Terms and Conditions
- Welcome to the Possum Piper Website (the ‘Website‘).
- The Website is operated by Devright Pty Ltd (‘Possum Piper’). Possum Piper provides Possum removal, Rodent control Services and Products (the ‘Services Products‘).
- Access to and use of the, or any of its associated Services and Products, is provided by Possum Piper. 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, or any of Services and Products, immediately.
- Possum Piper reserves the right to review and modify any of these Terms by updating these Terms and Conditions of Use at its sole discretion. When Possum Piper updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by using the Website.
Registration to use the Services and Products
- As part of the registration process, or as part of your continued use of the Services and Products, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Your name
- Email address
- Telephone number
- You warrant that any information you give to Possum Piper in the course of completing the registration process will always be accurate, correct and up to date.
- You may not use the Services and Products and may not accept the Terms if:
- you are not of legal age to form a binding contract with Possum Piper; or
- you are a person barred from receiving the Services and Products under the laws of Australia or other countries including the country in which you are resident or from which you use the Services and Products.
Your obligations as a User
- As a User, you agree to comply with the following:
- You will use the Services and Products only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction
- You will not use the Services and Products in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Possum Piper.
- You will not use the Services and Products for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services and Products. Appropriate legal action will be taken by Possum Piper for any illegal or unauthorised use of the Services and Products; and
- you acknowledge and agree that any automated use of the Website or its Services and Products is prohibited.
- You will use the Services and Products only for purposes that are permitted by:
- In using the Services and Products or when making any payment in relation to your use of the Services and Products, you warrant that you have read, understood, and agree to be bound by these Terms and any agreements that we provide to you for signing.
- You acknowledge and agree that where a request for the payment of the Services and Products is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services and Products.
- You agree and acknowledge that Possum Piper can vary the fees for its Services and Products at any time.
Possum Piper will only provide you with a refund of any fees paid for Service Fees in accordance with any agreements with you or if Possum Piper decides, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).
Copyright and Intellectual Property
- The Services and Products and all the related products of Possum Piper are subject to copyright. The material on the is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and Products and compilation of the (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services and Products are owned or controlled for these purposes, and are reserved by Possum Piper or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Possum Piper, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Possum Piper does not grant you any other rights whatsoever in relation to the Website or the Services and Products. All other rights are expressly reserved by Possum Piper.
- Possum Piper retains all rights, title and interest in and to the Website and all related Services and Products. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of Possum Piper and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services and Products or third party Services and Products for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Dangerous Services and Products
- Possum Piper’s Services and Products may be dangerous and contain hazardous chemicals. Therefore, by agreeing to these terms and conditions you warrant:
- That you will store and use the Services and Products appropriately and you will not under any circumstances use the products for any illegal purpose whatsoever.
- That you will not resell, distribute or provide the Services and Products to any person who should not be in possession of the Services and Products by law, including but limited to minors.
- That you will not in any way use the Services or Products to bait or kill native and/or endangered wildlife and will only use the Services or Products for their intended use as labelled and directed.
- That you use the Services and Products at your own risk and that Possum Piper is not liable for any misuse of the Services and Products once they are provided to you. Please read the labels of all Products carefully and follow all applicable safety and legal standards to any Website or use of the Services and Products.
- Nothing in the 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
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
- Possum Piper 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 and Products or these Terms (including as a result of not being able to use the Services and Products or the late supply of the Services and Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services and Products is at your own risk. Everything on the Website and the Services and Products is provided to you “as is” and “as available” without warranty or condition of any kind unless stipulated otherwise in an agreement. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Possum Piper make any express or implied representation or warranty about the Services and Products or any products or Services and Products referred to on the Website, including (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.
- the accuracy, suitability or currency of any information on the Website, the Services and Products, or any of its Services and Products related products (including third party material and advertisements on the Website);
- costs incurred as a result of using the Website, the Services and Products or any of the products of Possum Piper; and
- the Services and Products or operation in respect to links which are provided for your convenience.
Limitation of liability
- Possum Piper’s total liability arising out of or in connection with the Services and Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services and Products to you.
- You expressly understand and agree that Possum Piper, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
- The Terms will continue to apply until terminated by either you or by Possum Piper as set out below.
- If you want to terminate the Terms, you may do so by:
- providing Possum Piper with 7 days’ notice of your intention to terminate; and
- closing your accounts for all of the Services and Products which you use, where Possum Piper has made this option available to you.
Your notice should be sent, in writing, to Possum Piper via the ‘Contact Us’ link on our homepage.
- Possum Piper may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Possum Piper is required to do so by law;
- the provision of the Services and Products to you by Possum Piper is, in the opinion of Possum Piper, no longer commercially viable.
- Subject to local applicable laws, Possum Piper reserves the right to discontinue or cancel your Usership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services and Products without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Possum Piper’s name or reputation or violates the rights of those of another party.
- You agree to indemnify Possum Piper, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
The Services and Products offered by Possum Piper is intended to be viewed by residents of Australia. The Terms and the Services and Products are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.