Terms of Service

Terms of Service

Please read in full.

Terms of Service

These terms and conditions form the contract between you and Easy Protect: www.easyprotect.com.au and/or itchoff www.itchoff.com.au (“us”, “we”, etc.). Both business names will now be referred to only as Easy Protect. By visiting or using Our Websites and Services, you agree to be bound by them. Please read this agreement carefully and save it. If you disagree with any term of service or privacy policy term, please leave Our Website immediately.

 * If you are reading these terms, we'd love to give you a short version. Please note this short version does not change any terms of service on this page, but they are more human.

Easy Protect delivers Nexgard Spectra to homes all over Australia - importantly, unlike some other deliveries, we worked with the APVMA and have all required approvals for the utmost safety. Our customers are generally people who already treat their dogs with Nexgard Spectra. By agreeing, you are agreeing that the product(s), be it Nexgard Spectra or any other treatments we sell are safe for your dog. 

If your dog has not Nexgard Spectra before, please consult your local Veterinarian and try the treatment with your Vet first - we take no legal or financial responsibility if your dog(s) react or have an adverse reaction to Nexgard Spectra or any other treatment provided on Our Website. Like human medicine and preventions, every treatment can have reactions. So just order Easy Protect and treat it under your Vet's supervision - Easy Protect is monthly so you don't need to buy an expensive six-pack to try it out. Please get your Vet's approval if your dog has not had Nexgard Spectra before.

Aside from that, we know you'll love Easy Protect - it's so much easier!

Now to the terms our lawyers wrote, which cover everything in fine detail. Thanks for being human - and remember to only use Easy Protect if your dog has had Nexgard Spectra before, and your Vet has approved it. Thank you :)

1. Definitions

In this agreement: “Carrier” means any person or business contracted by us to carry Pet Products from us to you. “Content” means any content in any form published on Our Website by us or any third party with our consent. “Pet Products” means any of the pet medicines and or other products for cats and dogs we offer for sale on Our Website, or, if the context requires, products we sell to you. “Our Website” means any website of ours, including social media pages, any other media, software and all web pages controlled by us."Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

2. Interpretation

In this agreement, unless the context otherwise requires:

a. A reference to a person refers to one or more individuals, whether or not formally in a partnership, corporation, government body, or other association or organisation.

b. These terms and conditions apply to all supplies of Pet Products by us to any customer. They prevail over any terms proposed by you.

c. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

d. Except where stated otherwise, any person's obligation arising from this agreement may be performed by any other person.

e. In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed due to a merger, division, reconstruction or other re-organisation involving that party.

f. The headings to the paragraphs do not affect the interpretation.

g. Any reference to a regulation or act includes new law of substantially the same intent as that regulation or act.

h. In any indemnity, a reference to expenses shall be construed as including the costs of the indemnified party's management time, such expenditure is calculated at $149 per hour.

i. These terms apply in any event to you as a buyer, or prospective buyer of our Pet Products and so far as the context allows, to you as a visitor to Our Website.

j. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language. In that case, the English language version shall prevail.

3. Our contract with you

a. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between them.

b. Each party acknowledges that he does not rely on any representation, warranty, information or document or other terms not forming part of this agreement in entering into this agreement.

c. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

d. Because we rely on our suppliers, we do not guarantee that Pet Products advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Pet Products.

e. We may change the price of Pet Products at any time. We will never change a price to affect the price charged to you at the time when you buy those Pet Products.

f. If in future, you buy Pet Products from us under any arrangement which does not involve your payment via Our Website, these terms will still apply to the extent that they can be applied.

g. We do not provide medical advice or sell any cure or treatment for parasite related infestations or diseases and in no way guarantee that the Pet Products we sell will protect your pet in any way or form. You agree to consult with your local Veterinarian who can discuss yours and your pet’s individual needs before purchasing or treating your pets with an Easy Protect Pet Product.

h. We only sell Pet Products in Australia. We will refuse to deliver the Pet Products to any country except Australia.

4. Acceptance of your order

a. Your order is an offer to buy Pet Products from us, nothing that we say or do will amount to acceptance of that offer until we dispatch the Pet Products to you. At any point up until then, we may elect to decline to supply the Pet Products to you without giving any reason.

b. If we do not have all of the Pet Products you order in stock, we will offer you alternatives. If this happens, you may:

i. Accept the alternatives we offer;

ii. Cancel all or part of your order.

5. Price and payment

a. The price payable for the Pet Products that you order is set out on Our Website, and the price is as set out in the order.

b. The cost can increase or decrease from the price posted on Our Website at the time of purchase. If that happens, we will not send the Pet Products until you have confirmed that you want to buy at the new price.

c. All prices include Australian goods and services tax “GST”. If you show us by your delivery address that you live outside Australia, we will not deliver the Pet Products and refund you the appropriate fees GST will be deducted at the point of payment.

d. If the item you order from Our Website is available in parts, you must pay us the order's full price before we send any individual part of it.

e. If we owe you money for any reason, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

6. Fair usage of discounts and promotions

The first-month automatic discount, and/or any other discounts offered are intended for new customers as an incentive to experience our service. Any discount offered is a one-time offer available per individual, email address or household. To maintain fairness and prevent abuse of this offer, we reserve the right to monitor and restrict the use of the first-month discount or coupon codes in cases where we suspect misuse or exploitation.

