1. About Terms and Conditions
Please review the following terms and conditions carefully as they set out your rights and obligations relating to the Our Cat Herder products, services and program that are available for online subscription via the Our Cat Herder website.
In these terms and conditions “we” and “us” or “Operator” or “Proprietors” mean Our Cat Herder PO Box 275 ROMSEY, VICTORIA 3434, as the parent company operating the online system trading as Our Cat Herder. “You”, “Yours”, “The Client” or “Subscriber” means you as the individual or collective organisation as purchaser of the Our Cat Herder program. “The Parties” shall mean both parties to this agreement.
Your placement of an online Order on the Our Cat Herder website constitutes your agreement that these terms and conditions are acceptable, so be certain you understand them before you place your Order.
2.2 Annual Prepaid Subscription: An annual prepaid Our Cat Herder subscription will commence from the date of purchase and continue for a full 12 month period, expiring on the same day of the month in 12 months time. Once a subscription has commenced it cannot be cancelled and refunds are not provided.
These Terms and Conditions are subject to change at any time.
By accepting these Terms and Conditions you as the customer are also accepting the terms as outlined under the Privacy Statement which appears elsewhere on the Our Cat Herder website.
2. Terms and Conditions
The following Terms and Conditions apply to all online subscriptions that constitute an Our Cat Herder subscription. Terms, conditions, subscription entitlements, pricing, support services and availability are subject to change.
2.1 General: Our Cat Herder provides a range of exclusive benefits and discounts including free software updates and access to Our Cat Herder Technical Support. Our Cat Herder can be purchased as an annual prepaid subscription, or by monthly prepaid subscription.
Annual subscribers will be provided with a renewal reminder notice up to 30 days prior to the expiry date of their subscription. If you renew your annual subscription, by paying the renewal fee prior to or up to 60 days after the expiry date, you will maintain continuity of your subscription benefits and your annual renewal date will remain unchanged.
If you do not renew your annual subscription within 60 days of the expiry date, you will lose continuity of benefits and will be required to commence a new Our Cat Herder subscription.
In the event that your subscription lapses, data held will be deleted 6 months after the expiry date.
Prices for Our Cat Herder annual and monthly pre-paid subscription are subject to change at any time after the completion of the initial 12 month period. We will provide annual and monthly paying subscribers 30 days advance notice of any pricing changes.
In the event that there is a default with payment of your subscription, your entitlements will be suspended until payment is made.
2.2 The local price of international subscriptions will be calculated using automated currency conversion rates applicable on the day a subscription is confirmed.
2.3 Our Cat Herder provides an entitlement to technical support which can be accessed via telephone or email. This entitlement will be available as long as you have an active Our Cat Herder subscription.
Service via email at firstname.lastname@example.org or by phone on 03 5429 3786 (Australian) or + 61 3 5429 3786 (International).
Availability of technical support services may deviate from published support hours due to downtime for systems and server maintenance and observed Australian public holidays.
Technical support enquiries are limited to the following areas: installation, upgrade assistance, basic usability and functionality, and related documentation.
Additionally, we do not claim to be able to resolve technical issues that are specific to your local hardware or operating environment, including networking or connectivity problems, integration with third–party products or service providers.
2.4 The Our Cat Herder program includes an entitlement to program upgrades without charge.
Our Cat Herder makes no commitment to release new program updates and there are no scheduled dates for compliance updates or new feature releases.
2.5 We are unable to guarantee that the Our Cat Herder website and program will be free from viruses or bugs. The Proprietors recommend all subscribers configure their technology including programs and platforms with appropriate virus protection software.
2.6 The Operator warrants that all reasonable steps have been taken to ensure the security of data held as part of the service offered through the Our Cat Herder program. In agreeing to the Terms and Conditions as stated herein the subscriber understands and accepts the terms as outlined in the Security Statement.
3. Intellectual Property Rights
All rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, , patent and trademark rights in the website and software (including but not limited to any images, photographs, animations, video, audio, music, text and “apps”) are owned by and shall remain the sole property of the Operator.
4. Exclusion and Limitations of Liability
4.1 All Our Cat Herder online purchases are subject to the application of the provisions of the Australian Consumer Law (ACL) (whether applied as a law of the Commonwealth or any State or Territory of Australia) and the exercise of any right or remedy conferred by the ACL. Anything contained in herein that would contravene the ACL shall be considered void and of no effect.
4.2 All information provided on the Our Cat Herder website and by the directors, employees, contractors or agents is of a general nature and is intended as a guide only and should not be substituted for proper legal advice. Seek professional legal advice before taking any action based on any information noted. The Operator will not be held responsible for any action taken as a consequence of same.
4.3 To the extent permitted by law, except in relation to personal injury or death, neither the Operator nor any of its Beneficiaries or Associates are liable to you for any loss or damage of any kind whatsoever (whether direct, indirect or consequential loss or damage or otherwise) suffered by you or liability incurred by you caused by, in connection with, or resulting from anything Our Cat Herder does or does not do, or delays in doing, or any negligence, misrepresentation, or other default by Our Cat Herder or its officers, employees, contractors or agents, whether or not it is contemplated or authorised by this Agreement. This exclusion applies irrespective of what you are claiming, including:
a. Loss of profits or business;
b. Loss of opportunity;
c. Loss, destruction, corruption of data or expenses incurred for reconstructing or re-keying data, and however liability arises or might arise (whether through tort or contract) if it were not for this clause.
If the Operator or any associates are ever liable (whether for direct, indirect or consequential loss or damage or otherwise) to you and, for any reason, cannot rely on any exclusion of liability set out in this clause, the maximum liability of the Operator to you is limited to the amount paid by you for the supply of the program trading as Our Cat Herder.
The exclusion and limitations of liability also apply to the benefit of the associates including contractors, service providers and other agents of the Operator.
Links to other useful websites will be provided from time to time. The Operator makes no warranty for the accuracy and completeness of information provided through such links.
5. Privacy Statement
The Terms and Conditions as stated herein should be read in conjunction with our Privacy Statement which is outlined on the Our Cat Herder website.
6. Cessation of Business
In the event of the winding up of Our Cat Herder, for whatever reason, then the Operator warrants that all information and data relevant to the Subscriber stored by Our Cat Herder in the Cloud, will be deleted within 6 months of the cessation of services provided between Our Cat Herder and the client.
7. Sale or License of Website, Program and Customer Assets
Nothing in this agreement shall prohibit or limit the right of the Proprietors of Our Cat Herder as Operator of the service Our Cat Herder on-line program to on-sell or license the operating system and, therefore, its customers/clients to a third party. Such transactions may see an alteration to the terms of this agreement.
8. Applicable Law
Any disputes or claims that might arise are governed by Australian law. The parties agree to the exclusive jurisdiction of the courts of Victoria in the event of any action against the Proprietors.