Terms & Conditions
Welcome to Global Micro! We’re excited that you are joining our network of people who care about the safety and well being of pets. Please take the time to read these terms and conditions as they set out your rights and responsibilities when using our website.
Acceptance
This website is operated by Global Microchip Registry Pty Ltd ABN 16 152 051 342 (we, our or us) and is available at www.globalmicro.com.au and may be available through other addresses, channels or apps, including our social media platforms, (collectively called the Site). You accept these terms and conditions, which include and incorporate our Privacy Policy (available on the Site) (Terms), by accessing and/or using our Site or by accepting them when registering for an account.
Signing up to our Site
You may be required to create an account to access certain features and to benefit from our goods and services. You must ensure that any information you give to us when creating an account, including personal information and pet information, is accurate and up-to-date at all times, and that you regularly update photos of pets. Any photos you upload of pets must be of the pet only and must not be offensive in any way. You can choose your username and password, and it is your responsibility to keep your account details confidential. You are liable for all activity on your account. At our sole discretion, we may refuse to allow any person or organisation to register or create an account.
- As an organisation
Organisations like vets, implanters, councils, welfare companies, or breeders, can create an ‘organisation account’ on the Site, and register the details of pets and their owners. When you provide pet owner contact details to us, we will then invite that owner to create their own account. You warrant that you have informed any person whose personal information you provide to us and that you have obtained their consent to provide us with their personal information and for us to use it in accordance with these Terms.
- As a pet owner
You can create an ‘owner account’, whether invited by us because an organisation has registered your pet, or simply by signing up directly through the Site.
Membership Fees
To access our services, you may select a membership. You may choose between different tiers of membership to access different services and different membership periods as set out on our Site.
You may be required to and you agree to pay us the fees set out on the Site in relation to your chosen membership including any applicable GST (Membership Fee) at the intervals described in your membership, throughout the duration of your membership in advance of the next billing cycle. In some cases, your payment date may change, for example, if payment is unable to be processed or if your membership began on a day not contained in a given month.
You authorise us to debit your payment method on each relevant payment date for the Membership Fee, in accordance with this clause.
Memberships automatically continue until cancelled in accordance with this clause and cannot be suspended.
To the maximum extent permitted by law, all amounts paid to us are non-refundable and we do not allow refunds of the Membership Fee for change of mind or other circumstances.
We may modify the Membership Fee from time to time upon notice to you. Where you have chosen an ongoing membership, the updated Membership Fee will apply in the next billing cycle after the change has occurred. If you do not agree to the price change, you may cancel your membership in accordance with this clause.You may request to upgrade, downgrade or cancel your membership by providing us with written notice which you may provide via email or through the Site (you must give us sufficient notice as required on the Site). Your payment method will automatically be charged the Membership Fee for your new membership tier on the payment date on which the upgrade or downgrade becomes effective.
You may cancel your membership at any time in the account page section of your account settings by giving us the notice required on the Site. If you cancel your membership, we are required by law to retain your basic contact details on our register, including as a pet owner, your name and address, and the name and breed of your pet.
Product Orders
You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the Product Price at the time you place your order.We may, at our absolute discretion, accept or reject an order.
We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.You must pay us the purchase price of each product you order plus any applicable GST or delivery costs based on the delivery options selected by you as set out on the Site (the Product Price) using one of the methods set out on the Site.
When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered
General payment terms
All payments of Membership Fees or Product Price must be made via one of the payment methods set out on the Site which may include credit card, a third-party payment processor or direct debit. Any direct debit arrangement will be subject to additional terms and conditions from our third-party payment provider, as set out on the Site.
You acknowledge and agree that you must have sufficient funds in your selected payment account in order to pay any amounts due and payable. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.You must not pay, or attempt to pay, any fees by fraudulent or unlawful means.It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
You may update these at any time by contacting us at the details provided below.If any payment has not been made within 7 days of the payment date, or as per the payment date as defined on a provided tax invoice, we may suspend or terminate your access to our services in accordance with these Terms.
Shipping Policy Availability and delivery
All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image).
