Terms of service

Terms of Service — Proper Pet (Australia)

OVERVIEW
Welcome to Proper Pet! The terms “we”, “us” and “our” refer to Proper Pet. We operate this store and website, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (the Services). Proper Pet is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the Terms), together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy $L I N K$ . If you do not agree, please do not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence in Australia, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services (including browsing or purchasing), you may be asked to provide information such as your email address, billing, payment and shipping details. You warrant the information you provide is true, current, complete and that you have the rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We make every effort to accurately represent our products and services. However, colours and appearance may vary based on your device and settings.
We do not warrant that the appearance or quality of any products or services will meet your expectations or match imagery exactly.
Product descriptions may change at any time without notice. We may discontinue products or limit quantities to any person, region or jurisdiction at our discretion.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. We may accept or decline your order at our discretion. Your order is accepted when we confirm acceptance and process your payment. Please review your order carefully before submitting; we may be unable to accommodate cancellation requests after acceptance. If we do not accept, alter or cancel an order, we will attempt to notify you using the email, billing address and/or phone number provided.
Your purchases are subject to our Return & Refund Policy $L I N K$ .
You represent and warrant your purchases are for personal or household use and not for resale or export.

SECTION 4 – PRICES, CURRENCY & BILLING

Unless expressly stated otherwise, prices are in Australian dollars (AUD) and include GST where applicable. Shipping and handling are shown at checkout. Customs or import charges (for international orders) are the customer’s responsibility.
Prices, discounts and promotions may change without notice. The price charged will be the price in effect at the time of order and set out in your confirmation email. Promotions may have separate terms; if they conflict with these Terms, the promotion terms govern.
You agree to provide current, complete and accurate purchase, payment and account information and promptly update details (email, card numbers, expiry dates) so we can complete transactions and contact you as needed. You represent and warrant that (i) the card details you provide are correct, (ii) you are authorised to use the card, (iii) charges will be honoured, and (iv) you will pay all charges due, including applicable GST, shipping and handling.

SECTION 5 – SHIPPING & DELIVERY

Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Risk of loss passes on delivery to the carrier (or as otherwise required by applicable consumer law). Please ensure your delivery address is accurate and that someone can receive the parcel.

SECTION 6 – INTELLECTUAL PROPERTY

All content on the Services (including trademarks, brands, text, images, graphics, video, audio, and their selection and arrangement) is owned by Proper Pet, its affiliates or licensors and protected by Australian and international intellectual property laws.
You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any material from the Services without our prior written consent, except as permitted by law.
Proper Pet names, logos and designs are trademarks of Proper Pet or its affiliates/licensors. You must not use such marks without our prior written permission. Shopify’s names and marks are trademarks of Shopify. Other marks are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Your use is at your own discretion and risk and may be subject to the third party’s terms. New features or tools may be introduced and will also form part of the Services and be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites or embedded functionality. We are not responsible for examining or evaluating third-party content and are not liable for any harm or damages arising from your access to or use of third-party sites, products or services. Review third-party policies before engaging in any transaction.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: Do not remove or modify this characterisation of Shopify.]
Proper Pet 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 Proper Pet. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Proper Pet, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Proper Pet.

SECTION 10 – PRIVACY

Personal information collected through the Services is subject to our Privacy Policy $L I N K$ . Because the Services are hosted by Shopify, certain data is also processed under Shopify’s Privacy Policy (see Shopify’s site). Information you submit may be transmitted to, and processed in, countries other than where you reside to provide the Services. See our Privacy Policy $L I N K$ for details.

SECTION 11 – FEEDBACK

If you submit reviews, ideas, suggestions or other content (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 commercial use. You warrant that you own or have rights to the Feedback, have disclosed any incentives, and that your Feedback complies with these Terms. We may monitor, edit or remove Feedback at our discretion. You are solely responsible for your Feedback.

SECTION 12 – ERRORS, INACCURACIES & OMISSIONS

From time to time, information on the Services may contain typographical errors or inaccuracies (e.g., product descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct, change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you submit an order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. Without limitation, you must not use the Services to violate laws, infringe intellectual property, harass or harm others, transmit misleading information, send spam, upload malware, scrape data, or circumvent security. We may suspend or terminate your access for any breach.

SECTION 14 – TERMINATION

We may terminate these Terms or your access to the Services (in whole or part) at any time at our discretion, without notice. You remain liable for amounts due up to and including the termination date. Sections that by their nature should survive (including Intellectual Property, Feedback, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver & Entire Agreement, Assignment, Governing Law, and Privacy) will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available” except as required by law. We do not warrant that the Services will be uninterrupted, timely, secure or error-free, or that information is accurate or complete.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted or modified. Where we are permitted to limit a remedy under the ACL, our liability is limited (at our option) to the replacement or resupply of the goods or services or the cost of doing so.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no case shall Proper Pet, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors be liable for indirect, incidental, special, consequential or punitive damages, loss of profits, revenue, savings, data or replacement costs arising from your use of the Services or products.
Nothing in these Terms limits or excludes liability for breach of non-excludable consumer guarantees under the ACL. For goods or services not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of a guarantee is limited as set out in Section 15.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Proper Pet and our affiliates, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities, claims and expenses (including reasonable legal fees) arising out of (1) your breach of these Terms or referenced documents, (2) your violation of law or third-party rights, or (3) your access to or use of the Services. We will notify you of any claim where practicable and you will cooperate in the defence.

SECTION 18 – SEVERABILITY

If any provision of these Terms is unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted and the remainder will continue in full force.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms and any policies posted on the site constitute the entire agreement between you and us regarding the Services and supersede prior or contemporaneous communications.

SECTION 20 – ASSIGNMENT

You may not assign, transfer or delegate these Terms without our prior written consent. We may assign, transfer or delegate our rights and obligations without notice.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements to provide you Services are governed by the laws of New South Wales, Australia. You and Proper Pet submit to the non-exclusive jurisdiction of the courts of New South Wales (and any courts that may hear appeals from those courts).

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

You can review the most current version of the Terms at any time on this page. We may update these Terms by posting changes to our website. We will notify you of any material changes as required by law. Your continued use of the Services after changes take effect constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms should be sent to proper.pet.au@gmail.com.
Trading name: Proper Pet
Email: proper.pet.au@gmail.com
ABN: 66 684 132 116