Terms and Conditions
Disclosure Notice in accordance with the Fair Trading Act 1987 Australia
These Tarameade Website T&Cs are important and you should read them fully. But there are some specific terms we wanted to make you aware of. These are set out below.
Content you submit to Tarameade or our Sites (see clause 7 of the Website T&Cs) If you submit information, content or materials (such as customer reviews of our goods or services) (User Generated Content) to Tarameade or our Sites, we may use your User Generated Content for our business purposes, such as displaying your User Generated Content in our marketing materials or on our Sites or social media pages. We may also share your User Generated Content with other members of the Tarameade Group.
Reliance on Site Content (see clause 13 of the Website T&Cs) Tarameade makes the content of the Sites available for general information only. The information on our Sites is not a substitute for appropriate advice from your vet or pet nutritionist. You should speak to your vet or pet nutritionist for personalised professional advice for your pet.
1.1 Tarameade is a pet care business in Australia, and our purpose is to help create healthy, happy farms & communities, starting with healthy, happy animals.
2.0 Application of these Tarameade Website and Loyalty Program Terms and Conditions
2.1 These Tarameade Website and Loyalty Terms and Conditions consist of the
2.1.1 clauses 3 to 17, which apply to your use of the Sites and our Goods and Services
provided through the Sites (Website T&Cs);
3.0 Website T&Cs
3.1 These Website T&Cs only apply to your use of the Tarameade website
3.2 There are other terms and conditions that may apply to your interactions with us, including
when you complete a purchase of Goods or Services via the Site. In all cases, the relevant terms and conditions will be provided to you for your review.
3.3 The terms “you” and “your” refer to the person accessing or using the Site or our Goods or
4.0 Acceptance of Website T&Cs
Site, including any Site Content (as defined below) and our Goods and Services provided through or in connection with the Site.
4.2 By browsing, accessing or using the Site or by using the Goods or Services provided through the Site, you acknowledge and warrant that you have read, understood and agree to be bound by these Website T&Cs and any additional terms and conditions notified to you from time to time. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing or using the Site or using the Goods or Services provided through the Sites.
4.3 These Website T&Cs form a legally binding agreement between Tarameade and you. If you do not agree to these Website T&Cs, you must immediately exit and not access or use the Site or our Goods or Services provided via the Site.
4.4 We may amend these Website T&Cs at any time and will take reasonable steps to bring any material changes to your attention such as by posting the amendments on the Site. As you will be bound by any amendment to these Website T&Cs, you should review these Website T&Cs from time to time. By continuing to use the Site or our Goods or Services after any amendment to these T&Cs, you will be deemed to have accepted the amended Website T&Cs. If any change has a detrimental effect on you, you may cease accessing or using the Site or our Goods or Services via the Site.
5.0 Creating an Account
5.1 When you purchase Goods and Services via the Tarameade Site, you may create a user account by registering via the relevant link on the registration page (My Account). To register your Account, you must provide Tarameade with certain true and correct information about yourself as requested by the registration page.
5.2 If you create an Account, you must promptly notify and/or update your profile if any of your personal information is erroneous or changes from time to time.
6.0 Privacy and security
6.1 If you create an Account, sign-up to receive emails and/or newsletters regarding our Goods and Services, fill in a ‘contact us’ form or submit a customer review on our Site, we will need to collect your personal information. Personal information requested by us may include, but is not necessarily limited to:
- your first name and last name;
- your email address;
- your phone number;
- the city where you live;
- whether you have previously purchased the products or services; and
- your opinion of our Goods or Services as expressed by the customer reviews you submit.
6.3 You confirm that all of the information you provide to us, including any personal information, will be complete, true and correct.
6.4 You acknowledge that the internet is an inherently insecure communication medium, and your use of the Site is at your own cost and risk. You must take your own precautions to ensure that the processes which you employ for accessing the Site do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
6.5 If you create an Account, you must keep all usernames, passwords and other security-based information secure and private at all times. If your username, password or other security-based information is lost or stolen, you must notify Tarameade in writing and take any reasonable steps we advise you to take to mitigate the adverse impact of the lost or stolen security-based information at the earliest possible opportunity.
6.6 You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Site.
7.0 User Generated Content
7.1 You may choose to submit information, content and materials, such as customer reviews of our Goods or Services (User Generated Content) to the Site.
7.2 You acknowledge and agree that if you choose to submit or post User Generated Content, you must own or have the right to submit that User Generated Content. User Generated Content that you submit must be your own opinion. User Generated Content must not:
- infringe any intellectual property rights (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
7.2.2 deceive or be likely to deceive any person;
7.2.3 be used to impersonate any person (including Tarameade and Tarameade’s representatives) or to misrepresent your identity or affiliation with any person (including Tarameade and Tarameade’s representatives); or
7.2.4 be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage any conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.
7.3 If you become aware or reasonably suspected that any User Generated Content on the Site may infringe these requirements, you must promptly notify us in writing.
7.4 User Generated Content that you submit or share on the Site may be seen by other users of the Site or third parties. Where we have made relevant settings available, we will use commercially reasonable efforts to honour the choices you make about who can see your User Generated Content.
