SUNDOGZ™ Terms and conditions of use and sale

Welcome to www.sundogzstaged2.wpengine.com
This website and the SUNDOGZ application is owned by KFJ Group Pty Ltd ABN 47 619 458 034, an Australian company, trading as SUNDOGZ™, (“we”, “us” or “SUNDOGZ™”).  We are the registered owners of the SUNDOGZ™ Trademark and the Australian Provisional Patent Application No. 2016905202.

Our address is PO Box 1047, Park Ridge, Queensland, 4125. Our contact number is: 0458 827 007.

If you continue to use this website or download the SUNDOGZ™ application (if any), you agree to these terms and conditions of use, our privacy policy and security policy. You should carefully read and understand these terms before using the website, the application or purchasing any of our products.

If you purchase a product from this website or from us directly, you must agree to these terms and conditions and will be asked to review them and agree to those terms before we accept your order.

These terms and conditions are governed by the law of Queensland, Australia and you agree to submit to the exclusive jurisdiction of the courts located with Queensland should any dispute arise.

Using our website and application

This website and the application (if any) is intended for use in Australia only.

Your account

If you create an account on our website or our application (if any), you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When communicating through your account to us or via the application please use respectful and appropriate language.

Links disclaimer

This website or the application may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Website Promoted Services - disclaimer

If we promote third party products or services via our website and it is because they have provided sponsorship, donations or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

Application third party services, locations or recommendations

Our application is intended to provide you with links to a variety of services, locations and activities which may be useful for you and your pet.   The services, locations and activities are not intended to be complete, exhaustive or up to date.  The information available on the application is dependent on the quality of the information on the third party links.  You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

No unlawful or prohibited use

As a condition of your use of this website and the application, you warrant that you will not use this website or the application for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website or the application in any manner which could damage, disable, overburden, or impair this website or application or interfere with any other party's use and enjoyment of this website or the application. You agree not to hack into areas of this website or the application that are not intentionally made available to you.

You expressly agree not to:

  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval
  • engage in any internal or external spamming, or other similar actions
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
  • decompile, reverse engineer, or try to copy or imitate this website, the application or underlying content.

When using our application, you must not:

  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or send communications that contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm us or any other users;
  • copy, modify, or distribute any other person’s content without their consent;
  • harvest or otherwise collect information about others, including email addresses, without their consent.

Copyright, Trademarks and other Intellectual Property

SUNDOGZ™ owns the intellectual property rights in the content of this website and the application, or has permission to use or display the material on this website or the application. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website or application content in whole or in part except as expressly authorised by us.

Permission

You may access, download, or print material from the website or the application for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website, the application or any site accessible through this website or the application.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website or application content or our intellectual property.

Your content

You warrant that you hold the necessary rights and interests to use any material you add to our website, application or social media pages (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trade mark rights.

By submitting your content to our website or our application, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose. You indemnify us against any claims made for breach of intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

Copyright infringement

If you believe that there is material on our website or our application that infringes third party intellectual property rights, please contact [email protected] with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will use reasonable endeavours to remove it from our website or our application.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

We make efforts to maintain the security of our website and application. However, we do not guarantee the security of the website, the application our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website or the application is dependent upon third party services. As a result, the website may be inaccessible from time to time.

Terms and Conditions of Sale

Australia

We ship products Australia wide.  We do not accept international orders through our website currently, please contact us at [email protected]  to enquire about a special order.

Pre-purchase

Between September and December 2018, we are running a pre-purchase campaign.  The campaign is open until December 2018.  We may in our discretion extend or end the pre-purchase campaign.  During the pre-purchase campaign you are able to pre-order a SUNDOGZ™ and other products.   If you pre-order at the checkout you will be given an introductory offer and may be provided with a gift/s from us.   Delivery for a pre-purchased SUNDOGZ™ is expected for December 2018.  This delivery date is subject to completion of our first production run.  We will seek to keep you updated in relation to the expected dispatch dates for a pre-purchased SUNDOGZ™.

If you do need to cancel a SUNDOGZ™ pre-order you may only do this prior to the product being packaged and processed for shipment.   To cancel a pre-order, you must contact us and we will determine whether the product has already been product being packaged and processed for shipment.  If it has not been packaged and processed for shipment, we will attempt to cancel the order and arrange a refund.  The refund may take up to 15 business days to process.   We will charge a processing fee calculated at $10 per transaction.

