Website Terms of Use

Last updated 14/06/2023

 

The Website together with the Affiliated Websites are owned and operated by DOGALONG Limited. You acknowledge that by accessing or using this Website and any services supplied via this Website (Services) you agree to be bound by the following terms and conditions (Terms). Please read these Terms carefully. If you do not accept these Terms, please refrain from using the Website.

We reserve the right to change these Terms at any time. We will notify you of that change by updating the “last updated” notice at the top of this page. By continuing to use the Website and Affiliated Websites, you agree to be bound by the amended terms of use. You should check from time to time to see if the Terms have changed.

  1. Intended Meanings for Certain Words

In these Terms, the following words have the meanings set out as follows:

  • “Affiliated Website” means any website (other than the Website) owned and operated by DOGALONG Limited.

  • “Content” means any software, data, information, pictures, graphics and other materials published or made available on the website, including all third party content and user generated content.

  • “Member” means a user that has completed our registration process and created an account.

  • “Product” means the goods and / or services being offered by us and promoted through the Website or Affiliated Website.

  • “Product Information” means the specific information relating to a Product as set out on the Product Page.

  • “Product Page” means the relevant page of the Website or Affiliated Website on which a specific Product is promoted.

  • “Product Order” means your Request or that part of your Request we confirm as acceptable.

  • “Request” means the order placed by you for the relevant Products in the Shopping Cart.

  • “Third Party Information” means information other than Product Information on the Website or Affiliated Website including certain data, news, research, statistics stories, photographs, opinions and information.

  • “User” means any user of the Website.

  • “We”, “us”, “our” and “Pet.co.nz” are a reference to DOGALONG Limited.

  • “Website” means this website dogalong.nz.

  • “You” and “your” are a reference to you.




  1. Functionality

In order to access some of the features of the Website and Affiliated Websites you will need to become a Member. When creating an account you must provide accurate and complete information.

  1. Access and Use of Material on this Website

When you access or use this website or any Services you must:

  • only do so in accordance with these Terms;

  • only access parts of this website that are designated for unrestricted public access unless we have expressly given you permission to access other areas and then only for the purposes, and in the manner, permitted by us;

  • keep all passwords that we give you confidential and not disclose it to any other person or permit any other person to use that password;

  • immediately change any password that we have given you if you believe that it has become known to any other person;

  • follow our instructions and any terms we publish on this Website when using the Services;

  • make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions;

  • not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit any part of this website for any commercial purpose;

  • take your own precautions to ensure that whatever you select from this Website is free of viruses or anything else that may interfere with your or any third party’s computer systems.

  1. Material Submitted by You

If you use any parts of this Website that allow you to submit material (including links to third party content) that can be viewed by the public (Material), then by using these features you acknowledge and agree that:

  • you will not post or transmit or otherwise publish Material, or permit or encourage the posting or transmission or other publication of Material, to this Website that:

    • is subject to any obligation of confidence on the part of Us, our officers, directors, agents, related bodies corporate, employees or third party service providers;

    • contains any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;

    • contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this Website or any computer software or equipment;

    • is illegal, false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, threatening, abusive, obscene, indecent, libellous, hateful, racially biased;

    • breaches any laws relating to a person’s right to privacy or the export of personal information, or personal information about another person without their consent;

  • you will only publish Material that is your original content of which you are sole owner of all intellectual property rights embodied in such content, or where you have obtained all consents and licences from third parties necessary for the submission and display of the Material on this Website and the grant of the licences by you to Us under these Terms;

  • you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to Us to use and display the Material on this website, modify, adapt, publish, create derivative works from, sell and distribute the Material, without any compensation or obligation to you;

  • the use by Us of the Material in accordance with the licences granted by you to Us under these Terms will not breach any third party’s rights;

  • you will indemnify Us (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by Us (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, the Material (including any breach of these Terms by you or the Material); and

  • you waive all moral rights that you may have in the Material.

To the extent that the Material includes a rating or review of a product or service, by submitting the Material, you represent and warrant to Us that:

  • you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;

  • save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and

  • save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.

