Terms of service

1. Terms of Use

The website www.patog.com.au (referred to as the “Site”), is owned and operated by Patog Pty Ltd (ACN 669 824 944), hereinafter referred to as “we,” “our,” “us,” or the “Company.” The terms “you” and “your” refer to users and customers accessing this Site.

2. Acceptance of Terms

Accessing and using the Site means that you agree to be bound by the following terms and conditions, as well as any notices, disclaimers, and policies found on this page and throughout the Site, collectively referred to as the “Terms and Conditions”

3. Acknowledgment and Consent

Your engagement with the Site, its services, features, and functionalities (collectively referred to as the “Services”) implies your acknowledgment and explicit consent to be legally bound by these Terms of Use. Furthermore, if you engage in a purchase on the Site (“Purchase”), the Warranty and Refunds Policy and Shipping Policy shall also apply. If you do not agree to these Terms of Use, we recommend that you refrain from using the Site.

4. Updates to Terms

We reserve the right to review and update these Terms at our discretion by posting revisions on this page. When changes occur, we will make reasonable efforts to notify you of the updates. The revised Terms will take effect immediately upon publication. We advise you to keep a copy of the Terms for your records.

5. User Registration

a) To access our purchase services (“Purchase Services”), you must register as a user of the Website. During registration and continued use of the Purchase Services, you may be required to provide accurate and up-to-date personal information, including but not limited to:

• Email address
• Preferred username
• Mailing address
• Telephone number
• Password

b) Through the registration process, you affirm that the information provided is accurate and will be kept current.

6. Member Obligations

As a registered member (“Member”), you agree to adhere to the following:

• Use the Purchase Services in compliance with these Terms, applicable laws, and accepted practices.
• Maintain the confidentiality of your password and email address. Sharing your password may lead to immediate cancellation of Purchase Services.
• Notify us promptly of unauthorized use of your password or email address.
• Access and use the Website solely for your personal use in relation to the Purchase Services.
• Refrain from illegal, unauthorized, and commercial uses of the Website, including unauthorized collection of email addresses and unauthorized linking.

7. Purchase of Products and Returns

a) Upon using the Purchase Services to buy a product (“Product”) through the Website, you agree to pay the purchase price listed on the Website (“Purchase Price”).

b) Payment is processed through our Payment Gateway Provider. Your payment implies your acceptance of their applicable Terms and Conditions.

c) Upon successful payment confirmation, you’ll receive a receipt. No refunds will be provided under any circumstances.

8. Product Warranty

a) Our Products come with statutory guarantees under the Australian Consumer Law. For major failures, you are entitled to replacement, refund, or compensation. For other defects within 30 days, you can claim under the Warranty.

b) To make a Warranty Claim, provide proof of purchase, Product description, and price paid. Notify us in writing within the Warranty Period.

c) If your Warranty Claim is accepted, we will repair or replace the defective Product during the Warranty Period. Postage or shipping costs are your responsibility.

9. Orders

a) Any order placed through the Patog website signifies your intention to purchase a specific product at the stated price, encompassing delivery, taxes, and additional fees. This offer is made under the framework of these Terms and Conditions.

b) However, the Site reserves the right to decline your purchase offer for various reasons, including but not limited to product unavailability, order inaccuracies, erroneous product descriptions, pricing mistakes, or suspected purchase of bulk quantities for potential commercial resale.

c) Patog will verify and confirm your order within a reasonable period from the time of your request.

10. Intellectual Property and Content Usage

a) The Site and its content encompass various elements such as information, text, materials, graphics, software, tools, outcomes arising from tool usage, advertisements, names, logos, and trademarks (collectively referred to as “Content”). This Content is safeguarded by copyright, trademark, and other intellectual property laws.

b) Unless expressly stipulated otherwise in these Terms of Use or granted in writing by us, you are prohibited from and shall not allow or authorize third parties to:

• Modify, copy, reproduce, or publish the Content.
• Generate derivative works, undertake reverse engineering, or reverse assembly of the Content.

c) You are welcome to browse the Site freely and print content for your personal or non-commercial purposes. However, you must not modify printed or digital materials in any way, nor use images, photographs, videos, audio sequences, or graphics separately from accompanying text. Registered trademarks and logos on the Site must not be used or altered without obtaining our prior written consent.

d) Using any part of the Site’s content for commercial purposes is not allowed unless you obtain a license from us or our licensors. If you breach these terms by printing, copying, or downloading any part of our Site improperly, your access to our Site will be terminated immediately. You must, at our discretion, either return or dispose of any copied materials.

e) If our Site offers social media features, such as content sharing, you may utilize these features within their intended functionality.

