Our Terms & Privacy Policy
OVERVIEW
The Canine Spirit family of websites are operated by The WagLab Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Canine Spirit. Canine Spirit offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. and they provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your submission of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy.
SECTION 1 - ONLINE STORE TERMS
The goods on our website are only available for sale to individuals who can make legally binding contracts. The goods are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Canine Spirit will ensure as best as possible that all goods and information made available on on this site is reproduced as accurately as possible however, we are not responsible if information is not accurate, complete or current. For example there may be a subtle colour variation between the website and the goods themselves. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain some historical information that may not be current and/or is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - PRODUCTS OR SERVICES AND PRICES
Certain products or services available through the website may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 - PRICING, RISK AND TITLE
Prices for our products are subject to change without notice sometimes due to circumstances beyond our control. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The currency of any transaction on Canine Spirit is in Australian Dollar (AUD) only. If you chose to change the currency using the converter, this is for reference only and the payment will clear as AUD. Prices are inclusive of Goods and Services Tax (GST) at the rate of 10%. GST will be listed on your invoice.
Canine Spirit will retain title to the goods you order until you have made payment in full for those goods. All risk in the goods will pass to you upon their delivery to you. We aim to send all orders with tracking and this is emailed to the customer. Customers must let us know within 21 days of dispatch of non-receipt. Otherwise it will be assumed goods have been received by the customer. Once the parcel has been delivered to your shipping address Canine Spirit takes no responsibility for any damage or theft that may occur.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change to or cancel an order, we will email you by contacting the e-mail provided at the time the order was made - please ensure this email is accurate.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. Email is our primary form of contact. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion 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(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, REVIEWS, BLOG COMMENTS AND OTHER SUBMISSIONS INCLUDING CUSTOMER PHOTOGRAPHS
If, at our request, you send certain specific submissions (for example contest entries or photographs of your dog using the gear) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree to not use our blog, comments or product reviews, on our website in any way which is unlawful, illegal, harmful or fraudulent, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments and reviews will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Canine Spirit may take such action as deemed appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to the website or commencing legal proceedings against you. Canine Spirit reserves the right to remove, edit, move or close any thread for any reason. The majority of content posted on the blog comments and reviews is created by members of the public. The views expressed are theirs and unless specifically stated are not those of the website or its owners. The website, its owners, and moderators are not responsible for any content posted on the website by members of the public.
SECTION 10 - COPYRIGHT INFORMATION
Unless otherwise indicated, copyright of the information on this website is owned by Canine Spirit, all rights reserved. Unless otherwise permitted by the Commonwealth Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose - including blogs - that is not expressly permitted by The WagLab Pty Ltd. Copyright applies to all written and photographic material.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Canine Spirit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Canine Spirit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - VIRUSES
Canine Spirit does not represent that any information, including files, obtained from or through the website is free from computer viruses or other faults/defects. It is your responsibility to scan any such information for computer viruses or worms. Canine Spirit will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however, caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Canine Spirit, it shall be limited to the cost of re-supplying that information.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at info@canine-spirit.com. If any changes to these policies occur, Canine Spirit will notify its customers by updating this section of the website.
As at: 15 Jan 2016
Our Privacy Policy
Protecting your privacy is important to us and we recognize your information must be used responsibly. Rest assured we do not sell your data to third parties and only use it to fulfill your orders, communicate with you and better identify products that may be of interest to you and other customers. Therefore you will not get emails from any third party company other than a confirmation email from our secure payment provider, DPS, when you place an order or our parent company, The WagLab Pty Ltd.
Below is an overview to help you understand how and why Canine Spirit collects information from you, who we disclose it to and what your rights are. If we make changes to this policy, we will update this statement on our website and include changes in our e-newsletters. If you have any questions not answered here, please email us on info@canine-spirit.com
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SECTION 1 - WHAT DO WE DO COLLECT AND WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. This information is used to send orders, contact you about your order if necessary and to send you information about our company. We also ask you for the name, DOB and breed of your dog/s. This is optional but allows us to double check that you have ordered an appropriate product and appropriate size for your dog and also to let you know of birthday or breed specific promotions. This information also helps us understand who our customers are so we can continue sourcing appropriate products and information.
Canine Spirit contracts with third parties for the purpose of some order fulfilment and dispatch. They only receive details relating to dispatch of your order.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address and click stream information. This aggregate, non-personal information is for Canine Spirit's internal use only. This gives us important information including where are visitors are coming from and how they navigate through our site which helps us continue to improve our site and shopping experience for our visitors. Canine Spirit may collects information volunteered by the customer such as survey results and/or site registrations. The information you voluntarily provide is used to improve the content of Canine Spirit's web site and is not shared with other organizations for commercial purposes.
Third party vendors, including Google, show our ads on sites on the internet. They also use cookies to serve ads based on your prior visits to this website. You have the option to opt out of Google's use of cookies by visiting the Google advertising opt-out page - http://ww.google.com/privacy_ads.html. Alternatively you can opt out of cookies by visiting the Network Advertising Initiative opt out page here.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If you no longer wish to receive Canine Spirit e-newsletters, promotional or informational mailings, catalogs or wish to alert us to duplicate mailings, please email us on info@canine-spirit.com. Please provide your exact name, postal address, and email address so that your request can be effectively processed. There is also an 'unsubscribe' link at the bottom of all email marketing communications.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service. We reserve the right to access and disclose individually identifiable information to enable us to comply with applicable laws and lawful government requests to operate its systems and to protect itself or its users. Your personal data is also protected in New Zealand and Australia by the Privacy Act.
SECTION 4 - SHOPIFY
Canine Spirit is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
You will receive an electronic invoice for goods ordered once payment is confirmed - we do not send paper copies of your invoice. Goods ordered are dispatched against advance payment only.
Our website accepts payment for goods via either PayPal, Visa, MasterCard, AMEX, JCB or bank deposit.
All payments processed through PayPal are integrated with Shopify. The PayPal site is highly secure, is PCI DSS compliant and uses industry leading technology such as SSL to keep your transactions secure. Once your information reaches the PayPal site, it resides on a server that is heavily guarded (physically and electronically). PayPal servers sit behind an electronic firewall and are not directly connected to the internet, so your private information is only to authorised computers.
If you choose to pay online with Visa or MasterCard this is via a direct payment gateway, DPS, to complete your purchase, Shopify stores your credit card data. Your data is highly protected and securly encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa and MasterCard. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Cookies are small text files that are sent to your computer from websites - including Canine Spirit. Cookies allow web servers to 'remember' you. On our site we use cookies to keep track of your shopping cart and for other purposes such as site personalization. You can reject cookies by switching them off in your browser if you do not want us (or most other websites) to use them. You can then still browse, however you will not be able to shop online. To shop online, websites do need cookies in order to process your order.
The reason for this is that the website needs to know what you are shopping for - its kind of like putting your groceries in the cart when you are shopping for food. Cookies allow you to put and save items in your shopping cart while you continue to shop or for when you return the next day.
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will update this statement on our website and include changes in our e-newsletters so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
You have the right to see what is held about you and correct any inaccuracies. If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@canine-spirit.com or by mail at
The WagLab Pty Ltd
[Re: Privacy Compliance Officer]
2/11 Pacific Avenue Sunshine Beach Queensland AU 4567
To ensure information is protected, we may ask you for proof of identity or other personal information before we can process your enquiry.
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