To the extent the Material includes a question or query, you acknowledge and agree that:

  • We may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query;

  • any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

By submitting your email address (or any other contact details) in connection with the Material, you agree that We and our third party service providers may use your email address (or other contact details) to contact you about the Material and as otherwise set out in Our Privacy Policy.

  1. Disclaimers

This Website and its contents is provided on an ‘as is’ basis and we do not represent or warrant the accuracy, adequacy, completeness of information on this Website or that it is up to date. For example (but without limitation):

  • prices and colours of products may change, and all products are subject to availability;

  • variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);

  • despite every effort to accurately duplicate each product’s colours on this Website, they are intended as a guide only and actual colours may vary. The colours you see online will also depend on your screen display and settings, therefore, we cannot guarantee that your monitor’s display of any image will accurately reflect the colour of the product on delivery;

  • description of products are summaries only (with further information available on request to us); and

  • due to technical or human error, information may be recorded incorrectly or omitted.

We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this Website.

We do not warrant that access to this Website will be uninterrupted or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this Website.

We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

  1. Liability and Limitation

We are committed to complying with our legal obligations including honouring the consumer guarantees under the Consumer Guarantees Act. This means we will assist you if goods:

  • are or become faulty through no fault of your own;

  • are not fit for a stated purpose or a purpose you made known to Us;

  • don’t match our description or sample; or

  • have defects that were not obvious, or we did not bring to your attention.

If the fault is minor or can be repaired, then we may choose to repair the goods or give you a replacement. If the fault is serious or cannot be repaired then you can choose to have a refund, get a replacement or similar item or keep the goods but get some money back in compensation.

However, you may be asked to provide proof of purchase. You may also be asked to demonstrate that the problem with the goods was not your fault.

To the fullest extent permissible at law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this Website, the Services or any material appearing on this website, or from any action or decision taken as a result of using this website, the Services or any such material.

  1. Intellectual Property

You acknowledge that any content displayed or made available through the Website is our exclusive property or used and /or displayed by us with the express permission of the owner. No Content may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.

“DOGALONG” is our trademark. All rights in respect of this  trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.

You acknowledge and agree that all copyright and other intellectual property rights that may subsist in the content available through this Website including text, images, graphics, photographs, video, logos, sounds, layout, designs, software and source code belong to us (or, where relevant, to our licensors, or other third parties). Except as permitted by these Terms, or with our prior written permission, you may not, in any form or by any means:

  • use this Website or any information or other material from this Website, including any information about products or services obtained from any part of this Website, for any commercial purpose;

  • remove any copyright, trademark or any other intellectual property notice from any material accessible on this Website; or

  • copy, adapt, modify, store, distribute, print, display, perform, publish, transmit, alter or tamper with in any way, or otherwise use, any material contained in any part of this Website (except as expressly permitted in these Terms).

Nothing contained in this website shall be construed as granting any licence or right to use any trademark displayed on this Website.

  1. Privacy and Personal Information

Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use this Website you agree to the terms of such Privacy Policy.

  1. Links and Third Parties

The Website may include links to other websites. While we own the Affiliated Websites, we will not own other linked websites. If you visit a linked website you will be subject to the terms of that website. Any dealing in relation to a website not owned by us (“Third Party Website”) will be solely between you and the owner of that Third Party Website. A link to a website from this Website or an Affiliated Website does not imply our endorsement of the Third Party Websites or any product or service being advertised, promoted or offered on the Third Party Website or any association with the operators of the Third Party Website unless this is specifically stated on the Website or Affiliated Website.

We are not responsible for any Third Party Information that does not originate directly from us, for any links we provide to Third Party Websites, or for information or goods or services at or accessible from those Third Party Websites. This includes the content of third party advertisements appearing on this website and links to Third Party Websites. These are provided for convenience only and may not remain current or maintained. The appearance of advertisements for third parties or links to Third Party Websites on this website is not to be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of those Third Party Websites, or of any information, goods or services referred to or offered on those sites or otherwise posted on this website. Responsibility for any of that content rests solely with those third parties.

  1. Severability

If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and shall not affect the validity and enforceability of any other provision of these Terms.

  1. Law

These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand. We make no representation or warranty that the content of this website complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

  1. Contact

If you have any questions or concerns in relation to the Website, Affiliated Website or these Terms please contact us..