Ordering

To order through our website payment for the product must be made by via STRIPE payment gateway or via credit card.  We supply directly to consumers only. You are not authorised to on-sell SUNDOGZ™ for commercial purposes.   You are not permitted to use our trademark or any of our content.

On receipt of any order, we reserve the right to refuse any order:

  • for more than 2 SUNDOGZ™, or
  • if we form a view that the order may be false or fraudulent, or
  • we would be restricted as law from supplying to you.

Should you wish to enquire about wholesale purchase please contact us directly on "mailto:[email protected]"

Wherever appropriate, we may require you to provide proof of identity prior to fulfilling your order. The purpose for validating your identity is to provide our customers with a secure, smooth, efficient, and customised experience and to avoid participating in any form of identity theft or fraud. After your identity has been validated, any information you provided will be securely destroyed and is not stored in any way. Should you choose not to confirm your identity, a full refund will be provided.

If you have been asked to confirm your identity, we will accept any of the following forms of identification:

  • A current Australian driver’s licence, passport (or one that expired within the last two years), a green or blue medicare card, a pensioner concession card, Department of Veterans' Affairs entitlement card or any other current entitlement card issued by the Australian Government
  • An account statement or letter up to 12 months old, issued by a bank, building society, credit union, American Express or Diners Club International, which includes:
    • your family name and first given name in full
    • your residential or mailing address Account number or account type
    • the financial institute letterhead or financial institute branch stamp
  • A telephone, gas or electricity bill, or water rates, council rates or land valuation notice up to 12 months old
  • A current student identity card displaying your photograph, issued by an Australian secondary school, TAFE or university. Where a student identity card has an issue date but no expiry date, it may be accepted up to two years from the date of issue.

Pricing

Unless otherwise specified on the website, all products are priced in Australian Dollars (AUD), include GST and shipping costs within Australia only.

If the shipping cost is not included in the price, the shipping cost is calculated at the checkout.   Shipping costs are calculated based on the product size, weight, handling, and delivery postcode, suburb and method of delivery.

We reserve our right to change our prices, without notice, at any time.

In the event a product is displayed in error or a pricing error has occurred, we will contact you as soon as possible and if requested by you we will cancel the order.

Shipping and delivery

Products ordered through this website are delivered in Australia using SENDLE, Mailman or Australia Post.  We may use other shipping methods at our discretion if a better method is available.

Shipping costs are included in the cost of SUNDOGZ™ products within Australia only.  If the price of a product specifically excludes shipping costs, the shipping costs will be calculated and determined by the size and weight of the SUNDOGZ™ product and your location.

Once SUNDOGZ™ products are ready for shipment, we will fill and dispatch orders each week.  Shipping times are estimated at between 3 - 15 business days depending on your location within Australia.

Risk and title to products

Title to any product purchased from us will pass to you upon receipt by us of cleared funds.  Risk for loss or damage of the product passes to you when the product leaves our factory.

Use of SUNDOGZ™ Products

You must use SUNDOGZ™ in accordance with the instructions included with your product and exercise care when using the SUNDOGZ™.

The purpose of SUNDOGZ™ is as a portable and temporary accessory to assist you to access the great outdoors with your dog.  It is not intended or designed to be used as permanent tether for your dog.   Dogs must be supervised, by an adult, at all times while tethered to a SUNDOGZ™.

You are responsible at all times for caring and supervising your dog.   Only tether one dog to a SUNDOGZ™.   SUNDOGZ™ is for dogs only.

SUNDOGZ™ is a recreational product for the average dog and is not intended or designed to tether specially trained dogs (e.g Police dogs, military service dogs, security dogs, guard dogs etc.).  Do not use your SUNDOGZ™ umbrella in windy conditions.

Cancellation, return and exchange policy

We do not accept any return or exchange of a SUNDOGZ™ unless:

  • you receive a damaged or defective product and you return the product to us within 30 days of receipt, or
  • the product, material or workmanship is defective, when used as designed and in accordance with the instructions and you return the product to us within 12 months of receipt.

