TERMS OF SERVICE

OVERVIEW

Welcome to Fortune Tail. The terms "we", "us" and "our" refer to Fortune Tail and FORTUNE TAIL PET CARE & SUPPLIES PTY LTD.

Fortune Tail 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"). Fortune Tail is powered by Shopify, which enables us to provide the Services to you.

These 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. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or other applicable laws that cannot lawfully be excluded, restricted or modified.

SECTION 1 - ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state or territory of residence, or that you have the necessary consent to use the Services.

To use certain Services, including purchasing products from our online store, you may be asked to provide information such as your email address, billing, payment and shipping information.

You agree that the information you provide is accurate, current and complete.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products. However, colours, appearance and other visual details may vary depending on your device, screen settings, photography and other factors.

Product descriptions, availability and specifications may be updated from time to time.

We reserve the right to discontinue products or limit quantities where reasonably necessary.

Nothing in this section limits any consumer guarantees or other rights available to you under the Australian Consumer Law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from Fortune Tail.

Orders are subject to acceptance and availability. We reserve the right to decline or cancel an order where reasonably necessary, including in cases of suspected fraud, pricing or inventory errors, payment issues or circumstances where we are unable to fulfil the order.

If we cancel an order after payment has been received, we will provide an appropriate refund.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or amendment requests once an order has entered processing or has been dispatched.

Returns and refunds are handled in accordance with our Returns & Refunds Policy and your rights under the Australian Consumer Law.

SECTION 4 - PRICES AND BILLING

All prices displayed on our Australian store are in Australian dollars (AUD), unless otherwise stated.

Prices, discounts and promotions may change from time to time. The price applicable to your purchase will be the price displayed at checkout when your order is placed.

Shipping charges, where applicable, will be displayed at checkout.

You agree to provide current, complete and accurate purchase, billing and account information for purchases made through our store.

You represent that you are authorised to use the payment method provided for your purchase.

Promotional offers may be subject to separate terms and conditions.

SECTION 5 - SHIPPING AND DELIVERY

Orders are shipped in accordance with our Shipping Policy.

Delivery timeframes displayed on our website or at checkout are estimates and may be affected by your location, carrier delays, peak periods, public holidays, weather events and other circumstances outside our reasonable control.

We will take reasonable steps to assist if an order is delayed, lost or damaged during delivery.

Nothing in this section excludes or limits any rights or remedies available to you under the Australian Consumer Law.

SECTION 6 - INTELLECTUAL PROPERTY

Unless otherwise indicated, the content available through the Services, including our brand names, logos, text, images, graphics, designs, videos, audio and other materials, is owned by or licensed to Fortune Tail and is protected by applicable intellectual property laws.

The Services and their content are provided for your personal, non-commercial use.

You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use our content without our prior written permission, except where permitted by law.

Fortune Tail's names, logos, product names, designs and slogans may be trademarks or other intellectual property of Fortune Tail or its licensors.

Shopify's names, logos and other intellectual property belong to Shopify or its respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools, applications or services supplied by third parties.

We do not necessarily control or monitor these third-party tools. Your use of them may be subject to the relevant third party's own terms and policies.

To the extent permitted by law, we are not responsible for third-party tools or services outside our reasonable control.

We may introduce new features, tools or resources to the Services from time to time.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

We are not responsible for the content, accuracy, availability, privacy practices or other practices of third-party websites that are outside our control.

If you choose to access or purchase from a third-party website, you should review that third party's applicable terms and policies.

Nothing in this section limits liability that cannot lawfully be excluded.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Fortune Tail is powered by Shopify, which provides technology that enables us to operate our online store.

However, purchases made through our store are transactions directly between you and Fortune Tail.

Shopify is not the seller of Fortune Tail products and is not responsible for fulfilling your order or providing remedies in relation to products purchased directly from Fortune Tail, except to the extent required by applicable law or separately agreed by Shopify.

SECTION 10 - PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.

