment.
4.3. Credit terms may apply between the Seller and the Customer. The details and specifications of these arrangements will be contained in a separate agreement between the Seller and the Customer. The terms and conditions contained herein nevertheless apply unless otherwise specified.
4.4. Seller will take all reasonable precautions to keep the details of Customer's order and payment secure but Seller cannot be held liable for any losses caused as a result of unauthorised access to information provided by the Customer.
5.1. Product(s) will be delivered as specified by agreement between the Seller and the Customer. Seller will use its discretion in selecting a reputable carrier and appropriate means of delivery unless otherwise specified.
5.2. Unless otherwise agreed, title, as well as risk of loss and/or damage, passes to Customer as follows: a) On f.o.b. at the time and place of shipment. The time of shipment is the moment that the carrier accepts the appropriate shipping document; b) On delivered purchases by truck, upon arrival at Customer’s original destination;
5.3. Any dates quoted by Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.
5.4. Seller will not be responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply unless specified. It is the responsibility of Customer to pay the charges levied by the authorities and observe the respective regulations of the country in which he or she receives the Product(s).
5.5. If an order shipment is undeliverable, the Product(s) ordered by the Customer will be returned to the Seller at the Customer’s expense, as stock available for sale to other customers. The returned Product(s) can be sold to other customers and the Seller shall have no obligation to reserve or re-deliver the returned Product(s) to the Customer.
6. Returns and Refunds
6.1. No Product(s) shall be returned to the Seller unless :-
(a) The Product(s) in question is defective by way of manufacturing defect or materials defect;
(b) The Seller has notified the Customer by email that the Customer may return the Product(s) to the Seller;
6.2. Any Product(s) satisfying 6.1 above must be returned in full in a clean and well packaged condition;
6.3. The Customer returns the Product(s) at his/her own expense which will include any custom duties or taxes.
6.4. Upon satisfactory return of the Product(s) to the Seller, replacement Product(s) will be shipped to the Customer if the Seller is satisfied that the Product(s) returned by the Customer is defective after suitable tests and inspections by the Seller. If replacement Product(s) is not available, a refund of product price only will be made to the Customer.
6.5. If the Seller is not satisfied that the returned Product(s) is defective, the Seller will deliver the returned Product(s) to the Customer at the Customer’s own cost.
7. Changes Seller reserves the right to update, revise or change these terms and conditions, the price of the Product(s) and any other information regarding the Product(s). Any such changes will take effect with immediate effect and it is the Customer’s responsibility to read the terms and conditions and confirm the price of the Product(s) on each occasion when he/she makes purchases of the Product(s). The Customer’s order shall signify his/her acceptance to be bound by the latest terms and conditions.
8. Force Majeure Seller shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of Seller. Quantities are subject to availability. In the event of shortage, Seller may allocate sales and deliveries at its sole discretion.
9. Intellectual Property
9.1. The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of the Customer’s purchase of the Product(s) shall remain at all times vested in Seller or its licensors. The Customer is permitted to use this material only as expressly authorised by Seller or its licensors.
9.2. The prices of the Product(s) paid by the Customer are for the Product(s) and the services described herein and do not include technical data, copyright, trademarks, or other intellectual property rights or proprietary rights of any kind subsisting in the Product(s) or their packaging.
10.1. All Product(s) provided are on an “as is” and “as available” basis. Except as otherwise expressly agreed, Seller makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website. Customer expressly agrees that the use of this Website is at his or her sole risk.
10.2. To the full extent permissible by applicable law, Seller disclaims all express or implied conditions, representations and warranties, including but not limited to, any implied warranty of merchantability, non-infringement and fitness for a particular purpose.
10.3. Subject to this Clause, Seller will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.
10.4. Subject to this Clause, Seller’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to Seller in respect of the Product(s) in question.
11. Waiver/Invalidity Failure of Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.
12. Headings The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
13. Entire Agreement These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between the Customer and Seller relating to the sale and purchase of the Product(s) ordered by the Customer.
14. Governing Law These terms and conditions shall be governed by and construed under the laws of Australia. The parties submit to the exclusive jurisdiction of the courts of Australia, being the place where the Customer's order/offer has been received/accepted.