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Effective Date: 8 Apr 2025
These Advertising Terms and Conditions (“Terms”) govern all advertisements created, published and distributed by Comfy Pets – an Australian online pet shop owned and operated by Canberra Commerce Group Pty Ltd (“Comfy Pets”, “we”, “our” or “us”). By viewing, using or otherwise relying on any advertisement produced or disseminated by Comfy Pets, you agree to be bound by these Terms. If you do not agree with these Terms, please do not rely on or use the advertised information.
1. Definitions
For the purposes of these Terms:
“Advertising” refers to any promotional, marketing, informational or commercial content—including text, images, videos or interactive content—that is created, modified, distributed or displayed by Comfy Pets or on behalf of Comfy Pets.
“Advertiser” means any third party or internal business unit that creates or commissions Advertising on or for the Comfy Pets platform.
“Design Support Provider” means Canva, Inc, whose services are used to help design and create Advertising materials.
“Distribution Support Providers” means Meta Platforms, Inc and GoTransit Media Group Pty Limited, whose services facilitate the distribution and placement of Advertising.
“Third-Party Service Providers” include any external companies (including, without limitation, Meta Platforms, Inc) that may collect, process or manage customer data in connection with the Advertising services.
“Customer Data” means any information relating to the consumer’s interaction with our Advertising, which may include demographic details, browsing behaviour and other personal information as collected or processed by our Third-Party Service Providers.
2. Scope and Interpretation
2.1. Scope:
These Terms apply to all Advertising created by or on behalf of Comfy Pets and cover all aspects of design, content, interpretation and distribution. The advertisements shall be deemed to be provided on an “as interpreted” basis in accordance with Comfy Pets’ policies and guidelines.
2.2. Interpretation:
Any reference in these Terms to “Advertising” includes any advertisement or promotional content as published on the Comfy Pets website, social media, email campaigns or any other channels operated or managed by Comfy Pets or its authorised partners.
3. Advertising Content and Approval
3.1. Content Creation and Approval:
All Advertising created by Comfy Pets is subject to our internal review processes. The content, format and style of advertisements are determined by Comfy Pets in its sole discretion based on our interpretation of brand values, target market requirements and applicable industry guidelines.
Comfy Pets reserves the right to approve, reject or modify any advertisement at any stage of its production and distribution.
3.2. Third-Party Design Support:
Comfy Pets utilises the design services of Canva, Inc to develop visually compelling advertising materials. However, all designs shall be reviewed and approved by Comfy Pets, and any input from Canva, Inc is provided as a support function only.
3.3. Third-Party Distribution Support:
The distribution of Advertising is supported by Meta Platforms, Inc and GoTransit Media Group Pty Limited. Comfy Pets does not assume liability for the processes, methodologies or results produced by these third parties, except where legally mandated.
Advertisers and end-users acknowledge that the distribution and placement of advertisements are subject to the technical and procedural conditions of these distribution platforms.
4. Use of Customer Data
4.1. Data Collection and Handling:
In connection with the dissemination and performance measurement of Advertising, customer data may be collected, processed and stored by Third-Party Service Providers, which include Meta Platforms, Inc. Comfy Pets is not directly responsible for the practices of these third parties.
All Customer Data will be handled in accordance with applicable privacy laws and our Privacy Policy as amended from time to time.
4.2. Consent and Data Sharing:
By engaging with Comfy Pets’ Advertising, users consent to such data collection practices. Any data provided will be used solely for the purpose of improving advertising performance, audience insights and overall customer experience.
5. Intellectual Property Rights
5.1. Ownership:
All intellectual property rights in the Advertising content, including designs, layouts and creative elements developed by or on behalf of Comfy Pets, are owned by Comfy Pets or its licensors.
5.2. Usage Restrictions:
No party may reproduce, distribute or use the Advertising content without the prior written consent of Comfy Pets, except for internal or personal uses as expressly permitted.
6. Disclaimers and Limitation of Liability
6.1. No Warranty:
All Advertising is provided “as is” and “as available”. Comfy Pets makes no warranties, express or implied, regarding the accuracy, completeness or reliability of any Advertising. The interpretations and meanings of our advertisements are made solely in accordance with our established guidelines and are subject to our review at any time.
6.2. Limitation of Liability:
To the maximum extent permitted by law, Comfy Pets and its officers, directors, employees and agents shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or relating to the creation, publication or interpretation of our Advertising.
Comfy Pets shall not be responsible for any loss or damage arising from the actions or omissions of any Third-Party Service Providers utilised in the design or distribution of Advertising.
7. Compliance with Law and Advertising Standards
7.1. Advertising Standards:
Comfy Pets is committed to ensuring all Advertising complies with the Australian Consumer Law, relevant advertising standards and regulatory guidelines. Advertisements shall not be misleading or deceptive and must meet the ethical and legal obligations prescribed by law.
7.2. Prohibited Content:
Advertisements must not contain any content that is false, deceptive or in violation of applicable laws. This includes but is not limited to content that promotes violence, hatred, discrimination or illegal activities.
8. Modification and Termination
8.1. Modification:
Comfy Pets reserves the right to modify, suspend or terminate these Terms at any time without prior notice. Any modifications will become effective immediately upon posting the revised Terms on our website.
Continued use of our Advertising by any party after such changes constitutes acceptance of the modified Terms.
8.2. Termination:
Comfy Pets may terminate its advertising activities or your access to advertising-related services at any time, for any reason, in its sole discretion.
Any provisions of these Terms that by their nature should survive termination shall remain in full force and effect.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Australian Capital Territory.
10. General Provisions
10.1. Entire Agreement:
These Terms constitute the entire agreement between Comfy Pets and any party engaging with our Advertising. They supersede all prior communications, agreements or understandings relating to the subject matter herein.
10.2. Severability:
If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.
10.3. Notices:
Any notices or communications required or permitted under these Terms shall be in writing and delivered electronically or by post to the contact details provided by Comfy Pets.
11. Contact Information
For any questions or concerns regarding these Advertising Terms and Conditions, please contact Canberra Commerce Group Pty Ltd.
