Website, Online Store & Pestrol Pat

Pestrol is a registered business name of Lifestyle Logic Pty Limited ACN 102 450 493, ABN 77 102 450 493 (Pestrol, we, us, our).

These Terms govern access to and use of pestrol.com.au (Website), purchases made through the Website and, where applicable, use of Pestrol Pat.

Before you complete checkout, the Website displays a notice explaining that by placing your order you agree to Pestrol’s Terms & Conditions and Privacy Policy.

By selecting the Place Order button, submitting the order or otherwise completing checkout after that notice has been presented, you agree to these Terms.

Our Shipping Policy, Returns & Refunds Policy, Product Warranty, Privacy Policy, Product Review Policy and any promotional or product-specific terms shown or made available in connection with an order form part of these Terms where relevant.

The additional Pestrol Pat Terms appearing below apply whenever you use Pestrol Pat.

Where a specific policy or product term deals with a particular subject in greater detail, that specific provision applies to that subject.

Nothing in these Terms excludes or limits rights that cannot lawfully be excluded.

Pestrol may update these Terms from time to time by publishing a revised version on the Website with an updated revision date.

Revised Terms apply to future use of the Website and to orders placed after the revised Terms are published.

The version of these Terms published on the Website when you place an order applies to that order, subject to applicable law.

A later amendment does not retrospectively alter the terms applying to an earlier order unless:

• the change is required by law;

• the change is necessary to correct an obvious drafting error without materially reducing your existing rights; or

• you separately agree to the change.

You should review the current Terms before placing an order.

You must be at least 18 years old to purchase products from Pestrol.

You must provide accurate, complete and current information where that information is required to process an order, payment, delivery, account, return, warranty claim or other transaction.

You must not:

• impersonate another person;

• knowingly provide false or misleading information in connection with a transaction;

• use another person’s payment method without authority;

• use another person’s identity or contact information without authority;

• create or use an account for fraudulent or unlawful purposes; or

• deliberately conceal or falsify information material to a transaction, claim or refund.

You are responsible for taking reasonable steps to protect your Pestrol account credentials and email account.

Please notify Pestrol promptly if you reasonably suspect unauthorised access to your account.

Pestrol may require reasonable verification before changing account information, disclosing customer information, processing certain transactions, approving a claim or releasing an order for collection.

Pestrol takes reasonable care to ensure product descriptions, specifications, images, prices and availability information are accurate and current.

Website information may nevertheless occasionally contain an error or become outdated.

Product images are illustrative. Actual colour, packaging, labelling, branding or appearance may vary slightly because of manufacturing changes, supplier changes, packaging updates, photography or display settings, provided the product supplied remains materially consistent with its description.

Manufacturers and suppliers may update packaging or non-material product characteristics without notice.

Stock availability shown on the Website is not a guarantee that stock will remain available until the relevant product has been accepted by Pestrol under clause 6.

If Pestrol identifies a material product-description or information error before acceptance, Pestrol may correct the information, contact you and provide the corrected information, and allow you to proceed or cancel the affected product.

Nothing in this clause permits Pestrol to knowingly supply materially different goods without agreement or limits rights under applicable law.

Unless otherwise stated, prices displayed on the Australian Pestrol Website are in Australian dollars and include GST where applicable.

Delivery, Premium Dispatch and other applicable charges are displayed during checkout before you place the order.

Prices may change for future orders without notice.

Promotions, discounts, coupons, bundles, gifts, free-product offers and other promotions may be subject to separate conditions, quantity limits, eligibility criteria and expiry dates.

Unless expressly stated otherwise, promotions and discount codes cannot necessarily be combined.

Pestrol takes reasonable care to ensure prices, promotions, advertisements and product information are accurate. Genuine mistakes may nevertheless occur.

A genuine error may include:

• an incorrect product price;

• a misplaced decimal point, digit or currency value;

• an incorrect discount or promotional price;

• an incorrect coupon;

• an incorrect quantity, pack size, bundle or free-product offer;

• an incorrect delivery or Premium Dispatch charge;

• an incorrect product description, specification or image;

• a staff or data-entry error;

• a software, website, feed, integration or system error; or

• an advertising or marketing error.

Where Pestrol identifies a genuine and material error before the affected product has been accepted under clause 6, Pestrol may:

• place the affected order on hold;

• temporarily stop offering the affected product or promotion;

• correct the error;

• decline the affected product or order;

• offer you the opportunity to purchase the product on the corrected terms; or

• cancel the affected product and promptly refund any amount paid for it.

Payment processing or an automated order-received email does not by itself require Pestrol to supply a product at an erroneous price.

To the extent permitted by law, Pestrol is not required to accept an order, supply a product or honour a promotion at a price or on terms resulting from a genuine and material error.

Where more than one price is simultaneously displayed or advertised for the same product, Pestrol will deal with the pricing discrepancy in accordance with applicable Australian pricing law, including by stopping sale of the affected product while the pricing error is corrected where appropriate.

Nothing in this clause permits misleading or deceptive conduct or excludes a right that cannot lawfully be excluded.

When you place an order, you make an offer to purchase each product in that order on these Terms.

An automated order-received email, payment notification or payment authorisation confirms only that Pestrol has received the order or payment. It does not constitute acceptance by Pestrol.

Unless Pestrol expressly states otherwise, Pestrol accepts your offer for each product separately when:

• Pestrol sends confirmation that the product has been dispatched; or

• for Local Pickup, Pestrol confirms that the product is ready for collection.

Where an order is dispatched in more than one consignment, acceptance of one product does not constitute acceptance of another product that has not yet been dispatched.

Each accepted product forms a contract between you and Pestrol.

Payment authorisation, capture or processing does not by itself require Pestrol to accept an order.

