Terms and Conditions
1. About this agreement
1.1. What this agreement is about
This agreement sets out the terms and conditions that apply to your +Club Membership with Pets Domain which will be referred to as Membership throughout these Terms and Conditions.
1.2. This agreement is binding
(a) You warrant that you are of legal age to, and are authorised to, enter into this agreement and be bound by it.
1.3. How long this agreement will last
This agreement commences on the Activation Date and continues until:
(a) you terminate this agreement under clause 1.4; or
(b) we terminate this agreement under clause 15.1.
1.4. How you can end this agreement
(a) You can terminate this agreement at any time by cancelling your membership through the app. Cancelling will remove your Customer Type and pricing rules, but will not remove you from our emailing list.
(b) Cancelling your membership will take immediate effect.
(c) There is no refund for cancelling your membership.
2. Managing your Membership
When you pay us the applicable Fees, we will provide you with the discounts and benefits associated with your selected level of Membership.
2.1 Renewal of Membership
2.1.1 Renewal of your App Purchased Membership
App Purchased Membership changed from a subscription model to a fixed term model on 1st November 2023. All subscriptions at that time were converted to fixed term with the expiry dates set to the end of the pre-paid period. These memberships will no longer be automatically renewed at the end of the pre-paid period.
App Purchased Membership can be renewed through the Pets Domain Membership App or by purchasing another membership period in-store. The renewal will only take effect at the expiry date of the current membership, so no time / value is lost.
2.1.2. Renewal of your Store Purchased Membership
Store Purchased Membership can be renewed through the Pets Domain Membership App or by purchasing another membership period in-store. The renewal will only take effect at the expiry date of the current membership, so no time / value is lost.
2.2. Changing your Membership
You can change the level of your membership at any time through the app.
You cannot change your level of membership in-store.
2.2.1. Upgrading your Membership
Upgrading your membership will take immediate effect and will start a new membership period from the date of the upgrade. The amount that will be charged to you will take into account the remaining period of your previous level of membership and will be adjusted by that amount on a pro-rata basis.
2.2.2. Downgrading your Membership
Downgrading your membership will take effect at the end of the current membership period. As there is no refund for the higher level of membership, the benefits from the higher level will remain in place until the end of the membership term. At that point the new selected membership level will take effect and the applicable fees will be charged.
2.2.3. Cancelling your Membership
You can cancel your membership at any time by terminating the agreement as described in Section 1.4.
2.3. Memberships are not transferable.
Your Membership is not transferable for any reason. You must not rent, lease, assign, transfer, loan, share or otherwise distribute your membership or any related benefits.
2.4. Our right to change Memberships
We reserve the right to modify the content, inclusions, type and availability of the Memberships at any time. In the event your membership changes you will be given 14 days’ notice of the changes.
3. Application access, on-line purchases, catalogues and email alerts
3.1. How this clause applies
This clause 3 applies to any:
(a) Catalogues;
(b) Access to Secure Areas of the Pets Domain Websites; and
(c) Email and SMS alerts, that form part of any Membership Product.
3.2. Restrictions on use
(a) Membership benefits are only available for in-store purchases as the membership code will need to be scanned at the point of sale.
(b) On-line purchases and Click-and-Collect orders will not receive the applicable discounts at this time.
(c) There may be occasions when the membership discounts cannot be applied. For example, the sale of a damaged stock item like a bird cage. These purchases are processed through the registers differently to normal purchases and the membership discounts cannot be applied.
Membership discounts also do not apply to the purchase or renewal of a membership or to the purchase of gift cards and vouchers.
Some specific and everyday membership offers are available to specific tiers of membership. Members can access these offers as well as offers extended to a tier below them if that offer is better than their own discount. For example; Gold Members can access specific Silver or Bronze offers where that offer is better than the Membership tier discount. The Membership tier discount is not applied to these offers.
Example:
John is a GOLD +Plus Club Member. An exclusive offer is made to BLUE members to purchase some bird products at special prices.
| Item | Regular Price | Gold Discount Price 30%off | Bronze Exclusive Offer | John will pay |
| Large Aviary | $500 | $350 | $300 | $300 |
| 2 x 20kg Bird Seed | $50 | $35 | $40 | $35 |
3.3. Your email / SMS alerts
(a) Your email / SMS alerts will be sent to the email address / mobile number that you provide us while completing your registration.
(b) If you wish to update your email address or mobile phone number, you can do this through the App.
3.4. No guaranteed access
(a) By its nature, the internet is not uninterrupted or error-free, and so there may be times when the Websites or Apps are unavailable or do not work properly due to technical difficulties, or when our email alerts are delayed.
(b) We cannot guarantee that:
(i) the Websites or the Apps will be available or working correctly at all times; or
(ii) the email alerts will always be sent out on time.
(c) As they are generated through third party systems, we cannot guarantee that the websites, the Catalogues or email alerts will be free from computer viruses or other defect or error which may affect your software or systems. To protect your software and systems we suggest you install and implement your own system protection software.
(d) You acknowledge that some of our content may not be viewable or accessible outside of Australia.