11. Website Usage

a) Our Site’s availability cannot be guaranteed at all times due to occasional technical issues. We do not assure the continuous operation of the entire Site or any of its components.

b) Upon accessing the Services, you acknowledge that your use of them is solely at your own risk. You agree not to:

• Use the Site in a manner that could disrupt, impair, or disable it, or hinder others from using it.
• Engage in unlawful or prohibited activities, including those beyond the intended use of the Site, Services, or Content as defined in these Terms of Use.
• Employ automated methods to access the Site for any purpose, including copying content, without prior written consent.
• Jeopardize the Site’s security.
• Unauthorized use of another person’s Patog account.
• Upload or publish content that infringes intellectual property rights, impersonates individuals, contains offensive or inappropriate material, promotes illegal actions, or violates privacy rights.
• Violate privacy, data protection, or publicity rights, or generate material that could lead to legal consequences under applicable laws.
• Use manual processes to monitor or copy Site material without our prior consent.
• Employ devices, software, or actions that disrupt the Site’s functionality.
• Introduce malicious software or attempt unauthorized access to servers, databases, or systems.
• Initiate denial-of-service attacks or attempts to disrupt Site operation.
• Interfere with the proper functioning of the Site.

Your compliance with these guidelines is expected in order to ensure the Site’s proper operation and user experience.

12. Privacy

a) Upon acceptance of these Terms, you hereby consent to the collection, use, and sharing of information as outlined in accordance with the Patog Privacy Policy.

b) Furthermore, you commit to adhering to all pertinent privacy and data protection regulations when uploading data to the Site. You guarantee that you have obtained all necessary consents from any identifiable individuals in compliance with these laws.

13. Electronic Communication

When you access Patog or send us emails, you are engaging in electronic communication with us. Through this engagement, you express your consent to receive communications from us electronically. We will correspond with you through email or by displaying notifications on this website. You acknowledge that all agreements, notifications, disclosures, and other communications we transmit to you electronically fulfill any legal obligation for such communications to be in writing.

14. General Disclaimer

a) You acknowledge that Patog Pty Ltd does not provide any terms, guarantees, warranties, representations, or conditions beyond those explicitly outlined in these Terms.

b) Patog Pty Ltd makes diligent efforts to ensure the accurate portrayal of Products on the Website; however, you acknowledge that discrepancies in sizes, colors, and packaging may occur compared to the displayed information.

c) These Terms do not limit or exclude any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law. Liability that cannot be limited or excluded under such laws remains unaffected.

d) Subject to the provisions of this clause and within the extent allowed by law:

• All terms, guarantees, warranties, representations, or conditions not expressly specified in these Terms are excluded.
• Patog Pty Ltd will not be held liable for special, indirect, or consequential loss or damage, unless such loss or damage is reasonably foreseeable due to our failure to meet applicable Consumer Guarantees. This includes loss of profit, opportunity, or goodwill arising from the Purchase Services or these Terms, such as the inability to use Purchase Services or delayed supply, whether under common law, contract, tort (including negligence), equity, statute, or otherwise.

e) Your use of the Website, Purchase Services, and any products from Patog Pty Ltd is at your own risk. Everything on the Website, Purchase Services, and Products from Patog Pty Ltd are provided to you “as is” and “as available,” without any warranties or conditions. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors associated with Patog Pty Ltd provide any express or implied representations or warranties about the Content or any products or Purchase Services (including those of Patog Pty Ltd) mentioned on the Website. This includes, but is not limited to, potential losses or damages arising from:

• Performance failure, errors, omissions, interruptions, deletions, defects, inability to correct defects, operational delays or interruptions, computer viruses, or other harmful elements.
• The accuracy, suitability, or currency of any information on the Website, Purchase Services, or Content related to products (including third-party materials and advertisements on the Website).
• Costs incurred from using the Website, Purchase Services, or any Products.
• Content or operation related to convenience links provided for users.
• Unfinished transactions or losses arising from e-commerce transactions conducted on the Website.
• Any defamatory, threatening, offensive, or unlawful behaviour from third parties or publication of related materials.