If Pestrol declines all or part of an order after receiving payment, Pestrol will promptly refund the amount paid for the products not supplied and any directly attributable delivery or Premium Dispatch charge where applicable.

Pestrol may apply reasonable quantity limits, including household or trade quantity limits, where necessary because of stock availability, promotion conditions, regulatory restrictions, suspected misuse, fraud prevention, security or legitimate operational requirements.

You must use a payment method that you are authorised to use.

Payments may be processed by third-party payment providers and may be subject to their security procedures and terms.

Pestrol operates reasonable fraud-prevention, payment-verification and transaction-security procedures to protect Pestrol, customers, payment providers and other parties.

Where circumstances reasonably warrant investigation, Pestrol may hold, delay or review an order before acceptance.

Pestrol may request information reasonably necessary to verify:

• purchaser identity;

• authority to use a payment method;

• billing information;

• delivery information;

• the relationship between purchaser, payment account holder and recipient;

• unusual transaction activity; or

• another material matter relevant to verifying the transaction.

Pestrol will never require your online-banking password or PIN.

If requested verification is not supplied within a reasonable period, or Pestrol reasonably remains unable to verify a transaction, Pestrol may decline or cancel the affected order and refund payment for products not supplied.

Pestrol is not required to disclose confidential fraud-detection methods, internal security processes, risk thresholds or investigation procedures.

Before a product is accepted under clause 6, Pestrol may decline, hold, limit or cancel an order where Pestrol reasonably considers this necessary to protect Pestrol, customers, payment providers or other parties or to operate the business lawfully and securely.

Reasons may include:

• suspected fraud or attempted fraud;

• unauthorised payment use;

• identity, billing or delivery inconsistencies;

• inability to verify a transaction;

• unusual purchasing activity;

• suspected refund, chargeback or promotional abuse;

• excessive quantities;

• stock unavailability;

• genuine pricing, advertising, product-description or technical errors;

• a product recall or withdrawal;

• legal, regulatory or safety restrictions;

• suspected unlawful conduct;

• a material security risk; or

• another legitimate legal, security, safety or operational concern.

This list is not exhaustive.

After a product has been accepted, Pestrol may cancel or suspend supply only where permitted by law or these Terms, including where payment is reversed as unauthorised, the product is recalled, continuing supply would be unlawful or unsafe, or another lawful basis exists.

Where Pestrol cancels products that will not be supplied, Pestrol will refund amounts paid for those products.

Nothing in this clause permits Pestrol to avoid an obligation that cannot lawfully be excluded.

Pestrol reserves all rights available to it where Pestrol reasonably believes a customer or another person has engaged in fraud, attempted fraud, theft, payment fraud, identity misuse, product substitution, falsification of evidence, deliberate damage or another unlawful scheme involving Pestrol.

Subject to applicable law, Pestrol may:

• preserve relevant records and evidence;

• investigate transaction and account information;

• verify payment, delivery and product-identification information;

• suspend or restrict associated accounts;

• decline future transactions;

• contest chargebacks or payment disputes;

• seek return of property or money obtained through fraudulent conduct;

• recover legally recoverable losses and reasonable costs; and

• provide relevant information to banks, card issuers, payment providers, marketplaces, couriers, insurers, professional advisers, regulators or law-enforcement authorities.

Pestrol is not required to disclose confidential fraud-detection methods or security procedures.

Nothing in this clause permits Pestrol to refuse a genuine statutory consumer remedy.

Before you place an order, Pestrol’s checkout displays a notice stating that by placing the order you agree to receive occasional marketing emails from Pestrol and that you can unsubscribe at any time.

By selecting Place Order or otherwise completing checkout after that notice has been displayed, you agree to receive the email marketing described in that notice, subject to applicable law.

Pestrol sends marketing emails on an occasional basis rather than as part of the transactional communications required to fulfil your order.

Marketing may include information about:

• Pestrol products;

• promotions and offers;

• new products;

• product information; and

• pest, home and garden content.

Pestrol may use your contact details, purchase history and product interests to help make those communications more relevant, as further described in our Privacy Policy.

This consent relates to email marketing only.

Pestrol does not treat the checkout notice as consent to SMS marketing.

Pestrol does not sell customer personal information to third parties for those third parties’ own marketing.

Every Pestrol marketing email will provide an unsubscribe facility.

You may unsubscribe at any time, and Pestrol will process unsubscribe requests within the period required by applicable law.

Unsubscribing from marketing does not prevent Pestrol from sending transactional, delivery, account, payment, security, product-safety, recall, returns, warranty or other service communications reasonably necessary in connection with an existing transaction or legal obligation.

By placing an order or creating an account, you agree that Pestrol may communicate with you electronically where reasonably necessary in connection with your order, account or dealings with Pestrol.

These communications may include:

• order confirmations;

• invoices;

• dispatch and tracking information;

• payment or verification requests;

• account notifications;

• customer-service correspondence;

• returns or warranty communications;

• product-safety or recall notices; and

• other communications reasonably necessary to administer an existing transaction.

You are responsible for providing contact details that enable Pestrol to communicate with you about your order.

Marketing communications are dealt with separately in clause 10.

All Pestrol orders are dispatched from our warehouse at 86 Biloela Street, Villawood NSW 2163.

Pestrol’s current delivery methods, delivery charges, estimated dispatch times, Premium Dispatch terms, Authority to Leave arrangements and international-shipping information are set out in our Shipping Policy.

Dispatch and delivery timeframes are estimates unless expressly stated otherwise.

You are responsible for checking that the recipient name, delivery address, postcode, telephone number and other delivery information supplied with an order are complete and correct.

