Terms of service
OVERVIEW
Welcome to Birds of a Feather Play Project! The terms "we", "us" and "our" refer to Birds of a Feather Play Project. Birds of a Feather Play Project 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"). Birds of a Feather Play Project 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, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
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 to these Terms of Service or Privacy Policy, 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 in our store 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 license 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 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 of products purchased will be identical to how they are displayed on your device.
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.
Nothing in this section excludes or limits any rights or consumer guarantees that cannot be excluded under the Australian Consumer Law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Birds of a Feather Play Project reserves the right to accept or decline your order where permitted by law. Your order is not accepted until Birds of a Feather Play Project confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it.
Orders may be cancelled for change of mind within 24 hours of purchase, provided preparation or packing of the order has not already begun. Once an order has entered preparation or packing, it can no longer be cancelled for change of mind.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing information and/or phone number provided at the time the order was made.
Purchases are subject to 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
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.
Prices are displayed in Australian dollars (AUD). Where a product is advertised as including free standard shipping Australia-wide, no additional standard shipping charge will be added to that order. Any other applicable charges will be clearly displayed at checkout before you complete your purchase.
Prices posted in our online store may be different from prices offered through other sales channels. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices and any applicable charges disclosed before purchase.
SECTION 5 - SHIPPING AND DELIVERY
Delivery timeframes are estimates only and may be affected by Australia Post delays or events outside our reasonable control.
Wild Explorers adventures are dispatched twice each month, on the 15th and the last day of the month. Orders close at 5pm the day before each dispatch date. Orders placed after the cutoff will be included in the next scheduled dispatch.
Wild Explorers adventures are sent via Australia Post Large Letter and do not include tracking. Standard shipping is free Australia-wide.
Please ensure your delivery address is correct when placing your order. Address changes must be requested at least 48 hours before your scheduled dispatch date. We cannot guarantee that changes requested after this time can be made.
If an incorrect address was supplied and an order has already been dispatched, replacement and additional postage costs may be the customer's responsibility where permitted by law.
If your order has not arrived after a reasonable delivery period, please contact us so that we can assist. Where an adventure is considered lost in transit, we will arrange an appropriate remedy in accordance with our Refund Policy and your rights under the Australian Consumer Law.
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 Birds of a Feather Play Project, its affiliates or licensors and are protected by applicable copyright, trademark and other intellectual property laws.
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, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent, except as permitted by law.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any trademark, copyright or other intellectual property of Birds of a Feather Play Project, Shopify or any third party.
All rights not expressly granted herein are reserved by Birds of a Feather Play Project.
Birds of a Feather Play Project's names, logos, product and service names, designs and slogans are the intellectual property of Birds of a Feather Play Project or its licensors, as applicable. They must not be used without prior written permission.
Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
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, except to the extent that such warranties or conditions cannot lawfully be excluded.
Any use by you of optional tools offered through the site is at your own risk and discretion, subject to applicable law, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features will also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access, except to the extent required by applicable law.
If you decide to leave the Services to access third-party materials or websites, you do so subject to the terms and policies of those third parties.
Please review third-party policies and practices before engaging in any transaction with them. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Birds of a Feather Play Project 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 Birds of a Feather Play Project.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Birds of a Feather Play Project, including any injury, damage or loss resulting from purchased products and services, to the extent permitted by applicable law.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may 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 in order to provide and improve the Services for you.
Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside in order to provide services to you.
Please 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, plans or other content (collectively, "Feedback"), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for purposes related to operating, improving and promoting our Services, subject to applicable law.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or other rights.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You are responsible for the Feedback you provide and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information where appropriate, subject to applicable law.
Nothing in this section limits your rights under the Australian Consumer Law.
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 applicable laws or regulations; (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 or intimidate any person; (e) to transmit false or misleading information; (f) to send advertising or promotional material including junk mail, chain letters or spam; (g) to impersonate another person or entity; or (h) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services.
You must not upload or transmit viruses or other malicious code, reproduce or exploit portions of the Services without permission, collect or track the personal information of others, spam, phish or interfere with or circumvent security features of the Services.
We reserve the right to suspend, disable or terminate access to the Services where we reasonably determine that these Terms have been violated.
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 software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision.
No Agent may access, use or interact with Services unless it identifies itself and operates in accordance with applicable requirements and any reasonable technical measures we employ.
We may limit, including by technical measures, whether and how an Agent accesses, uses or interacts with Services.
Agents must not conceal or misrepresent their automated nature, circumvent CAPTCHAs or other measures designed to distinguish computer use from human use, or bypass measures intended to block, limit, modify or control automated access to the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, where permitted by law, and you will remain liable for amounts properly due up to and including the date of termination.
Provisions that by their nature should survive termination will continue to apply following termination, including provisions relating to Intellectual Property, Privacy, Feedback and applicable liabilities.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes.
To the extent permitted by law, we do not guarantee that use of the Services will be uninterrupted, timely, secure or error-free.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Birds of a Feather Play Project and its service providers will not be liable for indirect, incidental, special or consequential loss arising from your use of the Services where such liability may lawfully be excluded.
Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Birds of a Feather Play Project against losses, damages, liabilities or claims arising from your material breach of these Terms, your violation of applicable law or your infringement of the rights of a third party.
Nothing in this section limits any rights or protections available to you under applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law and the unenforceable portion will be deemed severed from these Terms.
The determination will not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us in respect of the Services constitute the agreement between you and us governing your use of the Services, subject to any rights you have under applicable law.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.
We may transfer or assign our rights and obligations where permitted by law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services are governed by the laws applicable in New South Wales, Australia.
Nothing in this section limits any rights you may have under the Australian Consumer Law or other applicable laws.
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
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace parts of these Terms by posting updates and changes to our website, subject to applicable law.
Where required by law, we will provide notice of material changes. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Birds of a Feather Play Project
Email: birds.oaf.playproject@gmail.com
ABN: 36 109 672 593