This includes but is not limited to:
a. Multiple accounts created by the same individual, email address or household to redeem the first-month discount or any other discount offer repeatedly.

b. Any other activity deemed fraudulent or violating our terms of service.

We may, at our discretion, withhold or revoke the first-month discount or any other discounts, terminate accounts, or take other necessary actions if we determine that the offer has been misused or if fraudulent activity is suspected. By availing of the first-month discount, customers agree to adhere to these fair usage terms and accept that our decision regarding the application of these terms is final. We reserve the right to modify, suspend, or terminate this offer at any time without prior notice, and such changes will be effective immediately upon posting on our website or other communication channels.

7. Security of your credit card

We take care to make Our Website safe for you to use.

a. Card payments are not processed through pages controlled by us. We use one or more online payment service providers such as Stripe. The payment service provider will encrypt your card or bank account details in a secure environment.

b. If you have asked us to remember your credit card details for your next purchase or subscription, we may choose to store your payment details on our systems securely. These details will be encrypted and only used to process your automatic subscription payments or other transactions you initiate.

8. Delivery 

a. Pet Products are delivered within 30 days from the day you place an order to purchase the Pet Products.

b. The Carrier will make all deliveries to the address provided in your order. You must make sure that someone is present to accept the delivery.

c. If we cannot deliver your Pet Products within 30 days of your order or reorder date, we shall notify you by email to arrange another date for delivery.

d. We may deliver the Pet Products in instalments if they are not all available at the same time for delivery.

e. All Pet Products must be received by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted, the Pet Products may be left at your provided premises or retained by the driver. When your Pet Products arrive, you must check the condition and quantity immediately. If your Pet Products have been damaged in transit, you must contact us immediately to arrange a replacement order.

f. Signing "Unchecked", "Not Checked" or similar is not acceptable.

g. Pet Products are sent by post. We will send you a message by email to inform you when we have dispatched your order.

h. If we agree with you to deliver on a particular day or at a specific time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

i. Some Pet Products may be delivered directly from the manufacturer or a partner of Easy Protect if required.

j. Time for delivery specified on order, if any, is an estimate only and time shall not be of the essence.

9. Pet Products returned

These provisions apply if you need to return any Pet Products to us for any reason:

a. We do not accept returns where the Pet Products have been opened, used or otherwise consumed unless we have agreed in writing that you may return them.

b. Before you return the Pet Products to us, please carefully re-read the instructions and check that you have packed the Pet Products safety and directed to the right address. 

c. The Pet Products must be returned to us not later than 15 days from written confirmation that the Pet Products can be returned.

d. So far as possible, Pet Products should be returned:

i. With both Pet Products and all packaging as far as possible in their original condition;

ii. To our PO Box address; PO Box 3069, Darra, QLD, 4076

iii. Securely packaged as received;

iv. At your risks and costs.

e. You must tell us by email message to team@Easy Protect.com.au that you would like to return Pet Products, specifying precisely what Pet Products and when purchased and giving full details of the defect or other reason for return. We will then reply with a confirmation. If you send Pet Products to us without confirmation, we may not be able to identify sufficient details to enable us to attend to your complaint, return or refund. 

10. Disclaimers 

a. The law varies from one country to another. This agreement applies so far as the Australian law allows.

b. All conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement.

c. The content of Easy Protect Website is for information only, nor advice or guarantee of outcome. Easy Protect Pty Ltd gives no warranty or assurance if you use the information or resources to self diagnose or self treat in case of acute health-related condition of the pet.

d. We may make improvements or changes to Our Website, the Content, or any of the Pet Products, at any time and without prior notice.

e. You are advised that Content may include technical inaccuracies or typographical errors; this is inevitable on any website. We are grateful if you bring to our attention, any errors that you find.

f. We give no warranty or make no representation, express or implied, as to:

i. The quality of the Pet Products;

ii. Any implied warranty or condition as to merchantability or fitness of the Pet Products for a particular purpose;

iii. The correspondence of the Pet Products with any description;

iv. The adequacy or appropriateness of the Pet Products for your purpose;

v. The truth of the Content on Our Website;

vi. Non-infringement of any right.

g. We are not liable under any circumstances for indirect, special or consequential damages or loss whatsoever that result from loss of use, loss of data, loss of profits, whether in an action of negligence, contract or otherwise, arising out of or in connection with your use of Our Website or the purchase of Pet Products.

h. Our liability under this contract is limited to the extent permitted by law, to the value of the Pet Products you have purchased.