Where incorrect or incomplete information supplied by you causes a parcel to be delayed, redirected, returned to Pestrol or re-delivered, you are responsible for reasonable additional freight, return-to-sender, redelivery and handling costs actually incurred as a result.

Pestrol is not responsible for loss caused solely by incorrect delivery information supplied by you, except to the extent Pestrol or its delivery provider caused or contributed to that loss.

Risk of loss of or damage to goods passes to you when the goods are delivered to your nominated delivery address or collected under Local Pickup.

Where you expressly authorise Authority to Leave and the parcel is delivered in accordance with that authority, risk passes when the parcel is left at the authorised delivery location.

This does not apply where the parcel was misdelivered, the Authority to Leave instruction was not followed or Pestrol otherwise remains legally responsible.

Title to goods passes to you on the later of:

• delivery or collection of the goods; and

• Pestrol receiving cleared payment in full.

Where Local Pickup is available, you must wait until Pestrol confirms that your order is ready for collection.

Pestrol may request reasonable proof of identity, order details or authority to collect.

Where another person collects an order on your behalf, Pestrol may request information reasonably necessary to verify that you authorised the collection.

Pestrol may refuse to release an order where identity or collection authority cannot reasonably be verified.

Risk in the goods passes when the goods are collected.

Current pickup location, availability and opening hours are stated in our Shipping Policy.

International delivery is available only for products and destinations Pestrol is legally and operationally able to service.

Certain products, including some aerosols, chemicals, dangerous goods and regulated products, may not be available for international delivery.

Unless Pestrol expressly states otherwise, the recipient is responsible for customs duties, import taxes, customs-clearance charges and other charges imposed by the destination country.

You are responsible for checking local import, possession and use restrictions applicable to the destination where those restrictions are reasonably ascertainable by you.

Where an international parcel is returned because the recipient:

• refused delivery;

• failed to pay applicable import charges;

• supplied incorrect delivery information; or

• failed to satisfy an import requirement for which the recipient was responsible,

Pestrol may deduct reasonable freight, return and handling costs actually incurred from any voluntary refund, to the extent permitted by law.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to contracts formed under these Terms.

Nothing in this clause excludes mandatory consumer rights that apply to an international transaction.

Pestrol’s Returns & Refunds Policy sets out return procedures, voluntary change-of-mind arrangements, satisfaction guarantees and applicable return conditions.

A change-of-mind return is a voluntary Pestrol benefit and is subject to the conditions stated in the Returns & Refunds Policy.

Pestrol is not required to accept a voluntary change-of-mind return that does not satisfy the published conditions.

If Pestrol chooses to accept a voluntary return that does not satisfy those conditions, Pestrol may apply a reasonable deduction or restocking charge where permitted by the Returns & Refunds Policy.

Conditions applying to voluntary change-of-mind returns do not limit rights relating to faulty, unsafe, misdescribed or otherwise non-compliant goods under Australian Consumer Law.

Where goods fail to comply with a consumer guarantee, Pestrol will meet or reimburse reasonable return costs, arrange collection or otherwise deal with the return where required by law.

Receipt of a returned parcel does not by itself constitute acceptance or approval of a return, refund, credit, warranty claim or money-back-guarantee claim.

The Returns & Refunds Policy should be read together with these Terms.

Pestrol’s voluntary warranties and product-specific warranty periods are set out in our Product Warranty and, where applicable, on the relevant product page.

A voluntary Pestrol warranty provides benefits in addition to rights under Australian Consumer Law.

Nothing in a Pestrol voluntary warranty replaces, restricts or excludes statutory consumer guarantees.

Where Australian Consumer Law gives you the right to choose a particular remedy, Pestrol will not use a voluntary warranty term to remove that right.

Where Pestrol has the lawful right to select an appropriate remedy, Pestrol may assess the product and determine whether repair, replacement, replacement parts, credit or another appropriate remedy should be provided.

Replacement products, packaging, parts or components may have reasonable cosmetic, colour, packaging, design or version differences where they are functionally equivalent and any difference does not materially reduce the product’s performance or your statutory rights.

Pestrol may request reasonable proof of purchase and reasonable evidence necessary to assess a claim.

A statutory remedy is not conditional on you retaining original packaging where the law does not permit such a requirement.

Pestrol may reasonably inspect and verify the identity, model, SKU, serial number, batch number, condition, contents, accessories and other relevant characteristics of goods submitted for return, refund, warranty assessment or a money-back guarantee.

Pestrol may compare returned goods or claims against:

• order records;

• invoices;

• dispatch records;

• serial or batch information;

• photographs and videos;

• customer communications;

• previous returns or warranty claims;

• previous refunds, replacements or credits;

• payment disputes or chargebacks; and

• other information reasonably relevant to verifying the claim.

For voluntary returns, voluntary warranties and money-back guarantees, Pestrol may refuse a claim where Pestrol reasonably establishes that:

• the returned product is not the product Pestrol supplied;

• a substituted product has been returned;

• material parts or accessories required by the voluntary policy are missing;

• serial, batch or other identifying information has been deliberately or improperly altered;

• evidence has been falsified or materially manipulated;

• damage has been deliberately caused;

• material facts relating to the claim have knowingly been misrepresented;

• the claimed loss has already been remedied or compensated; or

• the claim is otherwise fraudulent.

Nothing in this clause permits Pestrol to refuse a statutory remedy to which you are legally entitled.

You must not knowingly obtain or attempt to obtain multiple refunds, replacements, credits, chargebacks, insurance payments or other compensation for the same loss.

Where a chargeback, bank dispute, payment-platform dispute, marketplace dispute, insurance claim or other compensation process is opened while Pestrol is also processing a voluntary refund, replacement or other voluntary remedy relating to the same transaction, Pestrol may pause the duplicate voluntary process while the matter is investigated.

