Terms of service
OVERVIEW
Welcome to Pawstruck! The terms "we", "us" and "our" refer to Pawstruck.
Pawstruck operates this store and website, including all related information,
content, features, tools, products and services in order to provide you, the
customer, with a curated shopping experience (the "Services"). Pawstruck is
powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein
(these "Terms of Service" or "Terms") describe your rights and responsibilities
when you use the Services.
Please read these Terms of Service carefully. By visiting, interacting with or
using our Services, you agree to be bound by these Terms of Service and our
Privacy Policy. If you do not agree, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or territory of residence, and you have given us
your consent to allow any of your minor dependents to use the Services on devices
you own, purchase or manage.
To use the Services, including accessing or browsing our online store or
purchasing any of the products or services we offer, you may be asked to provide
certain information, such as your email address, billing, payment, and shipping
information. You represent and warrant that all the information you provide is
correct, current and complete and that you have all rights necessary to provide
this information.
You are solely responsible for maintaining the security of your account
credentials and for all of your account activity. You may not transfer, sell,
assign, or licence your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products
and services in our online store. However, please note that colours or product
appearance may differ from how they may appear on your screen due to the type of
device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services
purchased by you will meet your expectations or be the same as depicted or
rendered in our online store.
All descriptions of products are subject to change at any time without notice at
our sole discretion. We reserve the right to discontinue any product at any time
and may limit the quantities of any products that we offer to any person,
geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Pawstruck reserves
the right to accept or decline your order for any reason at its discretion. Your
order is not accepted until Pawstruck confirms acceptance. We must receive and
process your payment before your order is accepted.
Please review your order carefully before submitting, as Pawstruck may be unable
to accommodate cancellation requests after an order is accepted. In the event that
we do not accept, make a change to, or cancel an order, we will attempt to notify
you by contacting the email, billing address, and/or phone number provided at the
time the order was made.
Your purchases are subject to return or exchange in accordance with our Refund
Policy and your rights under the Australian Consumer Law. You represent and
warrant that your purchases are for your own personal or household use and not
for commercial resale or export.
SECTION 4 - PRICES AND BILLING
All prices are displayed in Australian Dollars (AUD) and are inclusive of Goods
and Services Tax (GST) at 10%, as required under the A New Tax System (Goods and
Services Tax) Act 1999, unless otherwise stated. Prices, discounts and promotions
are subject to change without notice.
The price charged for a product or service will be the price in effect at the
time the order is placed and will be set out in your order confirmation email.
Shipping and handling charges are additional unless otherwise stated at checkout.
You agree to provide current, complete and accurate purchase and payment
information for all purchases made at our store. You represent and warrant that
the credit card or payment information you provide is true, correct, and complete,
and that you are duly authorised to use such payment method for the purchase.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not
responsible for delays caused by shipping carriers, customs processing, or events
outside our control. Once we transfer products to the carrier, risk of loss passes
to you.
If goods are lost or damaged in transit, your rights under the Australian Consumer
Law may still apply. Please contact us at pawstruck@gmail.com if your order does
not arrive or arrives damaged.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays,
images, graphics, product reviews, video, and audio, and the design, selection,
and arrangement thereof, are owned by Pawstruck, its affiliates or licensors and
are protected by Australian and international copyright, trademark, and other
intellectual property laws, including the Copyright Act 1968 (Cth) and Trade
Marks Act 1995 (Cth).
These Terms permit you to use the Services for your personal, non-commercial use
only. You must not reproduce, distribute, modify, create derivative works of,
publicly display, republish, download, store, or transmit any of the material on
the Services without our prior written consent. All rights not expressly granted
herein are reserved by Pawstruck.
Pawstruck's names, logos, product and service names, designs, and slogans are
trademarks of Pawstruck or its affiliates or licensors. You must not use such
trademarks without the prior written permission of Pawstruck.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the
Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as
available" without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools. Any use by you of optional
tools offered through the site is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain hyperlinks to websites provided or operated by third
parties. We are not responsible for examining or evaluating the content or
accuracy of any third-party materials or websites. If you decide to leave the
Services to access third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any
third-party websites or your purchase or use of any products or services on
any third-party websites. Complaints, claims, or questions regarding third-party
products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Pawstruck is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our store are made directly with
Pawstruck. By using the Services, you acknowledge and agree that Shopify is not
responsible for any aspect of any sales between you and Pawstruck, including any
injury, damage, or loss resulting from purchased products and services. You hereby
expressly release Shopify and its affiliates from all claims, damages, and
liabilities arising from or related to your purchases and transactions with
Pawstruck.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy
Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy
Principles (APPs). Certain personal information may also be subject to Shopify's
Privacy Policy. By using the Services, you acknowledge that you have read these
privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes
personal information about your access to and use of the Services. Information
you submit may be transmitted to and shared with Shopify as well as third parties
that may be located in other countries. Review our Privacy Policy for more details
on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions,
feedback, reviews, proposals, or plans (collectively, "Feedback"), you grant us a
perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce,
modify, publish, distribute and display such Feedback in any medium for any
purpose, including for commercial use.
