Website Terms of Use

Please read these Terms of Use carefully before using the Pest Wholesaler website. By accessing or using our website, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you should not access or use our website.

1. INTELLECTUAL PROPERTY RIGHTS:
All content on this website, including text, graphics, logos, images, audio clips, video clips and software, is the property of the Pest Wholesaler or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, transmit, display, perform, or create derivative works from any content without prior written consent from the website owner.

2. WEBSITE USE:
a. You agree to use this website for lawful purposes only and in compliance with all applicable laws and regulations.
b. You will not engage in any activity that may disrupt or interfere with the functioning of the website or compromise its security.
c. You will not attempt to gain unauthorized access to any part of the website or any associated systems or networks.
d. You are responsible for maintaining the confidentiality of any account information or passwords associated with the website.
e. You must not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site

3. USER GENERATED CONTENT:
a. Our website may allow users to submit or post content, such as comments, reviews, or feedback. By submitting such content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content worldwide.
b. You agree that any content you submit does not infringe upon the rights of any third party, including intellectual property rights and privacy rights.
c. We reserve the right to remove or edit any user-generated content at our sole discretion.

4. DISCLAIMER OF WARRANTIES:
a. This website is provided on an "as is" and "as available" basis. We make no warranties or representations, express or implied, regarding the operation or availability of the website or the accuracy, reliability, or completeness of the content.
b. We disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

5. LIMITATION OF LIABILITY:
a. In no event shall we or our affiliates, employees, or agents be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or in connection with your use of the website, even if we have been advised of the possibility of such damages.
b. Our total liability to you for any claim arising out of or in connection with the website shall not exceed the amount paid by you, if any, for accessing the website.

6. LINKS TO THIRD-PARTY WEBSITES:
Our website may contain links to third-party websites that are not owned or controlled by us. We have no control over the content, privacy policies, or practices of any third-party websites. We assume no responsibility for the content or activities of these linked websites.

7. MODIFICATIONS TO THE TERMS OF USE:
We reserve the right to modify or revise these Terms of Use at any time without prior notice. Any changes will be effective immediately upon posting on the website. Your continued use of the website after any modifications constitutes your acceptance of the revised terms.

8. To place Orders using an Account you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian - we do not sell products for purchase by children. To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

9. Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

10. When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
a. Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.
b. You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.
c. By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
d. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.
e. When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(e1) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);
(e2) we suspect that you might on-sell our products to other consumers;
(e3) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;
(e4) if there has been an error in the imagery, price or product description on the Site; or
(e5) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.

11. FAULTY PRODUCT RETURNS
a. We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact our Customer Service as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.
b. If the product is confirmed to have a defect, we will replace or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method, as appropriate. If the product is confirmed to have a major defect, you are entitled to elect whether you want us to replace or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method. If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.
c. It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
d. Due to the nature of products in our Pre-Loved range, some items may be sold with imperfections and existing wear and tear. Any details of this nature listed on the product page of an item in the Pre-Loved range will not be classified as a defect.

12. GOVERING LAW
These Terms of Use shall be governed by thelaws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

Please contact us if you have any questions or concerns regarding these Terms of Use.