7.5 You agree that Tarameade may:
7.5.1 edit or delete your User Generated Content;
7.5.2 link your User Generated Content to other material, including User Generated Content submitted by other users or material created by Tarameade, its related bodies corporate and/or other third parties;
7.5.3 use your User Generated Content for its business purposes, for example, displaying your User Generated Content in our marketing materials or on our Site or social media pages;
7.5.4 directly or indirectly benefit from your User Generated Content; and
7.5.5 share your User Generated Content with its related bodies corporate, including other members of the Tarameade Group.
7.6 Tarameade does not promise to display any User Generated Content that you provide.
7.7 Tarameade does not claim ownership rights in your User Generated Content, however, by submitting your User Generated Content to the Site you are deemed to grant Tarameade (and its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence to use, copy, modify, distribute, publish, communicate to the public and process that User Generated Content in connection with the Site without further consent from, or notice and/or compensation to, you.
By submitting and/or uploading your User Generated Content to the Site you consent to anything being done by Tarameade in respect of that User Generated Content that could otherwise amount to an infringement of your moral rights in such User Generated Content, and warrant that you have obtained such consent from all other authors of such User Generated Content.
9.0 Prohibited activities
9.1 When using the Site, you must not:
9.1.1 infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
9.1.2 reproduce any Site Content without our express written permission, which we may grant or withhold at our absolute discretion;
9.1.3 seek reimbursement from any other party for access to the Site or on-sell any information obtained from the Site;
9.1.4 engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Site, conduct yourself in an offensive manner while using the Site, or use the Site for any illegal, immoral or harmful purpose;
9.1.5 submit, post, upload, email or otherwise send or transmit to the Site, or any users of the Site, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Site; or
9.1.6 interfere with the Site or networks underlying or connected to the Site or violate any of the procedures, policies or regulations of the Site or any networks connected to the Site.
10.0 Intellectual property
10.1 Subject to clause 7.7, the entire contents and design subsisting in, relating to or arising out of the Site and available through or in connection with the Site including copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Site Content) are the intellectual property of Tarameade, our content providers or our licensors, with all rights reserved.
10.2 You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. You must not reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the material on the Site, including audio and video excerpts, except as expressly permitted by statute or with Tarameade’s prior written consent.
10.3 No Site Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
10.4 You may view the Site and the Site Content using your web browser and save an electronic copy, or print out a copy, of parts of the Site solely for your own information, research or study, but only if you:
10.4.1 do not modify the copy from how it appears unless expressly authorised by Tarameade and then only in accordance with these Website T&Cs; and
10.4.2 include the copyright notice reasonably specified by Tarameade in writing on the
10.5 When you send us any feedback or suggestions or complete a survey in relation to the Site, you agree that we can use any ideas, concepts, or techniques contained in the feedback, suggestions or survey responses. When you participate in any chat sites, forums or other activities involving the publication of User Generated Content that you provide in the public forum, you agree that we can reproduce, use and distribute those materials.
11.0 Linked Sites
11.1 Third party websites
11.1.1 This clause 11.1 applies where we provide links to the websites of third parties but not where we provide links to websites belonging to, or operated by, the Tarameade Group, in which case, clause 11.2 applies.
11.1.2 We may provide links to third parties’ websites or may divert your devices to third party websites from time to time (Linked Websites). Unless otherwise notified on a Linked Website, Linked Websites are not reviewed, controlled or examined by us in any way. The provision of links to Linked Websites does not mean that Tarameade endorses or recommends, or has any association with, the Linked Websites or the relevant third party goods and services.
11.1.3 You acknowledge and agree that we are not responsible for any of the content, availability, advertising, products, services or other materials of any Linked Websites, or any additional links contained on Linked Websites, or the conduct of any person associated with a Linked Website.
11.1.4 Linked Websites may be subject to their own terms and conditions and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Website.
12.1 While we take reasonable steps to ensure the availability and security of the Site, you accept that the Site is provided on a ‘as is’ basis. We do not warrant that the Site will be continuously available and we will not be liable if the Site or any part of the Site is unavailable at any time or for any reason. We do not represent, warrant or undertake that the Site will be error, defect, ‘bug’ or ‘virus’ free.
13.1 The Site Content is intended to provide general information only. It is not in the nature of advice. While every effort is taken to ensure the information is accurate, we do not represent or warrant that this information is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person as a substitute for appropriate advice tailored to specific circumstances (such as veterinary advice or pet nutritionist or allergy advice for your pet’s circumstances).
13.1.1 The information on the Site is provided on the basis that all persons accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.
- Limitation of liability and indemnit
14.1 Without limiting any provisions of these Website T&Cs, we will not in any way be liable to
you for any kind of loss or damage incurred as a result of your use of the Site, including any
viruses or other malicious software that may affect you while you use the Site or for any faults,
failures or interruptions or the accuracy, timeliness, completeness, security or reliability of
any communications (including any transactions) made using the Site.
14.2 Nothing in these Website T&Cs is intended to exclude, restrict or modify any condition,
guarantee, warranty, right or remedy that you may have under the Competition and
Consumer Act 2010 (Cth) or any other applicable legislation which may not be excluded,
restricted or modified by agreement (Non-excludable Rights).
