Purpose:
This Terms of Service (TOS) Policy outlines the terms and conditions governing the use of the "Paws and Panels" website, services, and content. It ensures compliance with the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010, as well as the Privacy Act 1988 (Cth) and the Spam Act 2003. This policy also includes provisions required for participation in the Amazon Associates Australia Program.
Scope:
This policy applies to all visitors, users, and affiliate partners interacting with the "Paws and Panels" website, including users engaging with affiliate marketing content and third-party services like Amazon Associates Australia.
Policy Statement:
By accessing or using the "Paws and Panels" website, users agree to be bound by the terms outlined in this policy. These terms are designed to:
- Ensure a safe and compliant online experience.
- Clarify the rights and responsibilities of both users and the Company.
- Protect intellectual property and content usage.
- Ensure compliance with Australian Consumer Law and affiliate program requirements.
If a user does not agree to these terms, they must discontinue the use of the website.
1. Definitions:
- "Company" refers to Paws and Panels.
- "User" refers to any individual accessing the website.
- "Affiliate Partner" refers to third parties promoting products through affiliate links on the website, including Amazon Associates Australia partners.
- "Services" include access to website content, affiliate links, and promotional material.
2. Website Use and Content Access:
- Users may access content for personal, non-commercial purposes only.
- Unauthorized reproduction, redistribution, or resale of website content is prohibited under the Copyright Act 1968.
- Users must be at least 18 years of age or have parental consent to use the services.
Prohibited Activities:
Users are prohibited from:
- Engaging in unlawful activities.
- Attempting to breach website security.
- Using automated systems (bots) to extract data.
3. Affiliate Marketing and Amazon Associates Australia Compliance:
"Paws and Panels" participates in the Amazon Associates Australia Program and other affiliate networks. As part of this participation:
- Affiliate Disclosure: Affiliate links are clearly identified, and commissions may be earned when users purchase through those links. Details are further outlined in the Affiliate Disclosure Policy (POL-ALL-004).
- Accuracy: While the Company makes efforts to ensure product accuracy, pricing, and availability are controlled by Amazon and other third-party providers.
- Cookies: Cookies may be used to track affiliate link performance as per the Cookie Policy (POL-ALL-002).
- Liability: The Company is not responsible for product quality or delivery issues from third-party vendors, including Amazon.
4. User Account Management:
- Users may create accounts for personalized services.
- Users are responsible for maintaining the confidentiality of their account credentials.
- The Company reserves the right to suspend or terminate accounts involved in policy violations or fraudulent activity.
Account Deletion:
Users may request account deletion following the User Account Management Policy (POL-ALL-014).
5. Payments and Commissions:
- Commissions earned through the Amazon Associates Australia Program or other affiliate networks will be disclosed transparently.
- Payments and commission handling are governed by the Payment and Commission Transparency Policy (POL-ALL-017).
6. Intellectual Property Rights:
- All content on the "Paws and Panels" website, including text, images, logos, and videos, is protected under the Copyright Act 1968.
- Users may not modify, distribute, or reproduce website content without prior consent.
- Copyright infringement claims will be handled under the Intellectual Property Rights Policy (POL-ALL-007).
7. Limitation of Liability:
- The Company provides content "as is" without warranties of any kind.
- The Company is not responsible for losses or damages resulting from:
- Errors or omissions on the website.
- Third-party product availability or quality issues.
- User reliance on affiliate-linked products or services.
8. Consumer Rights Under Australian Consumer Law:
Under the Australian Consumer Law (ACL), users have the right to:
- Receive products that match their description.
- Request a refund or repair if a product is defective or not as advertised.
- Seek dispute resolution through the Australian Competition and Consumer Commission (ACCC) if necessary.
For details on refunds and returns, refer to the Refund and Return Policy (POL-ALL-013).
9. Privacy and Data Protection:
- Personal data is collected and processed in compliance with the Privacy Act 1988 (Cth).
- Full details on data handling are provided in the Website Privacy Policy (POL-ALL-001).
10. Security Measures:
- The website implements industry-standard encryption and access controls to protect user data.
- Security breaches will be managed according to the Data Breach Notification Policy (POL-ALL-006).
11. Termination of Service:
- The Company reserves the right to terminate access to the website without notice if users violate these terms.
- Users can terminate their accounts voluntarily following the User Account Management Policy (POL-ALL-014).
12. Dispute Resolution:
- Disputes related to these terms will be addressed through internal resolution mechanisms first.
- If unresolved, disputes will be governed by the laws of Victoria, Australia and subject to the jurisdiction of Victorian courts.
13. Amendments and Updates:
- This policy may be updated periodically to reflect changes in regulatory requirements or business practices.
- Users will be notified of significant changes through the website or direct communication.
14. Non-Compliance and Enforcement:
Non-compliance with these Terms of Service may result in:
- Temporary or permanent account suspension.
- Legal action under the Competition and Consumer Act 2010.
Non-compliance reports should be submitted as described in the Non-Compliance Reporting Procedure (PRC-ALL-027).
15. Contact Information:
For any questions regarding this Cookie Policy or data rights, please contact: info@pawspanels.com.au