GENERAL

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

PRIVACY POLICY

These Terms of Service incorporate our privacy policy which sets out how we hold and use your information and can be found at Privacy Policy. By using this Website, you consent to the processing described in the policy and that the information you provide is accurate. You are responsible for maintaining and updating account information.

PROHIBITIONS

You must will not misuse this Website in anyway, you will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Banana on Cat will report any such breach to the relevant law enforcement authorities and disclose all relevant information to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it. The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content made available to you on or through this Website remains the property of Banana on Cat or its licensors and are protected by copyright laws and treaties around the world.

You may store, print and display the content for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or documentation supplied by Banana on Cat. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Banana on Cat.

PROMOTIONAL CODES

• Sometimes we offer Promotional Codes which may apply to any, or certain specified purchases or products on this Website.

• Each Promotional Code will be subject to specific terms & conditions specified at the time the Promo Code is issued (including the length of time to use the code) in addition to those mentioned in these Terms of Service.

• Promotional Codes can be provided on this Website or via email such as your birthday, new member or anniversary codes.

• Only one Promotional Code can be used against an order at any one time unless otherwise stated within that codes specific Terms and Conditions.

• A Promotional Code can't be applied to an order after that order has been placed.

• If any exclusions apply to that Promotional Code, it will be outlined within the relevant codes specific Terms and Conditions.

• If the Promotional Code has expired, you won’t be able use it.

• We can’t accept any responsibility once we have given you a Promotional Code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the Promotional Code being cancelled.

• If a Promotional Code is offered on this Website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the Promotional Code, we reserve the right to cancel, modify or suspend the Promotional Code.

• Promotional Codes are non-transferable and cannot be exchanged for cash. If you receive a Promotional Code, it can only be used by you for the purpose for which it was issued.

• Don’t pass your code directly on to others or make it available to others (for example, posting it on social media). If we believe that at the point of purchase or retrospectively you are abusing the use of Promotional Codes in any way, we reserve the right to cancel your Promotional Code or suspend/close your account without letting you know beforehand.

• When returning an item purchased with a voucher/promo code, your refund or exchange value will be equal to the final discounted price that you paid for the item and will be honoured only in compliance with our regular refund and exchange policy.

TERMS OF SALE

By placing an order for any goods on our Website you are agreeing to purchase the goods on and subject to the following terms and conditions. Dispatch may vary according to availability and any guarantees or representations made as to delivery times are subject to change for which we will not be responsible.

When placing an order you agree that all details you provide to us are true and accurate and that you are an authorised user of payment method used. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age. Our Website accepts payments using Visa, Mastercard. When you place an order, you will receive an e-mail confirming receipt of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and your card has been debited. Whilst we try and ensure that all details, descriptions and prices which appear are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you decide to cancel your order a full refund will be provided. If you think that there is a fault with the goods you have received, please contact our us as soon as possible, include your order number, problems with the goods and if possible photographs of the defect. You may be entitled to a replacement or refund for a major fault or entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality. You can return any goods within 30 days of receipt for a refund of those goods if the item(s) is unused with original packaging and the original receipt or proof of purchase is provided. We will refund the monetary value of the goods returned to us, at the price you purchased them and in the method you purchased them. When returning an item purchased with a voucher/promo code, your refund or exchange value will be equal to the final discounted price that you paid for the item and will be honoured only in compliance with our regular refund and exchange policy. All goods will be inspected on return. You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach us. We are not responsible for any goods that are returned to us in error.

DISCLAIMER OF LIABILITY

Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.

If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Banana on Cat is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability for breach of the Non-Excludable Provision is limited to one or more of the following at Banana on Cat option

• In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

• In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Subject to Banana on Cat’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Banana on Cat is not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages; or damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

INDEMNITY

You agree to indemnify, defend and hold harmless Banana on Cat, its employees and affiliates, from any and all third party claims, liability, damages and/or costs arising from your use of this Website or your breach of these Terms of Service.

COMPLAINTS

If you have a complaint about Banana on Cat, please contact us through one of the methods below:

• via email ben@bananaoncat.com

Hours: Monday to Friday 10.00am to 3.00pm AEST

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

GOVERNING LAW AND JURISDICTION

These Terms of Service are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

ENTIRE AGREEMENT

We shall have the right that at any time and without notice to amend, remove or vary these Terms of Service, products, services and/or any page of this Website. The above Terms of Service constitute the entire agreement of the parties and supersede all preceding and concurrent agreements between you and us.