We normally dispatch products within 2-3 business days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
Returns
We offer refunds of products for change of mind where we determine (at our absolute discretion):
a)you have provided the proof of purchase and you purchased the products within 7 days prior to the request for a refund.
b)the products are in their original condition and have not been used, worn, engraved, damaged or tampered with.
c)the products are not sale items; and)a return form has been completed.
We will not cover the costs of delivery or re-delivery for a change of mind return and you must cover these yourself.All returns should be sent to the postal address on the Site. We recommend you send any returns by registered post as we will not be responsible for lost returns. Once we have examined the products and your request, we will notify you of our determination by email. Please allow up to 5 business days after receiving your return for us to process claims.
Any refunds will be made via the payment method used to purchase the products.
Global Micro Spotter Network
If you have access to our Global Micro Spotter Network, you must only send out an alert through our Site if your pet is legitimately missing, and if you have made a conscious effort to find your pet, including by searching your local area, and contacting your local vets and animal pounds.
Consumer Guarantees
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may give you rights, warranties and guarantees relating to our goods and services which cannot be excluded (Statutory Rights). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage to our goods. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
Prohibited conduct
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Site or which apply to you or your use of our Site; anything which we would consider inappropriate; or anything which might bring us or our Site into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information, or information about an individual’s pet, without the individual’s consent) or any other legal rights; (2) using our Site to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Site; (4) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Site to send unsolicited email messages; or (7) facilitating or assisting a third party to do any of the above acts.
Intellectual Property Rights
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to our goods and services, the Site and all other materials will at all times vest, or remain vested, in us.We give you a limited, revocable, non-transferable licence to use, for your personal use, any materials or other content we provide to you as part of our Site.
Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party including on social media; or (c) breach any intellectual property rights connected with the Site, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another Site; or creating derivative works from any of our intellectual property.
User Content
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe a third party’s intellectual property rights or be in the violation of any applicable law or regulation.We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites
Our Site (including posts made by third parties or as shared on our social media platforms) may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.
Liability
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time at our sole discretion. We are not responsible for anyloss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) you may suffer arising from or in connection with any such discontinuance or exclusion.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with
(1) your acts or omissions;
(2) any use or application of the Site by a person other than you, or other than as reasonably contemplated by these Terms;
(3) any works, services, goods, materials or items which do not form part of the Site, or which have not been provided by us;
(4) the Site being unavailable, or any delay in us providing our services to you, for whatever reason; and/or
(5) any event outside of our reasonable control, including your pet not being found. This clause will survive the termination or expiry of these Terms.
Limitations on Liability
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Membership Fees paid by you to us (in respect of the supply of relevant services to which the Liability relates) or the Product Price paid by you to us (in respect of the supply of goods to which the Liability relates); and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
Warranties and Indemnities
You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2)these Terms constitutes a legal, valid and binding agreement, enforceable in accordance with its terms.You acknowledge and agree that (1) you use the Site or our goods and services at your own risk; and (2) the provision of the Site or our goods and services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. This clause will survive the termination or expiry of these Terms.
Termination
You may cancel your account and terminate these Terms at any time via the “Cancel account” feature on our Site or by sending us an email to the address at the end of these Terms. No refunds will be made upon cancellation. At our sole discretion, we may suspend your account or terminate these Terms immediately if you are in breach of these Terms (including for non-payment of our Membership Fees or the Product Price), any applicable laws, regulations or third-party rights.
We may also terminate these Terms without cause by giving you 7 days’ notice. If your account is terminated, your owner contact details and pet details will remain on our registry as required by law.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.
All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
General
You agree to provide all assistance, information and documentation necessary to enable us to provide the goods and services.
Information: Any content on the Site is not comprehensive and is for general information purposes only. While we use reasonable attempts to ensure the accuracy and completeness of the content, we make no representation or warranty regarding it, to the extent permitted by law.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Site after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account and stop using the Site.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Global Micro Animal Registry
Ph: 02 8338 9063
Email: contact@globalmicro.com.au
© Global Microchip Registry Pty Ltd (ABN 16 152 051 342)