1.1 Your use of Animal Apps' apps, products, software, services and website ("Services") is subject to the terms of a legal agreement between you and Animal Apps. "Animal Apps" means Carbon Areion Pty Ltd ABN 83 616 769 870. This document explains how the agreement is made and sets out the terms of that agreement.
1.2 These Terms and Conditions form a legally binding agreement between you and Animal Apps in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the "Terms".
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Animal Apps in the user interface for any Service; or
(B) by using the Services. In this case, you understand and agree that Animal Apps will treat your use of the Services as acceptance of the Terms from that point onwards.
3.1 Animal Apps is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Animal Apps provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that Animal Apps may stop (permanently or temporarily) providing the Services (or any feature of the Services) to you or to users generally at Animal Apps' sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to inform Animal Apps when you stop using the Services.
4.1 You agree to use the Services only for the purposes that are permitted by (a) the Terms and (b) any applicable law (including any law regarding the export of data or software to and from Australia or other relevant countries).
4.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.3 Unless you have been specifically permitted to do so in a separate agreement with Animal Apps, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.4 You agree that you are solely responsible for (and that Animal Apps has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage which Animal Apps may suffer).
5.1 Prices for the bridle pouch or other products we supply you ("Products") and Services are as shown on the Animal Apps website or a store (such as Apple Inc.'s App Store) where you can purchase an Animal Apps app.
5.2 Animal Apps reserves the right to change the prices of Products and Services at any time without notice to you. The price displayed at the time that you place your order for Products ("Order") will continue to apply to you even if the price changes before your order is accepted by Animal Apps.
5.3 In addition to the price for the Products, you must also need to pay the specified delivery charge (if any) ("Delivery Charge"). Any Delivery Charge will appear in your shopping cart.
5.4 In addition to the price for the Products and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which Animal Apps incurs because you live in an area to which our courier company does not provide a door-to-door service ("Additional Delivery Charge"). These may include, without limitation, remote islands such as Christmas Island and Norfolk Island in Australia. Such charges may apply even where the item is shown on the Apple Apps website as having "free delivery", "free freight" or something similar. If you live in an area to which an Additional Delivery Charge will apply Animal Apps will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Animal Apps will cancel your Order. Animal Apps will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
5.5 If Animal Apps agrees to deliver Products outside of Australia, international delivery charges will apply ("International Delivery Charges"). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart. You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customs or import duties.
5.6 By placing an Order you agree to pay the price for the Products, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
5.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in USD dollars.
6.1 You can place an Order by following the instructions on the Animal Apps website.
6.2 An Order submitted by you is an offer by you to purchase the Products for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Animal Apps may accept or reject your offer in its absolute discretion. In particular, but without limitation, Animal Apps may reject Orders for commercial quantities of Products. If you wish to order commercial quantities of Products please contact.
6.3 Each Order that you place will, if accepted by Animal Apps, be a separate and binding agreement between you and Animal Apps with respect to the supply of the Products ordered, in accordance with these Terms.
6.4 Please ensure that you enter all information carefully when placing an Order. You warrant to Animal Apps that all information provided by you in relation to each Order is complete, true and accurate.
6.5 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Animal Apps. Animal Apps will use reasonable endeavours to cancel or change the Order if it has not already been shipped, but makes no representation that it will be able to do this.
6.6 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Animal Apps will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Animal Apps, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6.7 Where you place separate Orders the Products will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge and/or International Delivery Charge, if applicable) will apply to each Order. Animal Apps cannot consolidate separate Orders into one delivery.
6.8 When Animal Apps accepts an Order it represents an agreement by Animal Apps to supply the Products to you in accordance with your Order subject to receiving payment from you and subject to these Terms.
6.9 You must pay for Products by credit card (Visa or MasterCard) or PayPal account. By providing your credit card information you authorise Animal Apps to deduct the price and the applicable delivery charge(s) from your card.
6.10 Animal Apps reserves the right to change the payment methods that can be used for Orders at any time.
6.11 Animal Apps may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Animal App reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.12 Products that you have ordered will not be dispatched to you until your payment for the Products has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
6.13 Animal Apps reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Animal Apps may do this for example, but without limitation, where:
(A) Animal Apps' suppliers are unable to supply Products that they have previously promised to supply;
(B) an event beyond Animal Apps' control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Animal Apps is unable to supply the Products within a reasonable time.
6.14 We endeavour to ensure that all information on our apps and website, including the details, descriptions and prices of our products, is accurate. However, errors may occur from time to time. We reserve the right to cancel an Order (or part of it) prior to shipment where the apps or website contained errors or inaccuracies, including, without limitation, out-of-date information and incorrect pricing, and misdescriptions or incorrect details regarding shipping, payment or return policies (all, Inaccuracies). Upon discovery of an Inaccuracy, we will contact you as soon as practicable to discuss a replacement Order.
6.15 If Animal Apps cancels your Order after acceptance, it will send you an email notifying you of the cancellation. If Animal App cancels your Order after payment has been processed, Animal Apps will refund any money paid in respect of that Order
7.1 Risk and title in Products pass to you on the date and time of delivery of the Products to the delivery address provided in your Order.
7.2 Delivery times for Products you order are specified on the Animal Apps website. Animal Apps does not warrant or represent that Products ordered by you will be delivered in accordance with those delivery times and will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your ordered Products not being delivered in accordance with those delivery times, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7.3 You should inspect delivered Products and tell us in writing within 7 days of delivery if the Products are damaged or defective.
7.4 Our returns policy is defined below.
8.1 For information about Animal Apps' data protection practices, please read Animal Apps' privacy policy. This policy explains how Animal Apps treats your personal information and protects your privacy when you use the Services.
8.2 You agree to the use of your personal information in accordance with Animal Apps' privacy policy.
This policy is in addition to, and does not limit your rights with respect to, the consumer guarantees under the Australian Consumer Law or any other rights or remedies that you have under law in relation to the supply of goods.
If you are a consumer, you may be entitled to the benefit of statutory consumer guarantees in respect of products purchased from Animal Apps. In accordance with the Australian Consumer Law, you are entitled to a replacement or refund for a major failure. Please email info@foalapp.com with details of the failure/fault and we will organise a replacement or refund.
For voluntary returns you can return your ordered products within 30 days of the delivery date if they are still in new, unused condition and still in the original packaging. Please email info@foalapp.com to request to return your product, including the reason for the return. After your return is received at Foal App, allow five business days for us to process your return and submit a refund to your original form of payment.
PLEASE NOTE: Returns forfeit all shipping and handling fees.
If you have any questions about these terms or need clarification on any aspect of our service, please don't hesitate to get in touch.
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