Terms And Conditions
(a) Welcome to PALATEPRO.COM.AU (the ‘Website’). The Website provides you with an opportunity to browse and register your interest to participate in the Palate Pro pet food trials through the Website (the ‘Services’). The Website provides this service by way of granting you access to the content on the Website.
(b) The Website is operated by PALATE PRO (ABN 95 830 279 746). Access to and use of the Website, or any of its associated Products or Services, is provided by PALATE PRO. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website or any of the Services immediately.
(c) PALATE PRO reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PALATE PRO updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by PALATE PRO in the user interface.
(a) The Website, the Purchase Services, and all of the related products of PALATE PRO are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled by PALATE PRO or its contributors.
(b) PALATE PRO retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of PALATE PRO; or
the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of PALATE PRO and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
(a) PALATE PRO takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services is subject to PALATE PRO’s Privacy Policy, which is available on the Website.
(a) You acknowledge that PALATE PRO does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
(b) PALATE PRO will make every effort to ensure the Services are accurately depicted on the Website, however, you acknowledge that activities and processes may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) PALATE PRO will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.
(e) Use of the Website and the Services is at your own risk. Everything on the Website, and the Services of PALATE PRO, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. This includes but is not limited to:
failure of performance, interruption, deletion, virus, loss of data, or unauthorised access
the accuracy or currency of content or third-party ads
costs incurred as a result of using the Website
failure to complete transactions or e-commerce errors
unlawful or offensive conduct of third parties
You expressly understand and agree that PALATE PRO, its affiliates, employees, agents, contributors, third-party content providers and licensors shall not be liable to you for any:
direct, indirect, incidental, special consequential or exemplary damages
loss of profit (direct or indirect)
loss of goodwill or business reputation
any intangible loss
This includes content posted by users, third parties, or related to the Purchase Services.
(a) These Terms continue until terminated by either party.
(b) You may terminate the Terms by:
(i) notifying PALATE PRO; and
(ii) closing your accounts for all Services.
(c) PALATE PRO may terminate the Terms if:
you breach any Terms
required by law
partners terminate their relationship with PALATE PRO
Services are no longer provided in your country
providing Services is no longer commercially viable
(d) PALATE PRO may cancel your membership and deny access without notice if you breach any provision or impact their reputation.
(e) Upon termination, all accrued rights and obligations survive.
You agree to indemnify PALATE PRO and its affiliates from and against:
all claims, losses, damages, liabilities or costs (including legal fees) arising from your content, your use of the Website, or any breach of these Terms.
(a) Compulsory: You must not commence court or tribunal proceedings unless this process is followed (except for urgent relief).
(b) Notice: The complaining party must provide written notice of the dispute and proposed resolution.
(c) Resolution: Within 30 days, both parties must attempt to resolve the dispute. If unresolved, a mediator must be appointed (e.g. by the NSW Small Business Commissioner). Costs of mediation are shared equally.
(d) Confidential: All communications are confidential and treated as “without prejudice”.
(e) Termination of Mediation: If 90 days pass without resolution, either party may request to terminate the mediation.
The services offered by PALATE PRO are intended for Australian residents. Any disputes shall be resolved in the courts of New South Wales, Australia.
These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be interpreted according to the laws of NSW, and the Terms are binding on the parties and their successors.
Both parties acknowledge the Terms are fair and reasonable, and confirm they have had the opportunity to obtain independent legal advice. The Terms are not against public policy.
If any part of the Terms is deemed void or unenforceable, that part shall be severed, and the remainder shall remain in full force and effect.
© by Palate Pro – advancing the future of pet nutrition through real-life feeding trials. Palate Pro is an independent research and testing program.