Because our store is hosted by Shopify, Shopify may collect and process certain personal information in connection with your access to and use of the Services.

Information may also be processed by service providers that assist us in operating our store, processing payments, delivering orders, providing customer service, marketing or otherwise providing the Services.

Please refer to our Privacy Policy for further information.

SECTION 11 - FEEDBACK AND REVIEWS

If you voluntarily submit reviews, photographs, comments, suggestions, feedback or other content to Fortune Tail, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display that content for purposes connected with operating, improving and promoting Fortune Tail and our products, subject to applicable law.

You represent that you have the necessary rights to submit such content and that it does not infringe the rights of another person.

We may remove content that we reasonably consider unlawful, misleading, abusive, offensive or infringing.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, availability or other information.

We may correct genuine errors and update information where reasonably necessary.

If an error materially affects an order you have already placed, we will contact you where appropriate and provide any remedy required under applicable law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services to:

• violate applicable laws or regulations;
• infringe intellectual property or other legal rights;
• transmit malicious software or harmful code;
• engage in fraud or provide deliberately false or misleading information;
• harass, threaten, abuse or harm another person;
• collect personal information unlawfully;
• interfere with the security or proper operation of the Services;
• engage in unauthorised scraping, automated extraction or other activities that place an unreasonable burden on the Services; or
• use the Services for any other unlawful or malicious purpose.

We may restrict or terminate access to the Services where we reasonably believe these Terms have been materially breached.

SECTION 14 - AUTOMATED TOOLS AND AGENTS

Automated tools, bots, agents or similar technologies must not access or interact with the Services in a way that circumvents security measures, access restrictions, CAPTCHAs or other technical protections.

We may use reasonable technical measures to control automated access to the Services.

Nothing in this section prevents lawful use of generally available search engines, accessibility tools or other technologies where such use complies with applicable law and our reasonable technical requirements.

SECTION 15 - TERMINATION

We may suspend or terminate access to some or all of the Services where reasonably necessary, including where these Terms have been materially breached or where required for security, legal or operational reasons.

Any provisions that by their nature should continue after termination will remain in effect.

Termination does not affect any rights or obligations that arose before termination.

SECTION 16 - WARRANTIES

We aim to provide accurate and reliable information through the Services, but website content may occasionally contain errors or become temporarily unavailable.

To the maximum extent permitted by law, we do not guarantee that access to the Services will always be uninterrupted, secure or error-free.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, Fortune Tail will not be liable for indirect, incidental, special or consequential loss arising from use of the Services where such loss could not reasonably have been anticipated.

Nothing in these Terms excludes, restricts or modifies liability, consumer guarantees or other rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable laws.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Fortune Tail against reasonable losses, liabilities and costs arising directly from your unlawful use of the Services, your material breach of these Terms, or your infringement of another person's legal rights.

This obligation does not apply to the extent that a loss was caused or contributed to by Fortune Tail or where such an obligation cannot lawfully be imposed.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary, and the remaining provisions will continue in effect.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right under these Terms, that does not mean we waive that right.

These Terms, together with policies and other terms expressly incorporated into them, form the agreement governing your use of the Services.

Nothing in this section excludes representations, guarantees or rights that cannot lawfully be excluded.

SECTION 21 - ASSIGNMENT

You may not assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may assign or transfer our rights and obligations where reasonably necessary in connection with our business, provided this does not reduce any rights you have under applicable law.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws applicable in South Australia, Australia.

You and Fortune Tail submit to the jurisdiction of the courts of South Australia and any courts entitled to hear appeals from those courts, subject to any rights you may have under applicable consumer protection laws.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We may update these Terms from time to time to reflect changes to our Services, business practices or applicable laws.

The most current version of the Terms will be available on this page.

Where required by applicable law, we will provide appropriate notice of material changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

FORTUNE TAIL PET CARE & SUPPLIES PTY LTD
Email: hello@fortunetailpet.com
Adelaide, SA 5000, Australia
ABN: 70 698 255 391