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1. INTRODUCTION

1.1 Apawrel is a pet apparel business in Australia, and our paw-pose is to lead the way in sustainable apparel, where every pet can have fetching digs without costing the earth.

1.2 The Apawrel website is owned and operated by Apawrel, ABN 32 296 045 373 (Apawrel, the Site, we, us, or our).

 

2. APPLICATION OF THESE TERMS AND CONDITIONS

2.1 The Apawrel terms and conditions (the Terms, the T&Cs, Terms of Use) consist of the following:​

• ​Clauses 3 to 35, including any Addenda to these terms and conditions (Website and Trading T&Cs):​​​

  • How our store runs, and what you agree to when you visit our website or shop with us.

  • Your access to and use of the Site; and

  • Any ordering or purchasing of Goods and Services through the Sites or In-Person or through our Third-Party Partners (but only to the extent applicable).

• Privacy Policy: Detailing what personal information we collect and how we collect, use disclose and protect your personal information.

• ​Returns & Refunds Policy: How and when you can return products and details about our buy-back program.

• Giveaway & Give Away Terms: The rules for our fun and fair prize giveaways, promotions and gift cards.

 

3. WEBSITE AND TRADING TERMS AND CONDITIONS

3.1 These Website and Trading T&Cs apply to:

3.1.1 your use of the following:

3.1.1.1 websites owned or operated by the Apawrel, which includes your use of these websites’ chat and blog functionalities;

• apawrel.com.au;

• any other websites specified by Apawrel from time to time;

3.1.2 social media tags, collaborations, comments, hashtags operated or promoted by Apawrel, which includes your use of these sites chat functionalities;

3.1.3 applications downloaded from an app distribution service (for example, the Apple App Store or Google Play Store) that are owned or operated by Apawrel (Applications, Apps), which includes your use of chat functionalities made available via the Applications,

(together, the Sites); and

3.1.2 any of our goods or services (together, the Goods and Services, Services) provided through the Sites and in any Apawrel pop-up shop, market stall or class (In-Store), and to the extent applicable, through any of our third party providers of the Goods and Services (Third Party Partners); and

3.2 There are other terms and conditions that may apply to your interactions with the Apawrel, which will be provided to you for your review. These include:

3.2.1 Any terms and conditions which may apply to a promotion we are running or otherwise making available.

3.2.2 Other Apawrel websites may have different terms and conditions which apply to them.

3.3 The terms you, your and Paw-parent refer to the person:

3.3.1 accessing or using the Sites;

3.3.2 ordering our Goods or Services provided through our Sites or our Third Party Partners;

3.3.3 accessing or attending a Apawrel pop-up shop, market stall, class; or

3.3.4 purchasing our Goods or Services in-Person.

3.3.5 engaging with Apawrel as a Paw-Tester (Paw-Tester), or another individual engages with our Services.

3.3.6 sharing content or connecting with us in any way, including through our social media channels.

 

4. ACCEPTANCE OF WEBSITE AND TRADING T&Cs

4.1 The most current version of these Website and Trading T&Cs can be reviewed by clicking on the Terms and Conditions hypertext link located at the bottom of our Site pages. When we make updates to the Terms, Apawrel will update the ‘Last Updated’ date at the top of this page.

4.2 These Website and Trading T&Cs, any Addenda to these Website and Trading T&Cs, and any additional terms and conditions notified to you from time to time, govern your access to and use of the Sites, including any Site Content (as defined below) and our Goods and Services provided through or in connection with the Sites, In-Store, or if you purchase from us through a Third Party Partners.

4.3 Our Privacy Policy provided to you, separately set out how we will handle and any information you provide us with when you engage with us via our Sites or In-Store, or if you purchase from us through a Third Party Partners.

4.4 In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

4.5 By browsing, accessing or using the Sites, by ordering the Goods or Services provided through the Sites or by accessing, attending, or purchasing our Goods and Services In-Store or through a Third Party Partner, you acknowledge and warrant that you have read, understood and agree to be bound by these Website and Trading T&Cs and any additional terms and conditions notified to you from time to time. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing or using the Sites, ordering or purchasing the Goods or Services.

4.6 In the event that you engage with Apawrel through our social media channels, you acknowledge and agree that separate terms and conditions may apply directly between you and Meta Platforms, Inc. in respect of your use of their products and services.

4.7 These Website and Trading T&Cs form a legally binding agreement between Apawrel and you. If you do not agree to these Website and Trading T&Cs, you must:

4.7.1 Immediately exit and not access or use these Sites, or order our Goods or Services provided through the Sites or our Third Party Partners;

4.7.2 Not attend our Apawrel stores nor purchase our Goods and Services In-Store.

4.8 We may amend these Website and Trading T&Cs at any time (including to comply with applicable laws, comply with a legitimate contractual obligation or for operational reasons when we change our systems and processes) and will take reasonable steps to bring any material changes to your attention such as by posting the amendments on the Sites, including updating the “Last Updated” date. As you will be bound by any amendment to these Website and Trading T&Cs, you should review these Website and Trading T&Cs from time to time. By continuing to use the Sites or ordering our Goods or Services after any amendment to these Website and Trading T&Cs, you will be deemed to have accepted the amended Website and Trading T&Cs. If any change has a detrimental effect on you or you do not agree with the amended Website and Trading T&Cs, you may cease accessing or using the Sites and cease ordering or purchasing our Goods or Services In-Store.

