Terms & Conditions

The talktotheanimals.com.au Website (Website) is licensed to and operated by WTFN Entertainment Pty Ltd ABN 84 096 259 808 (WTFN). By using the Website, you agree to be bound and abide by the information pertaining to and outlined with the particulars stated below:

Accuracy of Information

WTFN endeavours to ensure that information appearing on the Website is correct at the time of collation; however, no representation is made as to the completeness or accuracy of the information it contains. WTFN makes no representations as to the suitability of the content or information on this Website for any purpose.

WTFN accepts no responsibility for any mistakes, mis-descriptions or inaccuracies, whether by inclusion or omission and whether negligent or otherwise, or if information may have become out of date.

If WTFN has published information that is incorrect, please kindly advise of such so that the information may be corrected, by using our 'contact us' details.

Limitation of Liability

WTFN does not warrant that the Website will be provided on an uninterrupted basis, that your access to the Website will be error-free or that the content or information will be free of any viruses or defects that may damage your computer. In addition, WTFN shall not be responsible for the propagation of computer worms, viruses or other harmful components transmitted from this site and other third-party sites. You understand and agree that you must take your own precautions as to virus checking and security of your computer and/or network.

WTFN will not be liable for any losses, claims or damages whatsoever including special, indirect or consequential damages, loss of revenue or loss of data as a result of the use of the Website.

WTFN reserves the right to add, modify or delete any information on the Website at any time and any references to products or services are provided 'as is' without any warranty or implied term or condition of any kind.

All other warranties, whether express or implied (including, without limitation implied warranties as to merchantability and fitness) in relation to the Website are expressly excluded, except where prohibited by legislation.

Copyright

All information, text, material, graphics, software and advertisements on the Website (the Content) are copyright of WTFN and/or its licensors or related bodies corporate unless expressly indicated otherwise on the Website/s and is protected by copyright law.

The Content may not be modified, copied, reproduced, republished, framed, uploaded to a third party, posted, transmitted; distributed or commercially exploited in any way except as set out below:
You may retrieve the Content for personal, non-commercial purposes only. You may email Content to another person, provided it is for non-commercial informative purposes only and includes this copyright notice.

You may save a local, temporary copy of material or send it to your printer for your own personal, non-commercial use or in order to inform potential users about Content.

Other names and logos displayed on the network may be trademarks of third parties and may only be used with their permission.

Third Party Sites

The Website contains links to other third party websites. These sites are not owned or controlled by WTFN and as such it makes no representations, warranties or endorsements of such websites. Accessing linked sites is entirely at your own risk.

Talk To The Animals Promotion

1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. Entry is only open to Australian residents. Employees (and their immediate families) of the WTFN Entertainment Pty Ltd (Promoter) and agencies associated with this promotion are ineligible to enter. An entrant must be an individual and not a company or organization.

3. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

4. To enter, individuals must, during the promotional period visit www.talktotheanimals.com.au, follow the prompts to the competition entry page, input the requested details including an answer to the question “Why your pet should become a TV star?" In 25 words or less, and submit the fully completed entry form.

5. Incomplete, indecipherable, or illegible entries will be deemed invalid.

6. Multiple entries are permitted, subject to the following: (a) maximum of 5 entries permitted per person per day; (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements.

7. Promotion commences on 17/08/08. Entries close 11:59pm AEST on 27/09/08. Any entry received after that date and time will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries. Winners will be notified by telephone and email. This is a game of skill and chance plays no part in determining the winner(s). Each entry will be individually judged based on literary and creative merit and originality of the answer provided to the question. The Promoter’s decision is final and no correspondence will be entered into.

8. The best valid entry, as determined by the judges, will win a Philips Flat Screen TV (model No. 32PFL5403D/79) valued at $1,299.95 and a Philips Home Theatre System (model No. HTS3265/75) valued $319.95. Total prize valued at $1,619.90. The winner’s pet will also have the chance to be featured on the television show “Talk to the Animals” within a twelve (12) month time period from the date of first contact of the winner by the Promoter.

9. The next best 20 valid entries as determined by the judges will each win a soft toy to the value of $29.95.

10. If the winner of the major prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian.

11. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.

12. Total prize pool value is $2218.00. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. In the event that the prize becomes unavailable due to circumstances beyond the Promoter's control, the Promoter reserves the right to provide a similar product to the same or greater value as the original prize, subject to any applicable laws or written directions made under applicable legislation.

13. All entries submitted become the property of the Promoter. Entries will not be returned to any entrant. As a condition of entering into this promotion, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Each entrant warrants to the Promoter that each entry submitted is an original literary work of the entrant that does not infringe the rights of any third party. The entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of this warranty. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).

14. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

15. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

16. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

17. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. All entries become the property of the Promoter.

