Terms Of Use

This Website

This website is owned and operated by Genvet Pty Ltd under the domain name "www.genvet.com.au" ("Genvet Pty Ltd website").

If you use or access the Genvet Pty Ltd Website you accept these Terms of Use, the Privacy Statement, notices, disclaimers and any other rules of use contained on this Website and changes to them that we may make from time to time. You should review them carefully and check periodically for any changes. If you do not agree with the Terms of Use, Privacy Statement, notices, disclaimers and any other rules you are not authorised to use the Genvet Pty Ltd Website.

The Genvet Pty Ltd Website offers you access to a collection of products, services and online resources conditional on your Acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Genvet Pty Ltd Website and its associated products, services and online resources constitutes your agreement to all such terms, conditions, and notices.

In order to use the Genvet Pty Ltd Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees payable to any party associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

We recommend that you familiarise yourself with this Terms of Use statement and any other terms and guidelines found throughout the Genvet Pty Ltd Website and agree to abide by them should you chose to use the products and services offered to which they apply.

Conduct

You agree not to use the Genvet Pty Ltd Website to:

• * upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, offensive, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or discriminatory; and
• * impersonate any person or entity; and
• * forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; and
• * upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; and upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; and
• * upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or program; and
• * disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchange; and
• * interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and
• * intentionally or unintentionally violate any applicable law or regulation including but not limited to, regulations promulgated by any securities exchange; and "stalk" or otherwise harass, threaten or intimidate any person or internet user.

Links to Third Party Websites

The Genvet Pty Ltd Website may contain links to other websites ("Linked Third Party Sites"). The Genvet Pty Ltd does not endorse, or approve of the operators of the Linked Third Party Sites or the information, graphics and material on those Linked Third Party Sites. ("Linked Third Party Material"). Genvet Pty Ltd is not responsible for webcasting or any other form of transmission received from any Linked Third Party Site. Genvet Pty Ltd shall not be responsible or liable, directly or indirectly for any software downloads available from these Linked Third Party Sites. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, Genvet Pty Ltd accepts no liability in respect of such Third Party products and Genvet Pty Ltd provides no warranty and give no endorsement in respect of such products or any party connected with them.

Genvet is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement or approval of the site.

Subject to any applicable law, which cannot be excluded, Genvet Pty Ltd makes no warranties or representations:

• * regarding the quality, accuracy, merchantability or fitness for purpose of the Linked Third Party Material or products or services available through the Linked Third Party Sites; or
• * that the Linked Third Party Material does not infringe the intellectual property rights of any person; or
• * that it is authorising the reproduction of Linked Third Party Material by linking Material on this Website to Linked Third Party Material.

No Unlawful or Prohibited Use

As a condition of your use of the Genvet Pty Ltd Website and services, you warrant and agree that you will not use the Genvet Pty Ltd Website or services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Genvet Pty Ltd Website or its associated service in any manner which could damage, disable, overburden, or impair the Genvet Pty Ltd Website or interfere with any other party's use of the Genvet Pty Ltd Website or its associated services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Genvet Pty Ltd Website.

Use Limitation

The Genvet Pty Ltd Website is available for Licensed Veterinarians and their authorised contacts use. You warrant that you will not modify, copy, distribute, transmit, or sell any information, products or services obtained from the Genvet Pty Ltd Website.

Use of Online Order / Communication Services

The Genvet Pty Ltd Website contains communication facilities which are designed to enable Licensed Veterinarians to place orders electronically with Genvet Pty Ltd, and for clients to directly communicate with Genvet Pty Ltd. Please note that the operation of the account with Genvet, requires you to agree to the Terms and Conditions of Trade.

The supply, maintenance and cost of any equipment required by you or your Authorised User to access the Genvet Pty Ltd Online Ordering Service is your responsibility including, without limitation, the computer hardware, the software required to access the internet, normal telecommunication charges associated with your internet access and your agreement with an internet service provider.

Product and Services Information

Products and Services displayed or offered on this Website contain general information about Genvet Pty Ltd Group products and services.

Unless expressly stated otherwise, this information:

• * does not constitute an offer or inducement to enter into a legally binding contract; and
• * does not form part of the terms and conditions for Genvet Pty Ltd products and services.

Warranties

Genvet Pty Ltd Bank has made every effort to ensure that the information presented in the Genvet Pty Ltd Website is free from errors or omissions, however, Genvet Pty Ltd makes no representations about, and accepts no responsibility or liability for, the accuracy or currency of the information, content or links provided on the Website. We recommend before relying on any material contained within this website, or other material provided by Genvet Pty Ltd, that users should verify it internally using their own expertise to evaluate its accuracy, currency, completeness and relevance for their purposes. All information is subject to change without notice.

Genvet Pty Ltd recognises the community concern in the transmission of computer viruses. We utilise up to date technology in an attempt to eliminate any possible computer virus infecting any Material transmitted from the Genvet Pty Ltd Website. However, we do not guarantee that the Genvet Pty Ltd Website or any Linked Third Party Website will be free from viruses, or the access to the Genvet Pty Ltd Website or Linked Third Party Websites will be interrupted.

You expressly understand and agree that your use of the service is at your sole risk and that the Genvet Pty Ltd Website is provided on an "as is" and "as available" basis.