 

5. ORDERING AND PURCHASING GOODS AND SERVICES 

5.1 You may order Goods and Services by selecting and submitting your Order through a Site or making a Purchase In-Store in accordance with these Website and Trading T&Cs.

5.2 Any Order placed through a Site, or In-Store, for a Good or Service is an offer by you to purchase the particular Good or Service for the price notified (including the delivery and other charges and taxes) at the time you place the Order.

5.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through a Site.

5.4 Goods and Services can also be ordered through our Third Party Partners, such as through their websites, applications or other platforms (Third Party Platform) and your use of any Third Party Platform will be governed by Third Party Partner terms and conditions (Third Party Terms) as well as these Website and Trading T&Cs where applicable.

 

6. Fees and Charges

6.1 You agree to pay the following fees and charges in relation to an Order you place through the Site or a Purchase you make In-Store (as applicable):

6.1.1 The purchase price of the Good or Service ordered through our Sites (as applicable to your specific Order) (Online Purchase Price);

6.1.2 The purchase price of the Good or Service purchased In-Store (as applicable to your specific Purchase) (In-Store Purchase Price);

6.1.3 The delivery fee provided to you at the time you selected the relevant delivery service when placing your Order (Delivery Fee); and

6.1.3 Any other fees and charges set out in these Website and Trading T&C;

(together, the Fees).

6.2 All Fees include GST where applicable.

6.3 The Online Purchase Price is shown on the Site at the time you place your Order.

6.4 The In-Store Purchase Price is displayed with the relevant Goods or Services at the relevant Apawrel pop-up shop, market stall or class.

 

7. Payment Methods

7.1 We accept the following payment methods:

- cash in Australian currency (In-Store only);

- Visa and Visa Debit;

- MasterCard and MasterCard Debit;

- American Express;

- PayPal;

- Apple Pay; and

- Google Pay.

7.2 Not all payment methods may be available for all types of deliveries.

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8. You must pay the Fees using the online or In-Store payment methods in clause 8.

8.1 If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of the dishonour and cancel your Order.

8.2 You authorise us to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.

8.3 You must not pay, or attempt to pay, for Goods or Services through any fraudulent or unlawful means.

8.4 For Orders made through our Sites, we will provide you with an order confirmation for your Order at the time you place your Order which specifies the Goods and Services (and associated Fees) with respect to your Order.

8.5 An order confirmation does not signify our acceptance of your Order and simply confirms we have received your Order. Both you and we can cancel the Order in accordance with clause 14.

8.6 You can access your receipt for any Order you place through our Sites via your Account or by contacting us using the details in clause 33.

8.7 For any Purchases made In-Store, we will provide you with a receipt at the time you make your Purchase which specifies the Goods and Services (and associated Fees) with respect to your Purchase, unless the you expressly decline to receive one.

 

9. Acceptance or rejection of an Order

9.1 We reserve the right to accept or reject an Order or part of an Order for any reason up until Dispatch, including if the requested Good or Service is not available, if there is an error in the Purchase Price or the product description posted on the Site or an error in your Order. You may also cancel your Order in accordance with clause 14.

9.2 Each Order placed through a Site that we accept results in a separate binding agreement between you and us for the supply of that Good or Service. For each Order accepted by us, we will supply each Good or Service in that Order to you in accordance with these Website and Trading T&Cs.

9.3 If we reject an Order placed through a Site, then we will endeavour to notify you of that rejection at the time you place that Order or within a reasonable time after you submit that Order (and before Dispatch).

 

10. Order and Purchase quantity limits

10.1 We are not a wholesale provider. Accordingly, you may only Order or Purchase Goods or Services on our Sites or In-Store, and in each Order or Purchase, in quantities reasonable for personal and domestic use and not in quantities for resale to a third party, trade or commercial purposes.

10.2 We may:

10.2.1 contact you after you submit an Order if we have concerns regarding the quantity of Goods or Services ordered;

10.2.2 cancel your Order without notice if we reasonably believe you are placing multiple Orders for the purposes of circumventing our quantity limits;

10.2.3 reject your offer to purchase Goods or Services In-Store if attempting to purchase excessive quantities or for the purpose of resale, trade or commercial use.

 

11. Delivery of Goods

11.1 We will only deliver Goods ordered through a Site to a location where we provide delivery services. You may receive multiple deliveries for your Order and these will be notified to you via email or push notification following placing your Order.

11.2 We use trusted delivery service providers to deliver your Order.

11.3 Delivery of your Goods by our delivery service providers may be subject to the relevant delivery service provider’s own terms and conditions and privacy policy. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions.

11.4 At the time you select your Goods, you will be given an option to select a delivery method which will include an estimated timeframe for delivery. Although we endeavour to ensure that those Goods are delivered within the timeframe provided at the time of your Order, these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and, unless stated otherwise and subject always to your rights under applicable laws, we will not provide any refund or discount on your Order or Delivery Fee for late deliveries.

