PET ANGEL TERMS AND CONDITIONS
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Pet Angel Funerals rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Pet Angel Funerals liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.
LINKS TO OTHER WEBSITES
Pet Angel Funerals may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Pet Angel Funerals and the owners of those websites. Pet Angel Funerals takes no responsibility for any of the content found on the linked websites. Pet Angel Funerals website may contain information provided by third parties for which Pet Angel Funerals accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Pet Angel Funerals absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Pet Angel Funerals gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Pet Angel Funerals to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Pet Angel Funerals does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Pet Angel Funerals may be required, in certain circumstances, to disclose information in good faith and where Pet Angel Funerals is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Pet Angel Funerals, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Pet Angel Funerals. Pet Angel Funerals expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Pet Angel Funerals will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Pet Angel Funerals reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. Pet Angel Funerals expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Pet Angel Funerals concerning your use and access to Pet Angel Funerals website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and Pet Angel Funerals that results in litigation then you must submit to the jurisdiction of the courts of QLD.
PRE AND POST PAID PAYMENT PLANS TERMS AND CONDITIONS
PRODUCTS AND SERVICES
The following services are available for a Pet Angel Payment Plan: Individual Cremation with Scatter Box; Individual Cremation with Urn; Complete Service. These services can be transferred from a Pre Paid Payment Plan to a Post Paid Payment Plan if the need eventuates.
PAYMENT PLAN TERMS
The payment term for Pre and Post Paid Payment Plans is six (6) months for all services. Pet Angel Funerals offer Pre and Post Paid Payment Plans of twelve (12) months for the Complete Service only.
Payments are accepted from Visa, Mastercard, or debit cards only. Payments will be accepted on a monthly basis only on a date agreed upon by Pet Angel Funerals and the customer
There will be no contract between Pet Angel Funerals and the customer until a payment plan has been completed and Pet Angel Funerals issues a Certificate of Service. Each contract is governed by the law of the state or territory in which the customer resides except for residents of the ACT whose contracts will be governed by the law of NSW.
COOLING OFF PERIOD
A cooling off period of five (5) days applies to all Pre Paid Payment Plans. If at any time during this period the customer is not happy with their decision please email firstname.lastname@example.org or phone 1800 PET ANGEL to cancel the plan and arrange a full refund. A cooling off period does not apply to post paid plans.
Pre Paid Payment Plans can be cancelled at any time and will receive a full refund less the deposit paid. Please email email@example.com or phone 1800 PET ANGEL to cancel a Pre Paid Payment Plan. Post Paid Payment Plans cannot be cancelled. If Pet Angel Funerals do not receive payment after two (2) consecutive months and have not had contact from the customer for a Post Paid Payment Plan, the pet’s ashes will be scattered in a dignified manner.
PAYMENT COMMENCEMENT DATE
Customers will be contacted on a monthly basis for payment via credit/debit card for a Pre and Post Paid Payment Plan.
Pre and Post Paid Payment Plans incur an admin fee that is included in the monthly payments. If the customer completes full payment for a Post Paid Payment Plan within fourteen (14) days of the date of the order, the admin fee will be waived.
PAYMENT DIFFICULTIES AND MISSED PAYMENTS
If the customer is unable to make a payment for any reason, please email firstname.lastname@example.org or phone 1800 PET ANGEL immediately to discuss the options that are available. If the customer misses a payment Pet Angel Funerals will contact the customer with an updated payment schedule.
If the customer misses two (2) consecutive payments Pet Angel Funerals will cancel or suspend the Pre Paid Payment Plan and contact the customer in writing. If Pet Angel Funerals do not receive payment after two (2) consecutive months and have not had contact from the customer for a Post Paid Payment Plan, the pet’s ashes will be scattered in a dignified manner.
Pet Angel Funerals will not charge the customer any dishonor fee. Pet Angel Funerals will contact the customer to discuss the next suitable day to make payment. Pet Angel Funerals will not be held responsible if the customer has been charged any fees from their banking institution.
PAYING GOODS AND SERVICE TAX (GST)
All Pre and Post Paid Payment Plans include Goods and Services Tax (GST). Fees will change in line with any government GST rate changes.
COMPLETION OF PAYMENT PLAN
When payment has been received in full for a Pre Paid Payment Plan service, the customer will receive a Certificate of Service that can be redeemed at any time with Pet Angel Funerals.
When payment has been received in full for a Post Paid Payment Plan the customer will receive their pet’s ashes in either a Pet Angel urn or scatter box within three (3) business days.
CONVERTING A PRE PAID PAYMENT PLAN TO A POST PAID PAYMENT PLAN
In the case of a service having to be provided as a result of the unexpected death of a pet, the customer may take the option to make complete payment or convert to a Post Paid Payment Plan at no extra charge. The delivery of ashes will not be made until payment is received in full to Pet Angel Funerals.
CHANGE OF ADDRESS
It is up to the customer to advise Pet Angel Funerals immediately of any change of address or contact details. Addresses outside of Pet Angel Funeral’s service area will be refunded subject to refund provisions.
CHANGE OF FINANCIAL DETAILS
It is up to the customer to advise Pet Angel Funerals immediately of any changes to your credit/debit card, such as the expiry date or card number.