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.
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.
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.
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
© Global Microchip Registry Pty Ltd (ABN 16 152 051 342)