11.5 If you select the “leave unattended” option for your Order or this option is automatically selected for your selected delivery method, our delivery service providers will endeavour to contact you:

11.5.1 via SMS on your nominated telephone number when our delivery service provider is on the way to 11.5.2 your Delivery Address with your order; and

11.5.3 at the Delivery Address or on your nominated telephone number once our delivery service provider arrives at the Delivery Address.

11.6 If our delivery service providers:

11.6.1 cannot contact you when attempting delivery; or

11.6.2 determine there is no one or no appropriate person at the Delivery Address to receive the Order or if our delivery service providers cannot access the Delivery Address or our delivery service providers cannot access your nominated spot or determine a suitable spot to deliver your Order (for unattended deliveries); or

11.6.3 determine that it is unsafe to leave your order unattended (including at your nominated spot at the Delivery Address),

then the delivery service provider will take steps which are reasonable in the particular circumstance and in accordance with their terms and conditions with you (if applicable).

11.7 Pursuant to clause 11.6 these steps are generally communicated with you by the delivery service provider at the time so you know what has happened to your delivery and what steps (if any) you need to take next. These may include:

11.7.1 our delivery service provider leaving your order unattended at your nominated spot at the Delivery Address or such other spot which our delivery service provider determines is suitable for delivery at the time; or

11.7.2 our delivery service providers may not deliver the Goods you have Ordered and take the Goods to a safe location such as an Australia Post post office, delivery depot or other collection point depending on the delivery service provider to attempt re-delivery or for collection by you; or

11.7.3 our delivery service providers will endeavour to contact you to arrange for a different delivery time; or

11.7.4 our delivery service provider will return your delivery to us (in which case you will be notified).

11.8 You agree to comply with certain delivery requirements specified below. Certain Goods may only be available to be purchased using certain delivery methods and in certain delivery locations and this will be notified to you through our Sites, or In-Store, at the time of placing your Order.

11.9 You acknowledge and agree that any person at the Delivery Address who receives the Order is authorised by you to receive your Order.

 

12. Delivery service coverage and Restricted Areas

12.1 We do not deliver to:

12.1.1 all postcodes in Australia; and

12.1.2 any areas outside of Australia, (Restricted Area).

12.2 If you live in a Restricted Area, you will not be able to place an Order (and if the postcode is in Australia, you may to be contacted to discuss alternate options to engage with our products and services via the contact information your provide at the time of your attempted purchase.

12.3 Please ensure your delivery location is selected before selecting a delivery method for your Goods.

12.4 In accordance with clause 11.8 of the Website and Trading T&Cs, certain Goods may only be available to be purchased using certain delivery methods and in certain delivery locations and this will be notified to you through our Sites at the time of placing your Order.

 

13. Risk and title

13.1 Where Goods are delivered by us (including through our trusted delivery service providers):

13.1.1 risk in the Goods passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address);

13.1.2 for Orders with Click & Collect or Pick-Up Service, risk in the Goods passes to you on the date and time of collection from our store; and

13.1.3 title to the Goods passes to you on the later of the date and time of:

13.1.3.1 payment of those Goods;

13.1.3.2 delivery of those Goods to the Delivery Address (including unattended deliveries at the Delivery Address); and

13.1.3.3 for Orders with Click & Collect or Pick-Up Service only, collection of those Goods from one of our stores.

13.2 Where you make a Purchase of our Goods In-Store, risk and title in the Goods pass to you on the date and time your Purchase is completed in our store.

 

14. Cancellation of Orders

14.1 You may not cancel an Order of a Digital Product, by clicking the payment confirmation at checkout you agree to receive the item transmitted electronically.

14.2 You may cancel an Order of a Custom or DIY Product or Class you have placed up until you have received a confirmation of your order.

14.3 You may cancel an Order of a Standard Product you have placed (including if you have received an order confirmation), provided that the order does not also include a Digital, Custom or DIY Product or Class, up until Dispatch.

14.4 If you cancel an Order, depending on the payment method used, we will either not charge you for that Order, or if we have taken payment at checkout, refund the full payment amount paid, including any Delivery Fee and other fees and charges, to your original payment method or through an alternative means.

14.5 We may also cancel any Order or part of an Order (including if you have received an order confirmation) up until Dispatch without any liability to you for that cancellation at any time if:

14.5.1 the requested Goods in that Order are not available; or

14.5.2 there is an error in the price, or the product description posted on the Site in relation to the relevant Good in that Order; or

14.5.3 that Order has been placed in breach of these Website and Trading T&Cs (for example, in breach of the Order quantity limits set out in clause 11); or

14.5.4 minimum class numbers have not been met.

14.6 If we cancel an Order or part of an Order, other than a Class, we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any applicable Delivery Fee or other fees and charges, will be refunded to your original payment method or through an alternative means.

14.7 If we cancel a Class Order we will provide you with reasonable notice of that cancellation, arrange to reschedule you into another Class. If a reschedule is not possible, we will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any applicable Delivery Fee or other fees and charges, will be refunded to your original payment method or through an alternative means.

