Terms & Conditions

Eureka Pet Co Pty Ltd (www.eurekapet.co)

Thank you for visiting our website. This website is owned and operated by Eureka Pet Co Pty Ltd (ABN 36652210243). By accessing and/or using this website and related services, you agree to these Terms and Conditions. Persons accessing this website should review all Terms carefully and immediately cease using our website if you do not agree to these Terms. Throughout these Terms, ‘us’, ‘we’ and ‘our’ means Eureka Pet Co.

Account Creation

By completing a purchase with us you become a registered account holder. When you complete a purchase with us, you will provide us with personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy terms below. When you create an account with us, you will select an access email address and a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account on our website, you must be:

at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and agree and warrant to use the website in accordance with these Terms. By visiting our website or communicating with us via email, you consent to receiving electronic communication from us. All subscribers also consent to our communication via SMS text messages, for us to better serve your subscription.

Subscription

A subscription to Eureka air dried dog food can only be purchased on our website www.eurekapet.co

We offer different subscription packages on our website, with tailored food amounts, pricing and shipping schedules. We have the right to change prices and subscription packages at any time. Our subscription packages are our recommendations for your pet, based on the pet information you provided. Your subscription is your personal subscription and not transferable, and cannot be re-sold. Once your subscription is placed, you will receive electronic confirmation from us surrounding it, including shipping updates, billing updates, and all necessary forms of communication for us to best serve your subscription.

You must pay for your subscription with either a credit or debit card (MasterCard, Visa or AMEX). We may change the accepted payment methods at any time.

You acknowledge that your subscription includes ongoing payment, which can be paused or cancelled at anytime from your account login, or by contacting our Customer Support team via hello@eurekapet.co. Your credit card will be charged after your cancellation deadline and before your package is prepared and shipped to you, with the exception of the first delivery, in which case you are charged as of the moment of purchase. If you cancel your membership, you will not be eligible for a pro-rated refund based on the unused days of your subscription.

[IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.]

Promotions & Competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Collection Notice

We collect personal information about you in order to process your registration, provide you with our subscription service and for purposes otherwise set out in these terms. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our subscription service to you. We may also disclose your personal information to recipients that are located outside of Australia, including to cloud providers, website hosting companies and website developer companies located worldwide. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in these Terms.

Accuracy, Completeness and Timeliness of Information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Linked Sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual Property

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

No Commercial Use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Unacceptable Activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals; using this website to defame or libel us, our employees or other individuals; uploading files that contain viruses that may cause damage to our property or the property of other individuals; posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Warranties & Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Governing Law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Free Treats for Life

Promotion Period: Eureka Pet Co Pty Ltd (“Eureka”) Free Treats for Life with Purchase Plus $30 Off Your First Box promotion (“Promotion”) starts on 24 August 2023 Australian Eastern Standard Time and ends at any time to be announced by Eureka (“Promotion Period”).

Eligibility: The Promotion is available only to legal residents of Australia, 18 years of age or older. Limited to one subscription per household. Void where prohibited or restricted by law. This Promotion is subject to all applicable Australian federal, state, and local laws and regulations.

Purchase Required: This Promotion is valid only with the purchase of a subscription at the price listed on the Eureka website for any Eureka air-dried food product available during the Promotion Period; members must continuously maintain and pay for their subscription to continue to receive the free treat. Not applicable to prior sales; not valid with other offers.

Free Treats for Life of Active Subscription: Eligible persons who meet the purchase requirement will receive one bag of treats (approximately $15.95 retail value; random flavour – may contain allergens) at no cost in each subscription order delivered during the life of your active subscription term. You must continuously maintain your paid subscription to continue to receive the free treats. Subscriptions renew automatically but can be cancelled anytime. If you cancel your subscription, you will no longer receive the free treats, even if you later renew your subscription after cancellation. The Promotion is not transferable to another dog, person, household, or subscription. No substitutions, except as determined by Eureka. The treats are random flavours and you cannot change the flavours of your treats.

No Substitution. Free Treats May Contain Allergens: The treats may contain allergens and Eureka cannot change treat flavours to account for allergens. Eureka cannot guarantee that the free treats are safe to consume for dogs with specific allergies. Members concerned about food allergies need to be aware of the risk. Eureka is not liable for any adverse reactions to treats or items that come into contact with treats.

General: Treats are not for resale. Eureka reserves the right to cancel this Promotion at any time in its sole discretion and substitute another promotion in its place.