If your SUNDOGZ™ is returned as required and is subject to a defect, we will either repair or replace your product with a new SUNDOGZ™.

We will not replace or refund your product if:

  • the rejection period set out above has ended for the return of the product
  • the product has been lost, destroyed or disposed of by you
  • the product was damaged after being delivered to you for reasons not related to their state or condition at the time of supply.

If you do need to cancel a SUNDOGZ™ product order or pre-order you may only do this prior to the product being packaged and shipped.   To cancel an order or pre-order you must contact us, and we will determine whether the product has already been packaged and processed for shipment.  If it has not been packaged and processed for shipment, we will attempt to cancel the order and arrange a refund.  The refund may take up to 15 business days to process.   We will charge a processing fee calculated at $10 per transaction.

Our liability and the Australian Consumer Law

Liability when purchasing SUNDOGZ™

The Australian Consumer Law in the Consumer and Competition Act 2010 (Cth) sets out certain rights, warranties, guarantees and remedies relating to the provision of goods to a ‘consumer’ (as that term is defined in the Australian Consumer Law).

If you are a ‘consumer’, the consumer guarantees set out in the Part 3-2, Division 1, Subdivision A of the Australian Consumer Law apply to SUNDOGZ™ products purchased by you.   Except as set out in this paragraph and as required by law, we expressly disclaim all other warranties of any kind.

Our liability to you (and any person claiming through you) is limited to repairing or re-supplying any product purchased from us by you.

Under no circumstances will we be liable to you for any economic loss, loss of goodwill, loss of reputation or loss of profit.

No liability for use of the application

You agree not to hold us responsible for things other users post when using the application.   We cannot control what others may do, say or how they conduct themselves and we are not responsible for their actions.  As most of the content on the application comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered.

If you have a dispute with one or more users of the application, you release us from any and all claims, demands and damages of any kind, known or unknown arising out of or in any way connected to the dispute.

Indemnity

To the extent permitted by law (including the Australian Consumer Law), you will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) 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, use of the SUNDOGZ™ website, use of SUNDOGZ™ products purchased by you, or breach of these terms and conditions.

General Terms

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this website and application.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or the application, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions together with our privacy policy form the entire agreement between you and us in respect of your use of this website, the application and the sale of our products.

Amending these terms

We may, at any time and in our sole discretion, update our terms from time to time and the new provisions will apply from the date they are updated.

Privacy Policy

We collect your information to identify your orders, provide you with our email updates and new product releases.  The information we collect includes name, address, email, telephone numbers, matters relevant to our product and credit or debit card details.  If you do not wish to receive updates from us you may opt out at any time.

We take all reasonable steps to securely store all information collected in a secure database, which may be operated by a third party. We will not sell any of your personal details to a third party for any purpose other than to provide you with information about SUNDOGZ™ products or to supply you with SUNDOGZ™ products.

When purchasing from KFJ Group Pty Ltd your financial details are passed through a secure server using the latest 256 SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please email [email protected]

KFJ Group Pty Ltd uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from KFJ Group Pty Ltd, only last while you are browsing the SUNDOGZ™ website or application. Cookies also allow us to give you a more personalised shopping experience by displaying products that may interest you throughout our product pages, thus providing a more friendly, interesting and enjoyable shopping experience.  We may also use external service providers to track the traffic and usage on the website or the application.

Whenever you use our website or application, or any other website, the computer on which the web pages are stored (the web server) needs to know the network address of your computer so that it can send the requested web pages to your internet browser. The unique network address of your computer is called its "IP address," and is sent automatically each time you access any internet site. From a computer's IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous. We may use external service providers to track the traffic and usage on the website and application to assist us to understand how our website and application is being accessed and to improve our website, application and service.

Promotion Rules

If we run any competition through our website, application or associated social media, the competition will be limited to one entry per household and will be limited to Australian residents only.

We reserve our right to:

  • cancel or withdraw any competition at any time
  • withdraw or refuse to accept at any entry at any time and at our discretion

If you win, we will endeavour to contact you as soon as possible following the close of the competition, via the email address you have provided.   If we cannot contact you or you do not respond within 7 days of our email we reserve the right to award the prize to another person.

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