 

15. Missing items

15.1 If there are any Goods missing from your delivery or collection, then you may contact us within 2 business days after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered or collected (as applicable), we will provide you with a credit to your original payment method within 3-5 business days for the Goods that were charged but not delivered to you or collected by you.

 

16. Repairs, Replacements and Refunds

16.1 The Apawrel Repair, Replacement and Refund Policy applies to all Orders and purchases of Goods using the Sites and In-Store and forms part of these Website and Trading T&Cs.

16.2 The Apawrel Repair, Replacement and Refund Policy applies in addition to your Non-excludable Rights (as defined in clause 30.2) and nothing in the Apawrel Repair, Replacement and Refund Policy is intended to restrict, modify or exclude your Non-excludable Rights.

 

17. PROMOTIONS

17.1 From time to time we or our authorised representatives may run promotions (Promotions) on our Sites or in relation to our Goods or Services which are subject to both these Website and Trading T&Cs and any additional promotion-specific terms which cover the terms and conditions for the Promotion such as:

17.1.1 conditions of entry;

17.1.2 eligibility criteria;

17.1.3 eligibility period; and

17.1.4 other relevant terms and conditions for the specific Promotions.

(Promotional Terms).

17.2 These promotion-specific terms can be found on our Gift Cards, Giveaways and Gifts page and are in addition to these Website and Trading T&Cs.

17.3 In the event of any conflict or inconsistency between these Website and Trading T&Cs and any Promotional Terms, the provisions of the Promotional Terms relevant to a Promotion shall prevail to the extent of such conflict or inconsistency with respect to such Promotion, and the terms of these Website and Trading T&Cs are to be read down or if necessary severed to the extent necessary to resolve the conflict or inconsistency.

17.4 Any Promotions will only apply within the promotion period specified in the Promotional Terms and only while stock lasts. Subject to applicable laws and your Non-Excludable Rights, we reserve the right to end or extend any Promotion.

17.5 Promotions cannot be applied to past purchases.

17.6 Promotions cannot be used in conjunction with other offers, unless otherwise specified.

17.7 You should ensure that you read the applicable Promotional Terms which apply to the specific Promotion before entering the relevant Promotion. By proceeding to enter the Promotion you agree and accept the applicable Promotional Terms.

 

18. CREATING AN ACCOUNT

18.1 When you purchase Goods and Services via certain Sites, you may create a user account by registering via the registration page on the relevant Site (Account). To register your Account, you must provide Apawrel with certain true and correct information about yourself as requested by the registration page.

18.4 If you create an Account, you must promptly notify and/or update your profile if any of your personal information is erroneous or changes from time to time.

18.3 For more information about cancelling, suspending or termination of your Account, see clause 31.

 

19. YOUR OBLIGATIONS

19.1 Generally, you agree:

19.1.1 You are responsible for the completeness and accuracy of information supplied to us. We may rely on this information to perform the services, customise and deliver products, and will not verify it in any way.

19.2 Site content and general information – you agree

19.2.1 Site Content and General information on Goods is not a substitute for professional advice

19.2.2 that the Site Content is intended to provide general information only. It is not in the nature of advice. While every effort is taken to ensure the information is accurate, we do not represent or warrant that this information is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person as a substitute for appropriate advice tailored to specific circumstances (such as veterinary advice or pet nutritionist or allergy advice for your pet’s circumstances)

19.2.3 Subject always to applicable laws and your Non-Excludable Rights you acknowledge and understand:

19.2.3.1 that the Site Content is intended to provide general interest information for the self-management of your pets health and wellbeing.

19.2.3.2 The Site Content does not provide veterinary clinical advice, nor is the Site Content intended to be used for the diagnosis, monitoring, treatment, alleviation of or compensation for injury, condition or disability.

19.2.3.3 If you are concerned about a specific injury, condition or disability of your pet, or are seeking clinical or nutritional advice, please consult your veterinary professional, including where you are not sure what Goods or Services are suitable for your pet.

19.3 Class and digital content and attendance – You agree to:

19.3.1 provide us promptly with all information, instructions and access to third parties we reasonably require to perform the services;

19.3.2 comply with the obligations set out in this agreement when attending a class;

19.3.3 provide adequate and safe facilities for us when we deliver a class at your premises.

19.3.4 You are permitted to use the training materials for the purpose of attending the training course. Except as permitted under this agreement, or with our prior written consent, you may not:

19.3.4.1 show or provide a copy of the training materials to any third party

19.3.4.2 alter or modify the whole or any part of the training materials nor permit the training materials or any part of them to be combined with, or become incorporated into, any other materials.

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20. USE OF YOUR ACCOUNT

20.1 Ordering and use of your Account, subject always to applicable laws and your Non-Excludable Rights you acknowledge and understand that:

20.1.1 you are responsible and liable for any person that uses your Account to order Goods or Services through the Sites or In-Store; and

20.1.2 we may charge you for all Goods or Services that we agree to supply to you that have been ordered using your Account through the Sites or In-Store.