Pestrol may provide relevant purchase, payment, delivery, communication, return and claim information to a bank, card issuer, payment provider, courier, insurer or dispute-resolution provider for the purpose of responding to the claim.

Pestrol may take into account refunds, replacements, credits or other compensation already received to prevent duplicate recovery, to the maximum extent permitted by law.

Nothing in this clause prevents you from exercising a legitimate statutory or contractual right to dispute a transaction.

Pestrol sells products that may include pesticides, insecticides, rodenticides, herbicides, fungicides, fertilisers, aerosols and other regulated, hazardous or potentially hazardous products.

You must read and follow:

• the product label;

• directions for use;

• warnings and precautions;

• Safety Data Sheets where applicable;

• official manufacturer instructions; and

• applicable laws and regulatory requirements.

Information appearing on the Website, in videos, articles, advertising, general communications or Pestrol Pat does not override an authorised product label, Safety Data Sheet or mandatory official instruction.

Where general Pestrol information conflicts with an authorised label or official instruction, the authorised label or official instruction prevails.

LICENSED AND RESTRICTED PRODUCTS

Some products may only lawfully be purchased, possessed, supplied or used by persons holding a licence, permit or other authorisation under Commonwealth, State or Territory law.

By ordering such a product, you confirm that you hold any authorisation legally required for the purchase and intended use.

Pestrol may request reasonable evidence of that authorisation before accepting or dispatching the product and may decline supply where satisfactory evidence is not provided.

You must not resell, transfer or supply a regulated product to another person contrary to applicable law.

USE, STORAGE AND DISPOSAL

You are responsible for using, storing, handling, transporting and disposing of products in accordance with applicable instructions and law.

To the maximum extent permitted by law, Pestrol is not responsible for loss, damage or injury caused solely by deliberate misuse, prohibited use, unlawful use, use contrary to mandatory product directions, incorrect storage or unauthorised modification.

Nothing in this clause excludes Pestrol’s responsibility for defective or unsafe products or another obligation that cannot lawfully be excluded.

Pestrol provides product information, articles, guides, videos and customer-support information to assist customers.

Unless expressly stated otherwise, this information is general information and is not professional, medical, veterinary, legal, engineering or other regulated professional advice.

Pestrol cannot inspect your property, pest problem, individual circumstances or intended application merely because information has been provided online, by email or by telephone.

You should obtain appropriately qualified advice where professional assessment is reasonably required.

Nothing in this clause excludes responsibility for a representation for which Pestrol is legally responsible.

Pestrol grants you a limited, non-exclusive, non-transferable and revocable right to access the Website for lawful browsing, purchasing and information purposes.

You must not:

• gain or attempt to gain unauthorised access to accounts, servers or systems;

• introduce malware, malicious software or harmful code;

• interfere with Website operation or security;

• bypass security controls, access controls or rate limits;

• use the Website for fraud, impersonation or unlawful activity;

• systematically scrape, harvest or reproduce substantial Website content for unauthorised commercial exploitation;

• use automated systems in a manner that materially interferes with the Website or other users; or

• attempt to circumvent technical measures protecting Pestrol systems or content.

This clause does not prohibit legitimate search-engine or AI indexing that Pestrol permits through its technical settings, robots directives or other authorised access.

Unless otherwise stated, Pestrol or its licensors own the intellectual property rights in the Website and its content, including text, graphics, photographs, videos, product content, logos, trade marks, branding, databases, software and Website layout.

You may use the Website for normal browsing, shopping and other purposes permitted by law.

Except where permitted by law or authorised by Pestrol, you must not reproduce, republish, sell, distribute, commercially exploit or materially modify substantial Pestrol content or use Pestrol trade marks or branding without permission.

Nothing in these Terms transfers ownership of Pestrol intellectual property to you.

If you submit a product review, photograph, video, comment, feedback or other material to Pestrol, you remain responsible for the material you submit.

You must not knowingly submit material that is:

• false or fraudulent;

• defamatory;

• unlawful;

• infringing;

• threatening or abusive;

• deliberately misleading; or

• unlawfully disclosing another person’s personal or confidential information.

Where you submit material to Pestrol for publication or promotional use, you confirm that:

• you own the material or otherwise have the rights and permissions reasonably necessary to provide it to Pestrol;

• Pestrol’s permitted use of that material will not knowingly infringe another person’s rights; and

• where an identifiable person appears in the material, you have obtained any permission reasonably required for the intended submission and publication.

By submitting material for publication or promotional use, you grant Pestrol a non-exclusive, worldwide, royalty-free licence to store, reproduce, crop, resize, format, display, communicate and use that material in connection with Pestrol and its products or services, subject to applicable law.

This licence does not automatically apply to photographs, videos or documents supplied privately to Pestrol solely for customer service, return, warranty, complaint or product-assessment purposes.

Product reviews are also governed by our Product Review Policy.

Customer reviews represent the views and experiences of individual reviewers.

Publication of a review does not mean Pestrol adopts, verifies or endorses every factual statement made by that reviewer.

Pestrol may verify, moderate, withhold or remove reviews in accordance with its Product Review Policy and applicable law.

A genuine review will not be rejected merely because it is negative or critical.

The Website may contain links to third-party websites and may use services supplied by payment processors, finance providers, couriers, analytics providers, technology suppliers, advertising platforms or other third parties.

A link, reference or technical integration does not necessarily mean Pestrol controls or endorses all activities, content or services of the third party.

Your use of an independent third-party service may also be subject to that provider’s own terms and privacy practices.

Subject to rights that cannot lawfully be excluded, Pestrol is not responsible for independent third-party systems, services or content outside Pestrol’s reasonable control.