Genvet Pty Ltd makes no warranty that:

• * the Website will meet your requirements;
• * the Website will be uninterrupted, timely, secure, or error-free;
• * the results that may be obtained from the use of the Website will be accurate or reliable;
• * the quality of any products, services, information or other Material obtained by you through the Genvet Pty Ltd website will meet your requirements or expectations;
• * any Material downloaded or otherwise obtained through the use of the Genvet Pty Ltd Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any Material;

Limitation of Liability

Other than any responsibilities implied by law which cannot be excluded, you agree to indemnify and hold each and every member of Genvet Pty Ltd, affiliates, staff, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable legal fees, whatsoever arising out of or referable to Material on this Website or to any Linked Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of Genvet Pty Ltd for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Genvet Pty Ltd's option, to:

• * the supply of the goods or services,
• * the repair of the goods, or
• * the payment of the cost of having the goods or services supplied again or repaired

Modifications to Website

Genvet Pty Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Genvet Pty Ltd Website (or any part thereof) with or without notice. You agree that Genvet Pty Ltd shall not be liable to you or any Third Party for any modification, suspension or discontinuance of the Genvet Pty Ltd Website.

Termination

You acknowledge that these Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the Genvet Pty Ltd Website) and your access to the Genvet Pty Ltd Website may be terminated at any time by Genvet Pty Ltd without notice for any reason, including, without limitation, if Genvet Pty Ltd believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.

You also agree that Genvet Pty Ltd is not liable to you or any Third Party for any termination of your access to the Genvet Pty Ltd Website.

Assignment by Genvet Pty Ltd

Genvet Pty Ltd may assign this agreement in whole or part to any person.

Copyright

The content of the Genvet Pty Ltd Website is owned by Genvet Pty Ltd who reserves all rights, including copyright under the Copyright Act 1968 (Cth) of all material on this website. The material includes information, text, material designs, logos, insignia, graphics and other images or other works or subject matter and any other form of content. and may not be re-written, framed, linked, copied, re-sold, re-distributed or transmitted in any form by any process, or otherwise used without the prior specific written permission of the Genvet Pty Ltd.

Account specific conditions

The Veterinarian named on the application agrees to personally guarantee payment of any and all accounts for goods purchased by the Practice or Company/Business, together with any legal personal representatives of the Company/Business or our out of pocket expenses associated with the collection of outstanding moneys.

Payments for Goods Due to Genvet

 *   The Customer may pay invoices by Mastercard, Visa card, direct debit into the Genvet Pty Ltd bank account or by cheque. The due date for payment will be shown on all invoices and statements.

*   At Genvet Pty Ltd's sole discretion, payment by Mastercard, Visa card, direct debit into the Genvet Pty Ltd bank account or by cheque for approved Customers shall be due on 14th of each month following posting of a statement to the Customer's address or address for notices.

*   Should the Customer fail to pay in full the amount owing to Genvet Pty Ltd within the period provided, Genvet Pty Ltd may without prejudice to its other rights either:

        1.    require payment in advance for any future deliveries, whether of existing orders or any orders placed by the Customer in the future; or

        2.    terminate any contract forthwith by written notice to the Customer.

 *   Non-receipt of an invoice does not constitute a reason for late payment. It is the Customer's responsibility to ensure that goods ordered are paid for within the required time.

*   Any payment to Genvet Pty Ltd by the Customer which is not specifically allocated by the Customer will be credited first against interest charged and then against amounts owing for Goods supplied with oldest balances being discharged first.

*   Genvet reserves the right to charge interest on overdue invoices. In such instances, interest shall accrue from the date when payment becomes due daily until the date of payment at a rate of 1.5% per calendar month and shall accrue at such a rate after as well as before any judgement. Additionally if the Customer defaults in payment of any invoice when due, the Customer shall indemnify Genvet Pty Ltd from and against all Genvet Pty Ltd's costs and disbursements including on a solicitor and own client basis and in addition all external collection agency costs.

*   If at any time the Customer is in breach of any obligation in this document, without prejudice to any other remedies, Genvet Pty Ltd may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions and will not be liable for any loss or damage the Customer suffers because Genvet Pty Ltd exercised its rights under this clause.

*   In the event that:

     1.    any money payable to Genvet Pty Ltd becomes overdue, or in Genvet Pty Ltd's opinion the Customer will be unable to meet its payment as they fall due; or

     2.    the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

     3.    a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer; then

          (a) Genvet Pty Ltd shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies; and;

          (b) All amounts owing to Genvet Pty Ltd shall, whether or not due for payment, immediately become payable.

Risk and Retention of Title

*   Ownership of the Goods shall remain with Genvet Pty Ltd and Genvet Pty Ltd reserves the right to dispose of the Goods until such time as payment in full is made for all amounts owing by the Customer to Genvet Pty Ltd so that the Customer's total indebtedness to Genvet Pty Ltd under these Terms is discharged. The risk in the Goods purchased will, unless otherwise agreed by Genvet Pty Ltd in writing, pass to the Customer upon delivery to the Customer or his agent or to a carrier commissioned by the Customer.

*   The Customer acknowledges that until its total indebtedness to Genvet Pty Ltd under these terms and conditions of sale is discharged, it holds the Goods as bailee of Genvet Pty Ltd and that a fiduciary relationship exists between the Customer and Genvet Pty Ltd. Genvet Pty Ltd can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of the Genvet Pty Ltd Website indicates your Acceptance of these Terms of Use and the Privacy and Security Statement.

The information in the Genvet Pty Ltd Website is current at the date of publication but may be subject to change. Notice of any other change to these Terms of Use will be given no later than the day the change takes effect. Such notification will be posted on the Genvet Pty Ltd Website. Notice of any change is deemed to be accepted by you by your subsequent use of the Genvet Pty Ltd Service. Genvet Pty Ltd reserves any rights not expressly granted in these terms of use.

This is Genvet Pty Ltd's current Terms of Use statement and replaces any previously statement published prior to 9^th January 2011.