 

21. PRIVACY AND SECURITY

21.1 If you make a purchase, create an Account, sign-up to receive emails, SMS and/or newsletters regarding our Goods and Services or blog posts, fill in a ‘contact us’ form, use the live chat function, or submit a customer review on our Sites, we will need to collect your personal information. Personal information collected by us will include, but is not necessarily limited to:

21.1.1 your first name and last name;

21.2.2 your email address;

21.2.3 your phone number;

21.2.4 the city where you live;

21.2.5 whether you have previously purchased the products or services; and

21.2.6 your opinion of our Goods or Services as expressed by the customer reviews you submit.

21.2 The collection, use, disclosure and handling of personal information is governed by our Privacy Policy (which is available by clicking on the Privacy Policy hypertext link located at the bottom of our Web pages), together with other terms such as our privacy collection statements.

21.3 You confirm that all of the information you provide to us, including any personal information, will be complete, true and correct.

21.4 You acknowledge that the internet is an inherently insecure communication medium, and your use of the Sites is at your own cost and risk. You must take your own precautions to ensure that the processes which you employ for accessing the Sites do not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system.

21.5 If you create an Account, you must keep all usernames, passwords and other security-based information secure and private at all times. If your username, password, or other security-based information is lost or stolen, you must notify APAWREL in writing and take any reasonable steps we advise you to take to mitigate the adverse impact of the lost or stolen security-based information at the earliest possible opportunity.

21.6 Subject to applicable laws, you agree that we have no responsibility for any use, misuse, loss, corruption, interception, or delay of information or data uploaded, downloaded, hosted, or otherwise communicated via the Sites.

 

22. USER GENERATED CONTENT

22.1 You may choose to submit information, content and materials, such as customer reviews of our Goods or Services or comments on our blog posts (User Generated Content) to the Sites and/or Apawrel.

22.2 You acknowledge and agree that if you choose to submit or post User Generated Content, you must own or have the right to submit that User Generated Content. User Generated Content that you submit must be your own opinion. You must not post or upload any User Generated Content that:

22.2.1 infringes any intellectual property rights (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

22.2.2 is unlawful or promote illegal behaviour;

22.2.3 is harmful, threatening, abusive or harassing;

22.2.4 incites violence or are graphical of violence;

22.2.5 is pornographic or exploit people in a sexual manner;

22.2.6 deceives or be likely to deceive any person;

22.2.7 impersonates any person (including APAWREL and APAWREL’s representatives) or falsely misrepresents your identity or affiliation with any person or entity (including APAWREL and APAWREL’s representatives);

22.2.8 is defamatory or libellous;

22.2.9 relates to gambling or alcohol or drug use;

22.2.10 promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;

22.2.11 is inaccurate, false, misleading or fraudulent;

22.2.12 consists of any Malicious Computer Program;

22.2.13 infringes or violates another’s rights including Intellectual Property rights;

22.2.14 invades another’s privacy;

22.2.15 includes photographs or images or another person or another person’s property without their consent;

22.2.16 reveals anyone’s identification documents or sensitive financial information;

22.2.17 is posted to disrupt the operation of the Site and/or its related services.

22.3 If you become aware or reasonably suspect that any User Generated Content on the Sites may infringe these requirements, you must promptly notify us in writing.

22.4 User Generated Content that you submit or share on a Site may be seen by other users of the relevant Site or third parties. Where we have made relevant settings available, we will use commercially reasonable efforts to honour the choices you make about who can see your User Generated Content.

22.5 You agree that Apawrel may:

22.5.1 edit or delete your User Generated Content;

22.5.2 link your User Generated Content to other material, including User Generated Content submitted by other users or material created by Apawrel , its related bodies corporate and/or other third parties;

22.5.3 use your User Generated Content for its business purposes, for example, displaying your User Generated Content in our marketing materials or on our Sites or social media pages;

22.5.4 directly or indirectly benefit from your User Generated Content; and

22.5.5 share your User Generated Content with its related bodies corporate, including other members of the Apawrel.

22.6 Apawrel does not promise to display any User Generated Content that you provide.

22.7 Apawrel does not claim ownership rights in your User Generated Content, however, by submitting your User Generated Content to a Site you are deemed to grant Apawrel (and its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence to use, copy, modify, distribute, publish, communicate to the public and process that User Generated Content in connection with the Sites without further consent from, or notice and/or compensation to, you.

22.8 By submitting and/or uploading your User Generated Content to a Site you consent to anything being done by Apawrel in respect of that User Generated Content that could otherwise amount to an infringement of your moral rights in such User Generated Content, and warrant that you have obtained such consent from all other authors of such User Generated Content.

22.9 We may, at our sole discretion, pre-screen, reject or remove any Data from our Site for any reason.

 

232. COOKIES

23.1 By using our Sites, you acknowledge and agree that we may use cookies or other similar tracking technologies on our Sites to help us track your Site usage and remember your preferences. More information about how Apawrel uses cookies and how you can enable or disable cookies can be found in our Privacy Policy.