You represent and warrant that you own or have all necessary rights to all
Feedback, and that your Feedback will not violate any right of any third party,
including copyright, trademark, privacy, or other personal or proprietary right.
We may, but have no obligation to, monitor, edit or remove Feedback that we
determine to be unlawful, offensive, threatening, or otherwise objectionable.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information
is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access
or use the Services, directly or indirectly: (a) for any unlawful or malicious
purpose; (b) to violate any Commonwealth, state or territory regulations, rules,
laws, or local ordinances; (c) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (d) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information; (f) to send, knowingly receive,
upload, download, use, or re-use any material that does not comply with these
Terms; (g) to transmit, or procure the sending of, any advertising or promotional
material, including any "junk mail," "chain letter," "spam," or any other similar
solicitation; (h) to impersonate or attempt to impersonate any other person or
entity; or (i) to engage in any other conduct that restricts or inhibits anyone's
use or enjoyment of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other type
of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or
exploit any portion of the Services; (c) collect or track the personal information
of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot,
spider, scraping, data gathering tools, or automated means to access the Services;
or (f) interfere with or circumvent the security or authorisation features of the
Services. We reserve the right to suspend or terminate your account at any time
if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
This section applies if you use, allow, enable, or cause the deployment of an
Agent to access, use, or interact with any Services. "Agent" means any software
or service that takes autonomous or semi-autonomous action on behalf of, or at
the instruction of, any person or entity without direct supervision.
No Agent may access, use, or interact with Services unless it at all times:
(i) identifies that the request is from an Agent and discloses the Agent's name
in all HTTP/HTTPS request user agent strings; (ii) does not conceal or obfuscate
that interactions are from an Agent; (iii) responds truthfully to any question
seeking to determine if interactions are from a human or a computer; and
(iv) does not circumvent any measure intended to block, limit, or control whether
and how Agents access the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without
notice, and you will remain liable for all amounts due up to and including the date
of termination. The following sections will continue to apply following any
termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation
of Liability, Indemnification, Governing Law, and Privacy Policy.
SECTION 16 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT
PERMITTED BY LAW.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or
any guarantee, warranty or other term or condition implied or imposed by the
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010
(Cth)) which cannot lawfully be excluded or limited. If the Australian Consumer
Law applies, our liability for a failure to comply with a consumer guarantee is
limited to: (a) in the case of goods — replacement, repair, or refund; and
(b) in the case of services — re-supply or payment of the cost of re-supply,
at our election.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY AUSTRALIAN LAW, IN NO CASE SHALL PAWSTRUCK,
OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF
DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF
ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pawstruck and our affiliates,
partners, officers, directors, employees, agents, contractors, licensors, and
service providers from any losses, damages, liabilities or claims, including
reasonable legal fees, payable to any third party due to or arising out of
(1) your breach of these Terms of Service, (2) your violation of any law or the
rights of a third party, or (3) your access to and use of the Services.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of Service without affecting the
validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision. These Terms of
Service constitute the entire agreement between you and us and govern your use of
the Services, superseding any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between you and us.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or
obligations under these Terms without our prior written consent, and any such
attempt will be null and void. We may transfer, assign, or delegate these Terms
and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the
laws of New South Wales, Australia. You and Pawstruck submit to the exclusive
jurisdiction of the courts of New South Wales, Australia.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right, in our sole discretion, to update, change, or replace any
part of these Terms of Service by posting updates and changes to our website. We
will notify you of any material changes in accordance with applicable Australian
law. Your continued use of or access to the Services following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - AUSTRALIAN CONSUMER LAW
Our goods and services come with guarantees that cannot be excluded under the
Australian Consumer Law. For major failures with the service, you are entitled:
(a) to cancel your service contract with us; and (b) to a refund for the unused
portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with
goods. If a failure with the goods or a service does not amount to a major
failure, you are entitled to have the failure rectified in a reasonable time and,
if this is not done, to a refund for the goods and to cancel the contract for the
service and obtain a refund of any unused portion. You are also entitled to be
compensated for any other reasonably foreseeable loss or damage from a failure
in the goods or service.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Pawstruck
pawstruckstore@gmail.com
pawstruck.store