11. Your account with us

a. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Pet Products.

b. If you use Our Website, you are responsible for maintaining your account and password's confidentiality and preventing any unauthorised person from using your account.

c. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

12. Restrictions on the use of Our Website 

You agree that you will not use or allow anyone else to use Our Website to:

a. Be malicious or defamatory;

b. Consist of commercial audio, video or music files;

c. Be illegal, obscene, offensive, threatening or violent;

d. Be sexually explicit or pornographic;

e. Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

f. Give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

g. Solicit passwords or personal information from anyone;

h. Be used to sell any goods or services or for any other commercial use;

i. Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

j. Link to any of the material specified above, in this paragraph;

k. Send age-inappropriate communications or Content to anyone under the age of 18.

13. Your Posting: restricted content

We may refuse or edit or remove a Posting which does not comply with these terms in connection with the restrictions set out below.In addition to the restrictions set out above, a Posting must not contain:Hyperlinks, other than those specifically authorised by us;Keywords or words repeated, which are irrelevant to the Content Posted;The name, logo or trademark of any organisation other than yours;Inaccurate, false, or misleading information.

14. How we handle your Content

a. Our privacy policy complies fully with current privacy law which is published and linked in our website footer menu, found here:

b. If you Post Content to Our Website, it will be available in the public domain. We have no control over who sees it, or what is done with it.

c. Even if your text is behind a user log in or portal, it remains effective in the public domain as someone has only to register and log in to gain access it. You should avoid posting unnecessary or confidential information.

d. We need the freedom to be able to publicise our Services and your use of them. You therefore now irrevocably grant us the licence and right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains or any medium. You represent and warrant that you are authorised to grant all such rights.

e. We will use that licence only for commercial purposes of our website's business and will stop using it after a commercially reasonable time period.

f. You agree to any act or omission that may otherwise infringe your right to be identified as the author and your right to object to your work's derogatory treatment as provided in the Copyright Act 1968.

g. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be critical.

h. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it, and we will not protect your rights for you.

i. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur due to any Content having been Posted by you.

j. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

k. Please notify us of any security breach or unauthorised use of your account.

15. Removal of offensive Content

a. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website.

b. We are under no obligation to monitor or record any customer's activity for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

c. If you are offended by any Content, your claim or complaint must be submitted to us by post or email. After we receive notice of a claim or complaint, we shall investigate so far as we alone decide and may reinstate the Content about which you have complained or not.

d. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

e. You now agree that if you make any complaint, you will repay us the cost of our investigation, including legal fees, if any.

16. Security of Our Website

If you violate Our Website, we may take legal action against you. You now agree that you will not, and will not allow any other person to:

a. Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

b. Link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

c. Download any part of Our Website, without our explicit written consent;

d. Collect or use any product listings, descriptions, or prices;

e. Collect or use any information obtained from or about Our Website or the Content except as indicated by this agreement;

f. Aggregate, copy or duplicate in any manner the Content or information available on Our Website, other than as permitted by this agreement or as necessary for your use of Our Website;

g. Share with a third party any login details to Our Website.

h. Despite the above terms, we now grant a licence to you to create a hyperlink to Our Website to promote a positive interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

17. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

a. Your failure to comply with the law of any country;

b. Your breach of this agreement;

c. Any act, neglect or default by any agent, employee, licensee or customer of yours;

d. A contractual claim arising from your use of the Pet Products, including delivery dates;

e. Any adverse medical reactions or loss that your pet may experience from the use of the Pet Products;

f. A breach of the intellectual property rights of any person.

18. Intellectual Property 

a. We will defend the intellectual property rights in connection with our Pet Products and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in the text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

b. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

c. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

d. Subject to the other terms of this agreement, you may download or copy Content only for your personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

19. Miscellaneous matters

a. We are: Easy Protect Pty Ltd is a company registered in Australia ACN: 646908205. When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

b. Where we provide products or services without specific charge to you, it (or they) is deemed to be provided free of charge, and not to be associated with any other Pet Products for which a payment is made. Accordingly, there is neither contractual nor other obligation upon us regarding those products or that service.

c. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

d. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

e. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

f. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by email. It shall be deemed to have been delivered:i. If delivered by hand: on the day of delivery;

ii. If sent by post to the correct address;

iii. If sent by email to the address from which the receiving party has last sent email.

g. In the event of a dispute between the parties to this agreement, then they agree to settle the dispute by engaging in good faith with the other party in the process of mediation before commencing any arbitration or litigation.

h. So far as the law permits, and unless otherwise stated, this agreement does not provide any rights to any third party.

i. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any dispute between a party and its employees.

j. If any conflict between any term of this agreement and the constitution of a limited company, or any similar document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

k. This agreement is governed by the laws of the State of Queensland Australia. You agree that any dispute arising from it shall be litigated only in Queensland Australia.