 

24. PROHIBITED ACTIVITIES

24.1 When using a Site, you must not:

24.1.1 use the Sites for any activities that breach any laws or are contrary to any relevant standards or codes;

24.1.2 make fraudulent or speculative enquiries, purchases or requests through the Sites;

24.1.3 infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

24.1.4 reproduce any Site Content without our express written permission, which we may grant or withhold at our absolute discretion;

24.1.5 seek reimbursement from any other party for access to a Site or on-sell any information obtained from any Site or Service;

24.1.6 engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using a Site, conduct yourself in an offensive manner while using a Site, or use a Site for any illegal, immoral or harmful purpose;

24.1.7 submit, post, upload, email or otherwise send or transmit to a Site, or any users of a Site, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to any Site; or

24.1.8 interfere with a Site or networks underlying or connected to a Site or violate any of the procedures, policies or regulations of a Site or any networks connected to a Site.

24.2 Safety of our staff and other customers is paramount. When visiting us In-store, interacting with us online via our Sites or speaking to our customer service team via phone or other means, you must not engage in any unlawful, suspicious or unacceptable conduct such as:

24.2.1 any abuse or threatening behaviour via our Sites or In-Store (including any threat to staff welfare and safety);

24.2.2 attempted shoplifting or other unlawful activities; and

24.2.3 any breach of the Order and Purchase quantity limits set out in clause 10 of these Website and Trading T&Cs.

 

25. INTELECTUAL PROPERTY

25.1 Subject to clause 22.7, the entire contents and design subsisting in, relating to or arising out of the Sites or Services and available through or in connection with a Site or Service including copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Site Content) are the intellectual property of Apawrel, our content providers or our licensors, with all rights reserved.

25.2 The entire contents and design subsisting in, relating to or arising out of the Services including Digital Products or Classes and available through or in connection with a Service including copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Service Content, Class Content) are the intellectual property of Apawrel, our content providers or our licensors, with all rights reserved.

25.3 You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. You must not reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the material on a Site or from a Service, including audio and video excerpts, except as expressly permitted by statute or with Apawrel’s prior written consent.

25.4 No Site Content, nor Product and Services may be copied, modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to nor purport to authorise others use any data mining, robots, or similar data gathering and extraction methods in connection with a Site.

25.5 You may view a Site and the Site Content or Service Content using your web browser and save an electronic copy, or print out a copy, of parts of a Site solely for your own information, research or study, but only if you:

25.15.1 do not modify the copy from how it appears unless expressly authorised by Apawrel and then only in accordance with these Website and Trading T&Cs; and

25.5.2 include the copyright notice reasonably specified by APAWREL in writing on the copy.

25.6 When you send us any feedback or suggestions or complete a survey in relation to a Site, you agree that we can use any ideas, concepts, or techniques contained in the feedback, suggestions or survey responses. When you participate in any chat sites, forums or other activities involving the publication of User Generated Content that you provide in the public forum, you agree that we can reproduce, use and distribute those materials.

 

26. LINKED SITES

26.1 Third party websites

26.1.1 This clause 26.1 applies where we provide links to the websites of third parties but not where we provide links to websites belonging to, or operated by, Apawrel, or Apawrel Affiliates in which case, clause 26.2 applies.

26.1.2 We may provide links to third parties’ websites, use tracking and other technologies connected to third party websites or may divert your devices to third party websites from time to time (Linked Websites). Unless otherwise notified on a Linked Website, Linked Websites are not reviewed, controlled or examined by us in any way. The provision of links to Linked Websites does not mean that APAWREL endorses or recommends, or has any association with, the Linked Websites or the relevant third-party goods and services.

26.1.3 You acknowledge and agree that we are not responsible for any of the content, availability, advertising, products, services or other materials of any Linked Websites, or any additional links contained on Linked Websites, or the conduct of any person associated with a Linked Website.

26.1.4 Linked Websites may be subject to their own terms and conditions and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Website.

26.2 Apawrel and Appawrel Affiliate Sites

26.2.1 This clause 26.2 applies where we provide links to websites belonging to, or operated by, Apawrel or Apawrel Affiliates (Apawrel Affiliates).

26.2.2 We may provide links to the websites of Apawrel Affiliates or may divert your devices to the websites of Apawrel Affiliates from time to time (Affiliate Sites). The provision of links to Affiliate Sites are for your convenience only, such as Apawrel re-directing you to the Barkademy website if you wish to participate in classes and workshops from Barkademy.

26.2.3 The Partner Sites are subject to the terms and conditions and privacy policies of the relevant Apawrel Affiliate (if applicable). You should review and comply with the relevant terms and conditions if accessing Affiliate Sites.

 

27. AVAILABILITY

27.1 While we take reasonable steps to ensure the availability and security of the Sites, you accept that the Sites are provided on a ‘as is’ basis. We do not warrant that any Sites will be continuously available, and we will not be liable if any Site or any part of any Site is unavailable at any time or for any reason. We do not represent, warrant or undertake that any Site will be error, defect, ‘bug’ or ‘virus’ free.

27.2 The Sites are not a storage service, and you agree that we have no obligation to store, maintain or provide you with a copy of any User Generated Content that you provide, except to the extent required by applicable law or as provided in our Privacy Policy.

 

28. DISCLAIMER

28.1 The Site Content is intended to provide general information only. It is not in the nature of advice. While every effort is taken to ensure the information is accurate, we do not represent or warrant that this information is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person as a substitute for appropriate advice tailored to specific circumstances (such as veterinary advice or pet nutritionist or allergy advice for your pet’s circumstances).

