Website Terms and Conditions
Please read these terms and conditions ("terms and conditions", "terms") carefully before using www.mypetmemorials.com, arrowmemorials.com.au website (“website”, "service") operated by Matthews Bronze Pty Ltd ("us", 'we", "our") trading as My Pet Memorials/Arrow Memorials (“MPMAM”).
Conditions of Use
By using this website you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly. MPMAM only grants use and access of this website, its products, and its services to those who have accepted its terms.
Products
We offer our customers customized products for both human and pet use. You can personalize your order with various customizations such as engraving, prints, and other details. When placing an order, you can select the style and customization, and the final product will be based on the accuracy of the details you provide and approve. We may request you to scan and send any prints to us again if the images are unclear. In the event that we request further prints from you, we will contact you pursuant to the contact details that you provide us upon placing an order.
We are not liable for any typographical errors or changes in your preferences once the order is placed. Once you approve the artwork for customization, it cannot be returned or refunded unless there is a major defect. You agree and acknowledge that the size, placement, and overall look and feel of the products may slightly vary from the image displayed through the rendering service that is made available by us.
We reserve the right to review and reject any order containing artwork that we deem, at our sole discretion, to be offensive, inappropriate, or otherwise unsuitable.
Software for Technology Products
We grant all customers that purchase a software subscription product a non-exclusive, non-sub-licensable, non-transferable license to use the software for the purpose of realizing the benefits of the product, subject to the customer continuing its subscription payments. The customer must not:
- Copy, alter, modify, translate, adapt, improve, enhance, reproduce, resupply, resell, or repackage the software;
- Reverse assemble or reverse compile directly or indirectly the whole or any part of the software;
- Sell, rent, sub-license, lend, assign, time-share, distribute or otherwise make the software available or accessible to any third party; or
- Use the software in a manner that is unreasonable, unlawful, or contrary to its intended use.
Prices and Payments
Prices that are quoted on the website are subject to change at our sole and absolute discretion and without notice. All of our prices are in Australian dollars and include GST.
We offer tiered pricing for wholesale (account) customers. If you are a wholesale customer, please log in to your account to view your specific price book. Prices for wholesale customers may differ based on order volume and other criteria specified in the tiered pricing structure.
You agree and acknowledge that we may use third-party payment gateways such as Stripe, and you agree to be bound by the applicable terms and conditions and privacy policy of the payment gateway provider.
Delivery
You agree and acknowledge that we shall engage a Third-party provider (Australia Post) to deliver the products to you. By accepting these Terms, you consent to have your personal information shared with Third-Party Providers for the provision of the delivery services, and as such, you consent for the Third-Party Providers (if any) to contact you for the primary purpose of providing the delivery services to you.
You are responsible for ensuring that the mailing details that you provide us are correct and up to date. In the event that you enter the delivery wrong address into our website, then we may, at our sole discretion, charge you an additional delivery fee for the re-delivery of the products.
If an order does not arrive during the selected timeframe, then it is your responsibility to inform us by contacting us at customercare@arrowbronnze.com.au. We will then make inquiries into the delivery and will have the products resent to your delivery address as soon as possible. You agree and acknowledge that we will not be held liable for any loss or damage caused by any delays in the delivery of the Products.
You agree and acknowledge that the title to the products and the risk of loss or damage to the products passes to you upon you receiving the products through our delivery services.
Privacy Policy
Before you continue using our website, we advise you to read our privacy policy [link to privacy policy] regarding our user data collection. It will help you better understand our practices.
Age Restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. MPMAM assumes no responsibility for liabilities related to age misrepresentation.
Intellectual Property
You agree that all materials, products, and services provided on this website are the property of MPMAM, its affiliates, directors, officers, employees, agents, suppliers, or licensors, including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute MPMAM’s intellectual property in any way, including electronic, digital, or new trademark registrations.
You grant MPMAM a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company to come to an agreement.
You warrant that any artwork or other content that you provide to us for customization is properly licensed or owned by you and does not infringe on any third-party intellectual property rights. You agree to indemnify and hold us harmless against any claims, damages, or expenses, including legal fees, that arise as a result of a breach of this warranty.
User Accounts
As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information.
If you are a wholesale customer, you must log in to your account to access the tiered pricing structure applicable to your purchases.
You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.
We reserve all rights to terminate accounts, edit or remove content, and cancel orders at our sole discretion.
Disclaimer of Warranties and Guarantees
We provide our products and services “as is” and “as available”. To the maximum extent permitted by law, we expressly disclaim all warranties and guarantees of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and any other warranties that may arise under law.
You acknowledge and agree that:
- the use of our products and services is at your sole risk;
- we do not guarantee that the products or services will function without interruption, be secure, or that any defects or errors will be corrected;
- we do not warrant or guarantee that the products or services will meet your specific requirements or expectations;
- we do not warrant or guarantee the safety, reliability, or timeliness of our products, particularly the Pet Bluetooth Beacon.
Indemnification
You agree to indemnify MPMAM and hold its affiliates harmless against all losses, expenses, damages, and costs, including legal claims, demands, and legal fees, that may arise from your breach of these terms or use or misuse of our products or services. We reserve the right to select our own legal counsel.
In addition to the above, you agree to indemnify and hold MPMAM and its affiliates harmless from and against any and all claims, liabilities, damages, and expenses, including legal fees, that arise out of or are related to any artwork or content you provide for use in our products, including but not limited to claims of intellectual property infringement, defamation, or violation of any third-party rights.
Limitation on Liability
MPMAM makes no express or implied representation or warranty about the products or services referred to on the website. This includes but is not limited to loss or damage you might suffer as a result of the following:
- Failure to comply with any law, regulation, or code of conduct;
- Defects in any products or services;
- Incorrect or inaccurate information;
- Unauthorized access to or disclosure of your personal information;
- Errors, defects, or bugs in our software, technology, or services;
- Third-party products, services, or links included on the website.
Applicable Law
By visiting this website, you agree that the laws of the state of New South Wales, Australia, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between MPMAM and you, or its business partners and associates.
Disputes
Any dispute related in any way to your use of this website or our products or services shall be arbitrated by a state or federal court located in New South Wales and you consent to exclusive jurisdiction and venue of such courts.
Severability
If any provision of this Agreement is found to be invalid or unenforceable under any applicable law, such provision shall be deemed omitted from this Agreement and shall not affect the validity or enforceability of the remaining provisions.
Waiver
The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver by either party of any default shall constitute a waiver of any subsequent default. No waiver by either party shall be binding unless in writing and signed by the party sought to be bound.
Modification of Terms
We reserve the right to modify these terms from time to time, at our sole discretion. Any modifications to these terms will be effective upon posting on the website. Your continued use of the website following the posting of any modifications to the terms will constitute your acceptance of such modifications.