Pestrol handles personal information in accordance with its Privacy Policy and applicable privacy law.

Our Privacy Policy explains matters including:

• the kinds of personal information Pestrol collects;

• how information is collected and held;

• purposes for which information may be used or disclosed;

• direct marketing;

• cookies, analytics and advertising technologies;

• contracted service providers;

• overseas processing or disclosure where applicable;

• access and correction rights; and

• privacy complaints.

Pestrol will take reasonable steps required by law to protect personal information it holds from misuse, interference, loss and unauthorised access, modification or disclosure.

No internet-based system can be guaranteed to be completely secure.

Nothing in these Terms excludes a privacy, information-security or data-breach obligation imposed on Pestrol by law.

Pestrol does not tolerate threatening, abusive, harassing, discriminatory, intimidating or deliberately disruptive conduct toward Pestrol employees, contractors, delivery providers or other customers.

Where conduct becomes abusive or materially unreasonable, Pestrol may take reasonable steps including:

• restricting communications to a particular channel;

• requiring communications to be made in writing;

• nominating a single Pestrol contact;

• restricting access to Pestrol premises;

• restricting access to Pestrol systems or accounts; or

• declining to enter into future transactions.

Pestrol will continue to deal with existing legal obligations and genuine consumer claims despite reasonable communication restrictions.

To the maximum extent permitted by law, Pestrol may decline future orders, restrict payment methods, impose reasonable verification requirements or suspend an account where Pestrol reasonably considers this necessary because of:

• suspected fraud;

• repeated or abusive payment disputes;

• material misuse of return, warranty or promotional policies;

• security concerns;

• abusive conduct;

• serious or repeated breaches of these Terms;

• unlawful conduct; or

• another legitimate legal, safety, security or business concern.

Pestrol is not required to continue entering into new transactions with a person merely because Pestrol has previously supplied that person.

This clause does not remove rights or obligations arising from transactions already accepted or completed.

Pestrol takes reasonable steps to operate and maintain the Website but does not guarantee uninterrupted, continuous or error-free availability.

Maintenance, technical failures, cyber incidents, third-party service failures and other events may occasionally interrupt access.

Website information may contain errors or become outdated despite reasonable care.

Subject to rights that cannot lawfully be excluded and to the maximum extent permitted by law, Pestrol is not responsible for loss caused solely by:

• deliberate or unlawful Website misuse;

• your equipment, device or network failures;

• malicious third-party conduct outside Pestrol’s reasonable control;

• deliberate use contrary to mandatory product instructions; or

• reliance on information you knew, or ought reasonably to have known, was obviously erroneous.

Nothing in this clause excludes responsibility Pestrol has under applicable law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded or limited.

If you are a consumer under Australian Consumer Law, nothing in these Terms removes any entitlement to compensation for reasonably foreseeable loss or damage caused by a failure to comply with an applicable consumer guarantee.

Subject to those non-excludable rights and to the maximum extent permitted by law, Pestrol is not liable for loss caused solely by your fraud, unlawful conduct, deliberate product misuse or deliberate failure to follow mandatory product instructions.

GOODS NOT ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE

Where goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and the law permits Pestrol to limit liability for failure to comply with a consumer guarantee, Pestrol’s liability is limited, at Pestrol’s option, to one or more of:

• replacing the goods or supplying equivalent goods;

• repairing the goods;

• paying the cost of replacing the goods or acquiring equivalent goods; or

• paying the cost of having the goods repaired,

unless it would not be fair or reasonable for Pestrol to rely upon that limitation or the limitation is otherwise prohibited by law.

PURCHASERS WHO ARE NOT CONSUMERS

Where you acquire goods otherwise than as a consumer under Australian Consumer Law, then to the maximum extent permitted by law:

• conditions, warranties and guarantees implied by statute, general law or custom are excluded except where they cannot lawfully be excluded;

• Pestrol is not liable for loss of profit, revenue, business, opportunity, goodwill or data, or other indirect or consequential loss, to the extent such liability may lawfully be excluded; and

• Pestrol’s aggregate liability arising from the relevant order is limited to the price paid for the goods giving rise to the claim, except where a greater liability cannot lawfully be excluded or limited.

Nothing in this clause limits liability for Pestrol’s fraud or wilful misconduct, death or personal injury caused by Pestrol’s negligence, or another liability that cannot lawfully be excluded or limited.

To the maximum extent permitted by law, you indemnify Pestrol, its related bodies corporate, officers, employees and agents against third-party claims, liabilities, losses and reasonable costs arising directly from:

• fraud or attempted fraud by you;

• unauthorised use by you of another person’s identity or payment method;

• intentional or malicious interference by you with Pestrol systems;

• material you knowingly submit in breach of another person’s intellectual-property, privacy or confidentiality rights;

• deliberate misuse by you of a regulated product contrary to law or mandatory product instructions;

• unlawful resale, distribution or supply by you of a regulated product; or

• another deliberate or serious unlawful act by you in connection with Pestrol that directly causes the relevant claim or loss.

This indemnity does not apply to the extent the relevant loss was caused or contributed to by Pestrol’s negligence, breach of law, fraud or wilful misconduct.

Pestrol is not responsible for delay or failure to perform an obligation to the extent caused by an event outside Pestrol’s reasonable control.

Such events may include:

• natural disasters;

• severe weather;

• fire or flood;

• epidemic or pandemic;

• war or civil disturbance;

• industrial disruption;

• government action;

• major courier or transport disruption;

• widespread telecommunications or infrastructure failure;

• significant cyberattack; or

• failure of critical third-party infrastructure outside Pestrol’s reasonable control.

