Terms of Service

Introduction

These Terms of Service are the contract between you and Marketing Munch Pty Ltd (a company registered in Australia – ABN: 22 143 805 207) doing business as Picco Puppy (“Picco Puppy”) (“we,” “us,” etc).

By using or browsing www.piccopuppy.com (the “Site”), purchasing/downloading a copy of a Picco Puppy book (“Book,” “Books”), subscribing to the Picco Puppy Club (“Club”), or other products or services offered on or through our Site, you accept these Terms of Service, along with the Privacy Policy, Copyright notice, and Disclaimer, in full. If you disagree with any part of our Terms of Service, Privacy Policy, Copyright notice, and/or Disclaimer, you must not use this Site, purchase/download our Books, subscribe to our Club, or purchase other products or services offered on or through our Site.

These Terms of Service (Terms of Service) apply to every person who uses our information, documents, software, and any other products and/or services that we provide, together referred to as (Services). By using this Site, purchasing/downloading our Books, or other products or services offered on or through our Site, you signify your acceptance of these Terms of Service. For the purposes of these Terms of Service, “Us”, “Our” and “We” refers to Marketing Munch Pty Ltd, Picco Puppy, and Picco Puppy, and “You” and “Your” refers to you, the customer, visitor, website user or person using our Site or purchasing/downloading our Books.

In using our Site, Books and/or Services, you warrant that you have had sufficient opportunity to access these Terms of Service, and that you have read, accepted and will comply with these Terms of Service. If you do not agree to these Terms of Service, do not use our Site, our Books and/or our Services.

Amendment of terms

We reserve the right to change, modify, add or remove portions of these Terms of Service from time to time. Revised Terms of Service will apply to the use of this Site and our Books from the date of publication of the new Terms of Service on this Site. Please check these Terms of Service regularly prior to using our Site to ensure you are aware of any changes. If you choose to use our Site, subscribe to our Club, or purchase/download our Books, then we will regard that use as conclusive evidence of your agreement and acceptance of these Terms of Service.

Limitation of Liability

By using our Site or purchasing/downloading our Books you agree and accept that Picco Puppy is not legally responsible for any loss or damage you may incur in relation to your use of the Site or a Book, whether from errors or from omissions in our content or information, any goods or services we may offer, or from any other use of the Site, our Books, or our Services. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this Site or in our Books is entirely at your own risk, for which we shall not be liable.

It is your own responsibility to ensure that any Services available through this Site or in our Books 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.

ACL and Consumer Guarantees

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). The liability of Picco Puppy 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.

Delivery of Goods

Physical goods may be delivered by your local/national postal service. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 7 days, depending on the delivery option. Damaged or lost orders should be resolved with your local/national postal service directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Picco Puppy.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

Links To Other Websites

Picco Puppy may from time to time provide, on its Site or Book, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Picco Puppy and the owners of those websites. Picco Puppy takes no responsibility for any of the content found on the linked websites.

Picco Puppy’ Site or Books may contain information or advertisements provided by third parties for which Picco Puppy accepts no responsibility whatsoever for any 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.

Third Parties

Picco Puppy does not and will not sell or deal in personal or customer information. We may, however, use non identifiable information without any reference to your name or your information to create marketing statistics, identify user demands and to assist in meeting customer needs generally. In addition, the third party may use the information that you provide to improve its website and services but not for any other use.

Disclose Your Information

Picco Puppy may be required, in certain circumstances, to disclose information in good faith and where Picco Puppy 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 our customers or third parties.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Picco Puppy. Competitors are not permitted to use or access any information or content on our Site or in our Books. If you breach this provision, Picco Puppy will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Restricting Access

Picco Puppy reserves the right to exclude and deny any person access to our Site and our Services, at any time in our sole discretion.

Intellectual property

This Site and our Books contain 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 Site or in our Books 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 Site or in our Books.

Picco Puppy expressly reserves all copyright and trademark in all documents, information and materials on our Site and in our Books and we reserve the right to take action against you if you breach any of these terms.

Any reproduction or redistribution 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 content 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 Site or our Books 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.

Severability

If any provision of these Terms of Service is held to 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 of Service 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 remaining provisions of these Terms of Service.

Entire Agreement

These Terms of Service make up the entire agreement between you and Picco Puppy and supersede any prior agreement, understanding or arrangement between you and Picco Puppy whether oral or in writing. 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.

Jurisdiction

These Terms of Service and this Site and our Books are subject to the laws of New South Wales and Australia. If there is a dispute between you and Picco Puppy that results in litigation then you must irrevocably submit to the jurisdiction of the courts of New South Wales.

Updated: October 25, 2019.