28.2 The information on the Sites is provided on the basis that all persons accessing a Site undertake responsibility for assessing the relevance and accuracy of its content.

 

29. PERSONAL AND NON-COMMERCIAL USE LIMITATION

29.1 Unless otherwise specified, the Goods and Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, designs, patterns, instructional material, products or services obtained from the Services.

 

30. LIMITATION OF LIABILITY AND INDEMNITY

30.1 Without limiting any provisions of these Website and Trading T&Cs, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of any Site, including any viruses or other malicious software that may affect you while you use a Site or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including any transactions) made using a Site.

30.2 Nothing in these Website and Trading T&Cs is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation which may not be excluded, restricted or modified by agreement (Non-excludable Rights).

30.3 To the maximum extent permitted by law, except for any loss under clause 19 (Your Obligations), 21 (Privacy and Security), 22 (User Generated Content), 24 (Prohibited Activities) and 25 (Intellectual Property), under no circumstances will either party be responsible to the other party or any third party whether in contract, tort, in equity or under statue for any special, indirect, consequential, incidental or punitive damages, including damages for loss of opportunity, profits, revenue or goodwill.

30.4 Except for liability in relation to breach of any Non-excludable Rights and liability under clause 31.5, our total maximum liability to you in contract, tort (including negligence), statue or otherwise, is limited to one thousand Australian dollars (AUD $1,000).

30.5 To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to:

30.5.1 any replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or

30.5.2 replacement or repair if the Goods or Services fail to be of acceptable quality and the failure does not amount to a major failure.

30.6 You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs (including reasonable solicitor’s fees) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of your conduct in breach of the following clauses of these Website and Trading T&Cs:

30.6.1 10 (Ordering Limits);

30.6.2 19 (Your Obligations);

30.6.3 21 (Privacy and Security);

30.6.4 22 (User Generated Content);

30.6.5 24 (Prohibited Activities); and

30.6.6 25 (Intellectual Property).

30.7 Your liability under this clause 30.6 is reduced to the extent that Apawrel directly contributed to the loss.

 

31. TERMINATION, CANCELLATION, AND SUSPENSION 

31.1 This Agreement will continue in force until such time that it is varied or replaced.

31.2 You may cancel your Account at any time by notice to APAWREL at the contact details below. You may also cancel your Account by following the relevant instructions in the settings of the Apawrel App to delete your Account.

31.3 Cancelling your Account has consequences and will end your ability to access your Account and you will need to register again with Apawrel if you change your mind. Any data or personal information APAWREL has collected about you or your use of the Sites will be retained and destroyed in accordance with Apawrel’s Privacy Policy and applicable laws. In particular, and subject always to applicable laws, Apawrel reserves the right to delete any information or data that relates to your Account if your Account has been deleted for a period exceeding 30 days. Please be aware that Apawrel is legally required or otherwise permitted to retain certain records and information under a range of different laws. This means we may retain certain records and information associated with your Account even if it is cancelled or deleted.

31.4 Notwithstanding anything else in these Website and Trading T&Cs, Apawrel may immediately suspend or terminate your Account without notice or cause for any of the following reasons:

41.4.1 you breach any of these Website and Trading T&Cs; or

31.4.2 you have failed to provide correct personal information in accordance with clause 21.3.

31.4.3 Apawrel considers that you have done something that is detrimental to Apawrel’s business interests or reputation or those of any of its third parties.

31.5 Notwithstanding anything else in these Website and Trading T&Cs, Apawrel may suspend or terminate your Account with immediate effect in whole or in part by providing you with a written notice and without cause for any of the following reasons:

31.5.1 Apawrel has ceased to provide the Account functionality or part of the Account functionality; or

31.5.2 Apawrel’s business or contractual relationships with third parties require Apawrel to do so.

31.6 These Terms of Use automatically terminate if:

31.6.1 we cease to operate the Site;

31.6.2 you cease to access the Site;

31.6.3 you do not comply with these Terms of Use.

31.7 We reserve the right to rescind, suspend or terminate your access and use of the Site at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

31.8 Upon termination of this Agreement:

31.8.1 you must stop using your Account, the Services and our Confidential Information;

31.8.2 you must immediately pay any unpaid Services Fees; and

31.8.2 any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

 

32. GENERAL

32.1 Entire agreement: These Website and Trading T&Cs, together with any additional terms and conditions set out on any Site from time to time, constitute the entire agreement relating to its subject matter and supersede and cancel any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

32.2 Force majeure: We will not be in breach of these Website and Trading T&Cs or otherwise liable to you or any other person for any unavailability or failure of any Site, or the Goods or Services or any delay or other failure by us to comply with these Website and Trading T&Cs that is caused by or arises from any event or circumstances beyond our control.

32.3 Rights cumulative: The rights, powers, privileges and remedies provided under any provision of these Website and Trading T&Cs are cumulative and not exclusive of any rights, powers, privileges or remedies provided under any provision of these Website and Trading T&Cs or by applicable law or otherwise.