Pestrol will use reasonable efforts to minimise disruption.

If goods cannot be supplied within a reasonable period because of such an event, either you or Pestrol may cancel the affected products where permitted by law, and Pestrol will refund amounts paid for products not supplied.

Nothing in this clause removes rights that cannot lawfully be excluded.

Pestrol may maintain lawful records relating to:

• orders;

• payments;

• account activity;

• communications;

• fraud and security matters;

• delivery and proof of delivery;

• returns;

• warranty claims;

• refunds, credits and replacements;

• marketing consent or unsubscribe information where recorded; and

• disputes or chargebacks.

Pestrol may rely upon relevant business records as evidence in connection with a transaction, claim, fraud investigation, payment dispute or legal proceeding.

Those records are not automatically conclusive and remain subject to applicable evidentiary law and demonstrated error.

Pestrol may preserve relevant records beyond ordinary retention periods where reasonably necessary for fraud prevention, security, litigation, dispute resolution, regulatory compliance or another lawful purpose.

A failure or delay by Pestrol to exercise a right does not waive that right.

Pestrol reserves all rights, remedies, causes of action and defences available under these Terms, at common law, in equity and under statute.

Nothing in these Terms should be interpreted as limiting a right Pestrol would otherwise have unless these Terms expressly state that the right is limited.

SEVERABILITY

If any provision of these Terms is invalid, illegal or unenforceable, it will be severed or read down only to the minimum extent necessary. The remaining provisions continue to apply.

NO WAIVER

A failure or delay by either party to enforce a right does not waive that right.

ASSIGNMENT

You may not assign or transfer rights that are personal to you without Pestrol’s prior consent.

Pestrol may assign or transfer its rights and obligations to a related body corporate or purchaser or successor of the Pestrol business, provided this does not remove or materially reduce rights that cannot lawfully be excluded.

ENTIRE AGREEMENT

For an online purchase, these Terms, the accepted order and policies incorporated into that transaction form the contractual terms applying to that purchase.

Statements generated by Pestrol Pat do not themselves vary the contractual terms of a purchase unless Pestrol expressly confirms otherwise through an authorised process.

Nothing in this clause excludes liability arising from a representation or legal obligation that cannot lawfully be excluded.

HEADINGS

Section headings are included for convenience and do not affect interpretation.

These Terms, any contract formed between you and Pestrol through the Website, and your use of Pestrol Pat are governed by the laws of New South Wales, Australia and applicable Commonwealth laws.

To the maximum extent permitted by law, you and Pestrol irrevocably submit to the exclusive jurisdiction of the courts and tribunals of New South Wales, Australia, and courts entitled to hear appeals from those courts, in relation to any dispute, claim or proceeding arising out of or in connection with:

• these Terms;
• the Website;
• any order, purchase or transaction with Pestrol;
• any Pestrol product or service;
• Pestrol Pat; or
• any other dealing between you and Pestrol governed by these Terms.

To the maximum extent permitted by law, each party waives any objection to proceedings being brought in New South Wales on the basis that New South Wales is an inconvenient or inappropriate forum.

Nothing in this clause excludes, restricts or modifies any jurisdictional, consumer or statutory right that cannot lawfully be excluded, restricted or modified.

Nothing in this clause prevents Pestrol from commencing or taking steps in another jurisdiction where reasonably necessary to:

• enforce a judgment or order;
• recover Pestrol property or money;
• protect Pestrol’s intellectual property or confidential information;
• respond to fraud or unlawful conduct; or
• obtain urgent interim, protective or injunctive relief.

Pestrol
Lifestyle Logic Pty Limited
ACN 102 450 493
ABN 77 102 450 493

86 Biloela Street
Villawood NSW 2163
Australia

Free Call: 1800 33 88 88
Email: [email protected]
Website: pestrol.com.au

If you have a complaint, please provide Pestrol with sufficient information for us to investigate it.

Pestrol aims to acknowledge complaints within 5 business days and address them within a reasonable period having regard to the nature and complexity of the matter.

Nothing in this complaints process prevents either party exercising a legal right or using an applicable regulator, court or tribunal.

PESTROL PAT

These additional Terms govern your use of Pestrol Pat (Pat), an AI-powered assistant provided by Lifestyle Logic Pty Limited trading as Pestrol.

The Website & Online Store Terms above also apply to your use of Pat where relevant.

Where these additional Terms specifically deal with the operation or use of Pat, these additional Terms apply to that subject.

Nothing in these Terms excludes rights that cannot lawfully be excluded.

Pestrol Pat is intended for persons aged 18 years or over.

To access Pat, the chat interface requires you to enter a name and an email address.

Pestrol does not verify your identity merely because those fields have been completed.

Where identification is not required for the particular interaction, you may use a pseudonym. You must not deliberately enter another person’s personal information without their authority.

If you ask Pat or Pestrol to contact you, send information to you, investigate an order, access account information or otherwise follow up with you, you must provide information sufficient for Pestrol to perform that request and any verification reasonably necessary for security or privacy.

By proceeding to use Pat after the applicable notice is presented, you agree to these additional Terms.

If you do not agree to these Terms, you must not use Pat.

Use of Pat is voluntary.

Pestrol Pat is an automated conversational service using artificial intelligence and large-language-model technology.

Pat may help you to:

• navigate the Pestrol Website;

• search for products;

• obtain general product information;

• obtain general pest, home and garden information; and

• use other functions expressly made available through the interface.

Pat is not a human.

Responses are generated automatically and are not reviewed by Pestrol staff before being displayed unless the interface expressly states that a human has reviewed or joined the interaction.

You are not speaking with a Pestrol employee, contractor or licensed pest-control professional unless the interface expressly tells you that the conversation has been transferred to a person.