15. Limitation of Liability, no warranty and Disclaimer

a) With the exception of liability arising from the breach of any implied condition, warranty, or guarantee, including under the Competition and Consumer Act 2010 (Cth), where the exclusion of such conditions would violate any statute or render any part of the Terms of Conditions void (Non-excludable Condition), Patog Pty Ltd, hereby disclaims all liability, to the extent permitted by law, for any form of loss or damage (including actual, special, direct, indirect, and consequential) associated with or arising from the use of the Site.

b) Furthermore, excluding liability in relation to any Non-excludable Condition and as permitted by law, the provisions of our Warranty and Refunds Policy and Shipping Policy shall apply as follows:

• We shall not be held liable if any Products available for purchase on the Site are misused, mishandled, or incorrectly installed by you or any third party.
• Our maximum total liability for any Product supplied to you through our Site shall not exceed the amount you paid to us for the respective Product.

c) In accordance with the extent allowed by law and excluding liability for any Non-excludable Condition, you hereby acknowledge that neither Patog Pty Ltd, its related entities, nor their respective directors, officers, employees, contractors, or agents (Employees) shall be held liable for any loss or damage, regardless of its cause (whether due to negligence or any other reason), arising in connection with your use of the Site, the Services, the Products, the Content, or any omissions from the Content.

d) In connection with any Non-excludable Condition, the Patog Pty Ltd Site is offered on an “as is” and “as available” basis, and without any express or implied warranties or conditions. In accordance with the extent allowed by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

e) In line with the extent permitted by law, neither Patog Pty Ltd, its related entities, nor any of their Employees make any representation or warranty:

• Regarding the accuracy, legality, suitability, or reliability of the information contained within the Content.
• That the Services will be free from interruption, delays, errors, or omissions.

16. External Website Links

a) The Site may include hyperlinks to websites operated by third parties, but we do not guarantee the accuracy of information on those third-party websites.

b) We bear no responsibility for any content found on linked third-party websites. These links should not be construed as our endorsement of those linked websites or the information they provide.

c) Accessing third-party websites is at your own risk and is subject to the respective terms and conditions of those sites.

17. Indemnity

You hereby agree to indemnify, defend, and hold harmless Patog Pty Ltd, its officers, directors, employees, agents, licensors, and suppliers (referred to collectively as the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from:

• Your violation of these Terms of Use.
• Your violation of any law or the rights of a third party.
• Any activities associated with your account (including negligent or wrongful conduct) by you or any other individual accessing the Site through your account.
• Any legal proceedings or claims made against the Service Providers by a third party, which arise directly or indirectly from your breach of these Terms of Use.

18. Termination of the Agreement

a) Should you wish to terminate these Terms, you have the option to do so by:

• Notifying Patog Pty Ltd at any point; and
• Closing your accounts related to all Purchase Services you utilize, provided that such an option has been made available to you by Patog Pty Ltd.

b) To provide notice of termination, please submit a written communication to Patog Pty Ltd through the designated ‘Contact Us’ link on our homepage.

c) Patog Pty Ltd retains the right to terminate these Terms with you under the following circumstances:

• If you breach or intend to breach any provision of these terms;
• If mandated by applicable law;
• If Patog Pty Ltd’s partner, through whom Purchase Services were offered, terminates their association with Patog Pty Ltd or discontinues providing the Purchase Services to you;
• If Patog Pty Ltd transitions to cease providing Purchase Services to users in your country of residence or the country from which you access the service;
• If, in the judgment of Patog Pty Ltd, the provision of Purchase Services to you is no longer commercially feasible.

d) In line with applicable local laws, Patog Pty Ltd reserves the right to halt or terminate your membership on the Website at any time. Furthermore, Patog Pty Ltd may, at its sole discretion, suspend or deny