32.4 Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Website and Trading T&Cs will impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Website and Trading T&Cs will prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

32.5 Invalidity: Any clause or provision of these Website and Trading T&Cs held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a clause or provision as required by this clause, part or all of the provision or clause of these Website and Trading T&Cs will be severed from these Website and Trading T&Cs and the remaining clauses or provisions continue in force.

32.6 Interpretation: In these Website and Trading T&Cs, unless expressed to the contrary:

32.6.1 a person includes a firm, partnership, joint venture, association, corporation or other body corporate;

32.6.2 the word ‘includes’ in any form is not a word of limitation;

32.6.3 where a word or phrase is defined, another part of speech or grammatical form of that word of phrase has a corresponding meaning;

32.6.4 references to the singular include the plural and vice versa;

32.6.5 a gender includes all other genders; and

32.6.6 headings and sub-headings are for ease of reference only and do not affect the interpretation of these Website and Trading T&Cs.

32.7 Governing law: These Terms and Conditions are governed by and constructed in accordance with the laws of Victoria, Australia. In the event that a dispute arises from these Website and Trading Terms and Conditions, each of Apawrel and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. The Sites may be accessed throughout Australia and overseas. APAWREL makes no representation that the Site Content or Service Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access any Site or Service from outside Australia, you do so at your own risk and are responsible for ensuring that your access to the relevant Site or Service is not illegal or prohibited by laws which apply to you.

 

33. CONTACT US

If you have any questions about our Website and Trading T&Cs or concerns about our Sites, the Site Content or our Goods or Services, please contact us by:

• Phone: 0473 849 362

• ​Email: fetch@Apawrel.com.au

• ​Post: 3 Chaucer Crescent Bundoora, VIC 3083

​

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DEFINITIONS

Account has the meaning set out in clause 18.1.

Affiliate Sites has the meaning set out in clause 26.2.

Apawrel has the meaning set out in clause 1.2.

Apawrel Affiliate means businesses providing goods or services under businesses names registered to the same ABN as Apawrel including Barkademy.

Class or Classes means tutorials, lessons or workshops including all associated instructional information and materials, goods and/or services whether via online, access, virtual or in- person face-to-face.

Class Content or Service Content means any goods, materials or other supplies required for a Class including those goods, materials or supplies provided by Apawrel or Apawrel Affiliates as part of a Class or may also be available for purchase from Apawrel Affiliates via the Website and as defined in clause 25.2.

Custom order means any item that is designed, adjusted, made specifically for you and/or you pet using the measurements or choices you have provided.

Delivery Address means the address (or collection location) specified by you for the delivery of Goods that we will supply to you under these Website and Trading T&Cs.

Delivery Fee has the meaning set out in clause 6.1.3.

Digital Products means any pattern or instructional material purchases as a digital file transfer which you will receive electronically for you to print or use at home.

DIY Product means and products and services that provide you with instructional guides to make your own product and the resources and/or materials needed to create the product.

Dispatch means that the relevant Good(s) have been collected from us by the relevant the delivery service provider or by you.

Fees has the meaning set out in clause 6.

Goods are items in an Order, and include packaging.

Goods and Services has the meaning set out in clause 3.1.2.

GST means any goods and services or value added tax, or any similar turnover, sales or purchase tax or duty levied by any jurisdiction (including but not limited to any central, regional or local jurisdiction), and whether in Australia or internationally, including the goods and services tax imposed by the A New Tax System (Goods and Services) Act 1999 (Cth).

In-Store has the meaning set out in clause 3.1.2.

In-Store Purchase Price has the meaning set out in clause 6.1.2.

Linked Websites has the meaning set out in clause 26.1.

Non-excludable Rights has the meaning set out in clause 30.2.

Online Purchase Price has the meaning set out in clause 6.1.1.

Order means any order for a Good or Service submitted using a Site or In-Store.

Order Quantity has the meaning set out in clause 10.

Paw-parent means you, your, the human interacting with Apawrel, Apawrel sites, and/or our goods and services

Paw-Tester means you as the representative of your pet who may be offered Apawrel prototypes to try in exchange for user generated content that may be used promote Apawrel goods and services.

Purchase means any purchase made for a Good or Service In-Store.

Restricted Area has the meaning set out in clause 12.1.

Service means any service that may be ordered through a Site or In-Store.

Site Content has the meaning set out in clause 25.1.

Sites or Websites has the meaning set out in clause 3.1.

Social Media Sites means social media channels via Facebook, Instagram and associated messaging services that are operated by Apawrel.

Standard Product means any product, in stock and available to purchase immediately including prototypes, paw-tested, returned items, samples, items with standard sizes, fabrics and colours that you have not modified.

Sustainable apparel means 100% circular and sustainable pet clothing and accessories made of upcycled materials, deconstructed and redesigned second-hand clothing and remnants.

Third Party Partners has the meaning set out in clause 3.1.2

Third Party Platform has the meaning set out in clause 5.4.

Third Party Terms has the meaning set out in clause 5.4.

User Generated Content has the meaning set out in clause 22.

Website and Trading T&Cs means clauses 3 to 34 of these terms and conditions.