Pat does not have access to your orders, account, payment information or other Pestrol systems unless the relevant integration has been expressly enabled and the interface or applicable privacy notice explains that access.

Pat is an evolving service. Its functions, knowledge, integrations, technology and availability may change.

Pestrol grants you a limited, non-exclusive, non-transferable and revocable right to use Pat for lawful informational, navigational and shopping-related purposes.

You must not:

• use Pat for fraudulent or unlawful activity;

• impersonate another person;

• submit another person’s information without authority;

• use Pat to harass, threaten, defame or deliberately harm another person;

• reverse engineer, decompile or attempt to extract source code, model weights, system prompts, credentials or confidential system information;

• attempt malicious prompt injection, jailbreaking or circumvention of security or safety controls;

• introduce malware or malicious code;

• scrape or harvest Pat outputs at scale without permission;

• materially overload, disrupt or interfere with Pat or Pestrol systems;

• use Pestrol’s systems or protected content to develop or train a competing AI service without authorisation; or

• use Pat for another purpose that materially compromises the safety, security or lawful operation of Pestrol systems.

Pestrol may reasonably monitor technical and security events and restrict access where necessary to protect the service, investigate misuse or comply with law.

Pestrol is not required to disclose confidential prompts, system architecture, safety controls, fraud rules, security methods or internal instructions.

Pat provides general information only.

Pat does not provide licensed pest-control, chemical-handling, veterinary, medical, legal, environmental, safety or regulatory advice.

You should obtain appropriately qualified advice where circumstances require it, including where:

• termites, bed bugs or another serious infestation requires specialist assessment;

• children, pregnant persons, elderly persons, pets, livestock or food-producing areas may be exposed;

• a person or animal may have been poisoned, exposed to or adversely affected by a product;

• you are uncertain whether a product is safe, suitable or lawful for your intended use; or

• restricted or regulated products are involved.

For suspected human poisoning or chemical exposure in Australia, contact the Poisons Information Centre on 13 11 26 or call 000 in an emergency.

For animal exposure, contact a veterinarian or appropriate animal-poison service.

Pesticides, insecticides, rodenticides, herbicides, fungicides and other chemical products must be used strictly in accordance with their authorised labels, Safety Data Sheets, official instructions and applicable laws.

LABEL SUPREMACY

If anything Pat says conflicts, appears to conflict or is inconsistent with an authorised product label, Safety Data Sheet, packaging or official instruction, the authorised label or official instruction prevails.

PAT IS NOT TO BE RELIED UPON FOR:

• specific dosing or dilution rates;

• application rates;

• withholding, harvest or re-entry periods;

• instructions to mix or combine chemical products;

• emergency first-aid or poisoning advice;

• advice overriding mandatory warnings; or

• confirmation that a chemical is safe for a particular person, pet, livestock animal or other species.

For these matters, consult the product label, Safety Data Sheet, Poisons Information Centre, manufacturer or an appropriately qualified professional.

If Pat appears to provide information inconsistent with these restrictions, do not rely upon that response.

Prices generated, displayed or referred to by Pat are not binding quotations or offers.

The Pestrol product page and checkout are the authoritative sources for the price applicable to an order, subject to the pricing-error provisions in clause 5 of the Website & Online Store Terms.

Pat may provide inaccurate, incomplete or outdated information concerning:

• price;

• availability;

• specifications;

• product compatibility;

• suitability;

• delivery;

• promotions; or

• terms of use.

Where information is important to your purchase or safety, verify it against the relevant product page, authorised label, official instructions or directly with Pestrol.

An order is governed by the Website & Online Store Terms above, not merely by statements generated during a conversation with Pat.

Generative AI can make mistakes.

Pat may:

• generate incorrect information;

• provide incomplete or outdated information;

• misunderstand your question or circumstances;

• produce inconsistent responses;

• incorrectly describe a product, law, regulation or rule;

• fail to identify relevant information;

• incorrectly infer information; or

• generate information that does not represent Pestrol’s views, policies or intentions.

AI-generated information may sound confident even when it is incorrect.

You should independently verify information where accuracy, safety, legality, price, product suitability or another important decision is involved.

Pest-control outcomes depend on factors outside Pestrol’s control, including:

• pest species;

• infestation size and location;

• environmental conditions;

• property characteristics;

• product placement;

• application technique;

• maintenance;

• sanitation;

• surrounding properties; and

• user behaviour.

To the maximum extent permitted by law, Pestrol does not guarantee that following general information generated by Pat will produce a particular result or level of pest control.

Any separate Pestrol product warranty, performance guarantee or money-back guarantee remains governed by its own published conditions and applicable law.

You should exercise reasonable judgement when using AI-generated information.

You are responsible for:

• considering whether information is appropriate to your circumstances;

• checking important factual information;

• verifying safety information;

• reading and following mandatory labels and official instructions;

• ensuring your intended use is lawful; and

• obtaining qualified advice where reasonably necessary.

You must not knowingly act on information that is obviously unsafe, unlawful or contrary to an authorised product label or mandatory instruction.

Nothing in this clause transfers to you responsibility for a matter the law makes Pestrol responsible for.

You are responsible for information, prompts, photographs, files and other material you submit to Pat (Inputs).

Please do not submit information that is unnecessary for your enquiry.

In particular, you should not provide:

• passwords or PINs;

• complete payment-card details;

• online-banking credentials;

• Tax File Numbers, Medicare numbers or similar government identifiers;

• unnecessary health or other sensitive information;

• confidential business information you are not authorised to disclose;

• another person’s personal information without authority; or

• material that is unlawful or infringes another person’s rights.

Where you submit information about another person, you are responsible for ensuring that you have appropriate authority to do so.