4. Acceptable use
4.1. Permitted use of Membership Benefits
You must use the Membership Benefits for your personal use only
4.2. Restrictions on use
You must:
(a) take all reasonable steps to prevent unauthorised access to the Membership Benefits or any of our other Products;
You must not:
(a) use your Membership for any commercial purpose, including on-selling your Membership to any third party, or charging a fee for access to any Product or Benefit;
(b) attempt to, or encourage or assist any other person to, circumvent or modify any security questions, technology or software that is part of a Product, or Website;
(c) copy, reproduce, translate, adapt, publish, create derivative works from, vary, merge or modify any of our Products in any way, including reverse engineering, disassembling or decompiling;
(d) directly or indirectly introduce, or permit the introduction by any third person of, any virus, worm, trojan or other malicious code into any Website or the Catalogues, or in any other manner whatsoever corrupt, degrade or disrupt the operation of any Website or the Catalogues;
(e) allow any third party to do anything inconsistent with this agreement;
(f) use the Websites or any Product for any unlawful purpose or in any unlawful way;
(g) remove, obscure or interfere with any proprietary or copyright notices or labels or any serial numbers on any Product, or attempt to do any of those things; or
5. Audit
5.1. Usage of Membership
We may, from time to time, conduct (or appoint a third party to conduct) an audit of your use of the Membership Benefits to determine:
(a) the number of transactions you are making; and
(b) whether you are complying with all the terms of this agreement.
6. GST
(a) Unless we state otherwise, all prices include GST.
(b) The member will receive a Tax Invoice made under this agreement no later than 7 days following payment of the Membership in consideration of that product.
7. Confidentiality
These terms and conditions and any information that we exchange under them (other than Membership Benefits) are confidential.
You must not disclose them except:
(a) to the extent required by law or applicable stock exchange rules;
(b) to the extent strictly required in connection with legal proceedings or a dispute resolution procedure relating to these terms and conditions; or
(c) if the information is generally and publicly available otherwise than as a result of a breach of this agreement or another obligations of confidence.
8. Privacy
(a) We may collect some of your personal details and use them to enhance your membership experience.
(b) Unless you notify us otherwise, we may also use those personal details to communicate with you via email and SMS about renewing your membership and to notify you of any associated offers or benefits your membership entitles you to.
(c) For your security, your membership and privileges may be disabled if we cannot validate your email address and/or mobile number.
(d) Further information about your personal details are available through the Pets Domain Privacy Policy at the following link: https://petsdomain.com.au/pages/privacy-policy
9. Accuracy of your information
You are responsible for ensuring that all information you provide to us is accurate and up to date. If there are any errors in your contact information or other details, we are not liable for the consequences that may arise because of such errors or incorrect information, including sending information to the incorrect address you tell us. To change or update your contact details or other information, please use the Profile section of the Membership App.
10. Our liability
10.1. Accuracy, completeness, and availability of our content
We make no warranty or representation as to the accuracy or completeness of the information or other content contained in our Products. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy and completeness of the content and rely on it at your own risk. All content which you access through the Products may be changed at our sole discretion and without notice.
10.2. Financial advice
The information contained in our Products does not constitute financial advice nor is it a substitute for financial advice. We do not purport to provide financial services, and recommend the use of independent financial advisors before making any investment decisions.
10.3. Exclusions
(a) To the extent that you acquire goods or services from us as a consumer within the meaning of the Australian Consumer Law, you may have certain rights and remedies (including consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
(b) Nothing in this clause 10 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would:
(1) contravene that statute; or
(2) cause any term of this agreement to be void, (Non-excludable obligation).
(c) Except in relation to Non-excludable obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under this agreement.
(d) Except in relation to Non-excludable obligations, our liability to you arising directly or indirectly in connection with this agreement and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
(1) we are not liable for any indirect or consequential losses or any loss of revenue, loss of profit, loss of business opportunity, economic loss, loss of data or systems, loss of use, or payment of liquidated sums, penalties or damages under any agreement sustained by you or any other person arising from or in connection with this agreement; and
(2) our total aggregate liability under or in any way connected with this agreement is limited to the amounts paid by you to us under this agreement in the 6 months immediately preceding the date on which the claim arose.
(e) In relation to Non-excludable obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not limited under this agreement), our liability to you for a failure to comply with any Non- excludable obligation is limited to:
(1) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(2) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
11. Suspension or cancellation of Membership
(a) We may limit, suspend or cancel your access to (or delivery of) Membership Benefits or to the Websites without notice to you if:
(1) you fail to pay Fees in accordance with this agreement.
(2) the access or use of a Membership or a Website by the Member or a User is or becomes unlawful, or contrary to any applicable industry code; or
(3) we reasonably believe that, in the course of using the App or any Membership Benefit, you have breached a person’s rights (including intellectual property rights) or any law.
(b) We may cancel your Membership at the end of any Membership Period by giving you written notice of cancellation.
12. Termination of agreement
12.1. Termination
We may terminate this agreement immediately by notice in writing if you:
(a) breach any term of this agreement that is not capable of remedy;
(b) are no longer enrolled for any Membership Benefits;
(c) breach any term of this agreement that is capable of remedy and you fail to rectify that breach within 5 Business Days of receiving a notice from us requiring you to do so.
12.2. Effect of termination
(a) Termination of this agreement will automatically result in the termination of all current Membership Terms.
(b) On the expiry or termination of this agreement, you must immediately stop using the Membership Benefits.
(c) Upon termination of this agreement, you will not be entitled to receive any refund of any part of any Membership Fees or other Fees paid by you under this agreement.