14.3 To the maximum extent permitted by law, under no circumstances will Tarameade be
responsible to you or any third party whether in contract, tort (including negligence), in equity
or under statue for any special, indirect, consequential, incidental or punitive damages,
including damages for loss of opportunity, profits, revenue or goodwill, regardless of whether
or not such loss or damage was foreseeable and even if advised of the possibility of such
14.4 Except for liability in relation to breach of any Non-excludable Rights and liability under
clause 14.5, our total maximum liability to you in contract, tort (including negligence), statue
or otherwise, is limited to one thousand Australian dollars (AUD $1,000).
14.5 To the maximum extent permitted by law, our liability for breach of any Non-excludable
Rights is limited to:
14.5.1 any replacement or refund for a major failure and you may seek compensation for
any other reasonably foreseeable loss or damage; or
14.5.2 replacement or repair if the goods or services fail to be of acceptable quality and
the failure does not amount to a major failure.
14.6 You agree to indemnify, defend and hold us harmless from and against all losses, expenses,
damages and costs (including reasonable solicitor’s fees) or liability incurred or suffered by
you or by us arising from any claim, demand, suit, action or proceeding by any person
against you or us where such loss or liability arose out of, in connection with, or in respect of
your conduct in breach of these Website T&Cs.
- Cancellation, suspension and termination
15.1 You may cancel your Account at any time by notice to Tarameade at the contact details
15.2 Cancelling your Account will end your ability to access your Account and you will need to
register again with Tarameade if you change your mind. Any data or personal information
Tarameade has collected about you or your use of the Sites will be retained and destroyed
delete any information or data that relates to your Account if your Account has been deleted
for a period exceeding 30 days.
15.3 Notwithstanding anything else in these Website T&Cs, Tarameade may immediately
suspend or terminate your Account without notice or cause for any of the following reasons:
15.3.1 you breach any of these Website T&Cs;
15.3.2 you have failed to provide correct personal information in accordance with clause 6.1;
15.3.3 Tarameade has ceased to provide the Account functionality;
15.3.4 Tarameade’s business or contractual relationships with third parties require Tarameade to do so; or
15.3.5 Tarameade considers that you have done something that is detrimental to
15.3.6 Tarameade’s business interests or reputation or those of any of its third parties.
15.4 You acknowledge that neither Tarameade, nor any other person, will have any liability to you
for any reason whatsoever arising from suspension or termination of your access to your
16.1 Entire agreement: These Website T&Cs, together with any additional terms and conditions
set out on the Site from time to time, constitute the entire agreement relating to its subject
matter and supersede and cancel any prior drafts, versions, agreements, undertakings,
representations, warranties and arrangements of any nature, whether in writing or oral,
relating to such subject matter.
16.2 Force majeure: We will not be in breach of these Website T&Cs or otherwise liable to you or
any other person for any unavailability or failure of the Site, or the Goods or Services or any
delay or other failure by us to comply with these Website T&Cs that is caused by or arises
from any event or circumstances beyond our control.
16.3 Rights cumulative: The rights, powers, privileges and remedies provided under any
provision of these Website T&Cs are cumulative and not exclusive of any rights, powers,
privileges or remedies provided under any provision of these Website T&Cs or by applicable
law or otherwise.
16.4 Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege
or remedy under these Website T&Cs will impair or operate as a waiver thereof in whole or
in part. No single or partial exercise of any right, power privilege or remedy under these
Website T&Cs will prevent any further or other exercise thereof or the exercise of any other
right, powers, privilege or remedy.
16.5 Invalidity: Any clause or provision of these Website T&Cs held to be illegal, invalid, void,
voidable or unenforceable must be read down to the extent necessary to ensure that it is not
illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a clause or
provision as required by this clause, part or all of the provision or clause of these Website
T&Cs will be severed from these Website T&Cs and the remaining clauses or provisions
continue in force.
16.6 Interpretation: In these Website T&Cs, unless expressed to the contrary:
16.6.1 a person includes a firm, partnership, joint venture, association, corporation or
other body corporate;
16.6.2 the word ‘includes’ in any form is not a word of limitation;
16.6.3 where a word or phrase is defined, another part of speech or grammatical form of
that word of phrase has a corresponding meaning;
16.6.4 references to the singular include the plural and vice versa;
16.6.5 a gender includes all other genders; and
16.6.6 headings and sub-headings are for ease of reference only and do not affect the
interpretation of these Website T&Cs.
16.7 Governing law: These Website T&Cs are governed by the laws of Australia. The Sites may be accessed throughout Australia and overseas. Tarameade
makes no representation that the Site Content complies with the laws (including intellectual
property laws) of any country outside Australia. If you access the Site from outside Australia,
you do so at your own risk and are responsible for ensuring that your access to the
Site is not illegal or prohibited by laws which apply to you.
If you have any questions about our Website T&Cs or concerns about our Site, the Site Content or
our Goods or Services, please contact us at:
+41 71 227 76 90
1227 Holden Rd, Toolern Vale VIC 3337, Australia