Pestrol may remove, restrict or disregard Inputs that create a safety, security, legal or operational risk.

Pestrol Pat requires entry of a name and email address before access, but completion of those fields does not mean Pestrol has independently verified your identity.

Information submitted through Pat is handled in accordance with Pestrol’s Privacy Policy and applicable privacy law.

Subject to that Privacy Policy and applicable law, Pestrol may use information associated with Pat to:

• operate the service and generate responses;

• provide customer support;

• investigate technical or customer-service issues;

• analyse service performance;

• improve accuracy and safety;

• improve Pestrol’s knowledge base and AI tools;

• detect fraud, security incidents and misuse;

• resolve complaints or disputes;

• comply with legal obligations; and

• create aggregated or appropriately de-identified analytics.

Pestrol may use appropriately de-identified conversation information to improve AI systems used by Pestrol where permitted by law.

You may contact [email protected] regarding the use of your information for AI-improvement purposes.

Pat may rely on contracted AI, cloud, hosting and infrastructure providers.

Further details concerning collection, use, disclosure, overseas processing, retention, access, correction and privacy complaints are contained in Pestrol’s Privacy Policy.

Where these Terms and the Privacy Policy differ concerning the handling of personal information, the Privacy Policy applies to that issue.

Pestrol does not sell customer personal information to third parties for their own independent marketing.

Pestrol and its licensors own or license the intellectual property associated with Pat, including software, interfaces, branding, proprietary content, prompts and systems.

You retain any rights you lawfully hold in Inputs you provide.

By submitting Inputs, you grant Pestrol a non-exclusive, worldwide, royalty-free licence to store, process, reproduce and use those Inputs to operate, secure, support and improve Pat and Pestrol’s services in accordance with these Terms, our Privacy Policy and applicable law.

AI-generated outputs may not be unique.

The same or similar output may be generated for another user.

Pestrol does not guarantee that AI-generated output is original, non-infringing or suitable for commercial exploitation.

To the extent Pestrol owns rights in an output capable of being licensed, Pestrol grants you a non-exclusive licence to use that output for personal or internal business purposes, subject to these Terms.

If you voluntarily submit suggestions or feedback about Pat, Pestrol may use that feedback without payment or other obligation to you.

Pestrol may reasonably investigate suspected misuse of Pat, including:

• fraud;

• identity misuse;

• automated abuse;

• malicious security activity;

• attempted extraction of confidential system information;

• deliberate circumvention of safety controls; or

• other unlawful activity.

Subject to applicable law, Pestrol may:

• preserve relevant records, logs and evidence;

• restrict or terminate access;

• associate related sessions or accounts where reasonably necessary for a fraud or security investigation;

• provide relevant information to contracted service providers, professional advisers, regulators or law-enforcement authorities; and

• seek recovery of legally recoverable losses arising from proven fraudulent or malicious conduct.

Pestrol is not required to disclose protected security systems, prompts, internal policies, risk thresholds or detection methods.

Pat may refer to third-party websites, products, organisations or information.

A reference or link does not necessarily mean Pestrol endorses or controls that content.

Third-party information may be inaccurate, outdated or changed without Pestrol’s knowledge.

Where third-party information is important to a decision, verify it against the authoritative third-party source.

Nothing in these Pestrol Pat Terms excludes, restricts or modifies any guarantee, right, remedy or liability under Australian Consumer Law or another law that cannot lawfully be excluded.

Subject to those non-excludable rights, Pat is provided on an as-available basis and Pestrol does not guarantee uninterrupted access or complete accuracy of AI-generated information.

Clause 29, Limitation of Liability, of the Website & Online Store Terms applies to use of Pat to the extent permitted by law.

To the maximum extent permitted by law, Pestrol is not responsible for loss caused solely by:

• deliberate misuse of Pat;

• unlawful product use;

• deliberate action contrary to mandatory product directions; or

• reliance on an AI response that was obviously inconsistent with an authorised product label or official safety instruction.

Nothing in this clause limits liability that cannot lawfully be excluded.

To the maximum extent permitted by law, you indemnify Pestrol and its related bodies corporate, officers, employees and agents against third-party claims, liabilities, losses and reasonable costs arising directly from:

• deliberate unlawful use of Pat by you;

• fraud or impersonation by you;

• malicious interference by you with Pestrol systems; or

• Inputs you knowingly submit in breach of another person’s intellectual-property, privacy or confidentiality rights.

This indemnity does not apply to the extent the relevant loss was caused or contributed to by Pestrol’s negligence, breach of law, fraud or wilful misconduct.

Pestrol may modify, maintain, restrict, suspend or discontinue Pat or a Pat feature where reasonably required for operational, technical, security, legal or commercial reasons.

Pestrol may restrict or terminate access where:

• these Terms are seriously or repeatedly breached;

• activity appears fraudulent, malicious or unlawful;

• access creates a material security or safety risk;

• restriction is reasonably necessary to protect another person;

• restriction is required to comply with law; or

• Pestrol discontinues the service.

Underlying AI, cloud and infrastructure providers may change.

Termination or suspension of access to Pat does not affect rights or obligations concerning an existing Pestrol purchase.

Pestrol may maintain lawful records relating to use of Pat, including where technically available:

• sessions and timestamps;

• Inputs and outputs;

• technical events;

• fraud and security events; and

• communications concerning Pat.

Pestrol may rely upon relevant records as evidence in connection with security incidents, fraud investigations, complaints, disputes or legal proceedings.

Those records are not automatically conclusive and remain subject to applicable evidentiary law and demonstrated error.

Clause 35, Governing Law & Jurisdiction, of the Website & Online Store Terms applies to these Pestrol Pat Terms and your use of Pat.