Additional Terms Of Service For Customers  

These Additional Terms of Service for Customers (“Terms”) apply to all customers, or all potential customers of  Caring Canary [ABN 91198398070] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any customer of ours. If you do not agree, you cannot purchase any of our products online. We may change this Agreement at any time, and by continuing to use or access our website and services, you are accepting those changes. 
 BEFORE PURCHASE 
 Things you must do before purchasing Products on our website 
You must: 
  • be 18 years old or have parental consent; 
  • provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information; 
  • pay for the Product via the published payment methods available; 
  • have any special offer coupons ready as they must be used at the time of purchase to apply; they cannot be applied retrospectively; 
  • be careful with your order because after placing an order we may not be able to cancel it as it will have been processed and paid for by us. 
 How it works 
Our Products are Care Packages and include various products as advertised on our website. Where you request specific items, we will create a Care Package for you with those items requested. We will send an invoice for your Care Package. 
 
Substitutions 
Where an item you select to be included in a Care Package is unavailable we may, at our sole discretion, substitute the item with another item of the similar or greater value. Where multiple items are unavailable we will use our reasonable endeavours to notify you of their unavailability and seek your instruction as to alternative items.  
 
Acknowledgements you make when purchasing on our website 
You acknowledge and agree that there may be: 
  • occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions; 
  • colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products; 
  • Products we display that are only available through our website; and 
  • some Products with limited quantities, and some sales that are limited to certain regions or groups of people. 
 Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.  
You further acknowledge and agree that our Products can spoil if not refrigerated, such as chocolate or marshmallows. You agree to accept the risk in the Products from the time of delivery, whether you are there to receive the Products in person or not.  
AFTER PURCHASE 
Things you must do after purchasing on our website 
You must: 
  • contact Australia Post or the courier company directly if you have late, stolen, or damaged deliveries; 
  • comply with the manufacturer’s or our instructions in relation to the Product; 
  • contact us by email at hello@caringcanary.com.au if you have any issues with the Product and require a refund; -  please contact us within 48 hours; 
  • seek our prior written consent before any publication of information about us; and 
  • in the case of a dispute keep all communications confidential. 
Things we’d love you to do after purchasing on our website 
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use  them  for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels. 
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at hello@caringcanary.com.au 
OTHER MATTERS YOU SHOULD BE AWARE OF 
We may change information on our website and store 
Except as required by law, we may at any time, and without prior notice to you: 
  • change and update information including shipping charges, delivery times, availability and promotions; 
  • change prices or descriptions of our Products; 
  • change our range of Products, or discontinue Products and/or 
  • cancel orders if information is inaccurate. 
We make deliveries at your option and your cost 
We deliver Products purchased through our website to the areas that are published on our website. We will process your delivery upon receipt of payment, and send your Products via Australia Post or a reputable courier company. On occasion we will deliver the Products ourselves. Delivery times will depend on your selected delivery option.  
We comply with the Australian Consumer Law 
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. 
Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturer's or our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information. 
If we need to cancel your order we will provide a refund 
Except as required by law, all sales for our Products are non-transferable and non-refundable. On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission. We do not provide refunds except as required under the Australian Consumer Law. 
We can refuse to serve you and sell Products at any time 
We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Products, or stop any services. 
LIABILITY AND INDEMNITY  
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Product. 
 
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:- 
  • the replacement of the products or the supply of equivalent products; or 
  • the payment of the cost of replacing the products or of acquiring equivalent products. 
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for. 
 You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement. 
 
IF THERE IS A DISPUTE  
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs. 
OTHER  
This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement. 
DEFINITIONS 
 
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.  
Agreement means these Terms and all other terms and conditions and policies published or linked to on our website.  
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.  
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.  
Products means any product available through our website, and includes any products included in our Care Packages. 
We, us, or our means Lisa Kylie Lonsdale t/as Caring Canary [ABN 91198398070] and includes any of our employees, agents, partners, and contractors. 
Website and services means www.caringcanary.com.au, and everything available on this website including, but not limited to, all Products and any services.