18. The Promoter is WTFN Entertainment Pty Ltd of 210 Riversdale Road, Hawthorn, Victoria, Australia, 3122.

Online Purchasing Terms and Conditions

1. About these terms and conditions
1.1 You should read the terms and conditions set out below before purchasing goods using this website.

1.2 These terms and conditions apply to the purchase of products over this website. In using this website for this purpose, you agree to be bound by these terms and conditions. If you do not understand or accept these terms and conditions, you must refrain from purchasing products using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website, including the Legal Disclaimer, Privacy Policy, and Copyright Notice.

1.3 In these terms and conditions, the expressions we, us and our are a reference to WTFN Entertainment Pty Ltd ABN 84 096 259 808, the website owner. The expressions you, customer, purchaser, buyer refer to those who elect to purchase from this website.

2. Ordering procedure
2.1 You may offer to purchase products described in this website for the price specified on this website. The creation and submission of an order via this website constitutes an offer to us by the creator of the order to purchase the goods in accordance with these terms and conditions.

2.2 Your order must contain your name, postal address, phone number, e-mail address, credit card details and any other ordering information specified on this website.

2.3 Confirmation of your order will be sent to your specified e-mail address once your payment has been cleared. Acceptance of an order for sale will not be considered effected until such time that we have verified that the order is bona fide. Acceptance of your order will be considered effected only when you receive communication from us informing you your order has been shipped. For overseas orders, our confirmation will also contain details of the shipping costs that are applicable. If you have any questions regarding shipping, please contact us before you place your order.

2.4 You may not cancel an order once it has been submitted, even if our confirmation e-mail is still pending.

2.5 The goods are offered for sale only to persons who can make legally binding contracts.

2.6 We reserve the right to deny the sale of goods for any reason. If we are unable to accept your order we will notify you, and if payment has been remitted to us we will refund you in accordance with our policies and the Fair Trading Act 1999 (Vic). The advertising of goods by us on this website does not constitute an offer to sell the goods, it merely constitutes an invitation to treat. We are not legally bound to supply the goods advertised on this site until a contract has been entered into between us and you, the buyer. Such a contract will only be entered into when we have accepted your offer to buy. We reserve the right to withdraw goods from sale at any time.

3. Payment and price
3.1 Payment must be effected by credit card using the ordering facility on this website.

3.2 Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.

4. Cancellation due to error OR unavailability
4.1 You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods.

4.2 If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

5. Delivery
5.1 We will endeavour to supply the products ordered within a reasonable period of time. If an estimated time of arrival (ETA) is shown in the product listings, it is simply an estimation as to the time your order will arrive. We use 3rd party services to deliver products to purchasers, and hence are not responsible for delivery times. By ordering from this website you impliedly accept that your order may arrive at a reasonable time before or after the ETA. We use 3rd party services to deliver products to purchasers, and hence we are not responsible for goods damaged or lost in transit. We will endeavour to recover goods, or monies equivalent to the value of said goods, which have been lost or damaged by 3rd party services. However, we make no guarantee that goods or monies can be recovered in such cases. In such cases, customers will only be refunded at our discretion. In accordance with the applicable legislation, we reserve the right to supply goods which may differ trivially to those advertised. Such trivial differences may include, but are not limited to: trivial variation in colour or pattern; trivial variation in size; any other trivial variation which does not affect the fitness for purpose or merchantability of the product.

5.2 Risk of loss or damage to the goods passes to you upon dispatch.

5.3 Costs of shipping for any international orders outside of Australia shall be borne by you. Please contact us to for details of the applicable shipping costs for international orders prior to placing your order. By placing your order, you agree to bear all shipping costs which are applicable for any order to be shipped outside of Australia.

6. Refunds
6.1 No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an order.

6.2 A product is considered defective if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging. We will provisionally determine whether the product is defective. Where a product is provisionally determined as defective we will arrange to replace the product. Where we have provisionally determined that a product is defective, return shipping will be arranged at our expense.

6.3 Refunds will only be offered where a replacement product can not be provided.

6.4 If the product is deemed by us NOT to be defective, we may in our absolute discretion refuse to replace the product or offer you a refund for the product.

6.5 Some products are supported exclusively by the manufacturer, Driza–Bone Pty Ltd. For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms.

7. Security
7.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk.

7.2 Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

8. Privacy
We undertake to comply with the terms of our Privacy Policy in relation to the collection and use of your personal information.

9. Disclaimer, Indemnity and limitation of liability
9.1 To the extent permitted by law, we exclude all liability arising from or relating to your use of this website including the online purchase of products as set out in our Legal Disclaimer.

9.2 We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

9.3 You indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions.

9.4 Details contained on this website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

10. Changes to these terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

11. Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

12. Governing law
These terms and conditions are governed by the laws in force in Victoria. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

13. General
13.1 We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

13.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.

13.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.