Terms of Use

Consumer Terms of Use

Welcome to the Redpawpaw website ("the Site") which is owned, controlled and operated by Pacific Magazines Pty Limited (ABN 16 097 410 896) ("Pacific").

These Terms of Use are important and you should read them carefully. Your use of and access to the Site and purchase of goods or services via this Site is conditional upon your acceptance of and compliance with these Terms of Use and the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, and on you complying with all applicable laws of the Commonwealth of Australia (including its states and territories).

Your use of, and/or access to, the Site constitutes your agreement to these Terms of Use. Pacific reserves the right to amend the Terms of Use at any time. Any changes will be published in this web document. Since you are bound by these Terms of Use (‘this contract’), you should periodically refer to this web document to monitor changes.

Purchase and pricing of Redpawpaw box subscriptions In addition to the terms which relate to your use of the Site, the following terms relate to your purchase of Redpawpaw boxes. When you place your order to purchase Redpawpaw boxes, the terms with respect to ordering and delivery are governed by these terms.

You must be over 15 to subscribe to the Redpawpaw box, so if you are under 15 years old, ask your parent or guardian to buy or subscribe for you.

When you subscribe to purchase the Redpawpaw box, the price will cover the cost of the box and all delivery costs within Australia.

All orders placed on this Site are quoted and charged in Australian dollars and, unless we state otherwise, all prices are inclusive of GST. Our product prices are set out on www.redpawpaw.com.au and we may update them from time to time and we do not provide price protection nor refunds in the event of a price change or promotional offering. In the case where the product you order is sold out we will offer a full refund. Any special offers we make to you can only be used one at a time, for example, if you are getting a free gift, you cannot also use a discount offer.

Payment options

Redpawpaw is offered as a re-occurring bi-monthly subscription, which will renew 21 days prior to the despatch date of next iteration. We set up a re-occurring payment profile to deduct bi-monthly subscription fees. The payments will continue unless you decide to cancel. Please see below for further details on cancelling. At the time of subscribing, you have two payment options:

If you select the Box + Feedback subscription, you are required to complete a questionnaire and provide feedback about each product you receive in your Redpawpaw box.

Delivery

Your Redpawpaw box(es) will be posted by a third party carrier. We will email you prior to processing each subscription renewal payment to advise the estimated dispatch timing for the next box.

It is vital that the details that you give us are correct. Pacific is not liable for any errors that you make. Also, you must ensure that Pacific has your new address details prior to our estimated dispatch date if you move.

Refunds and returns

The contents of the box may vary between subscribers and some products may be included in some boxes but not in others due to supply and/ or packing issues. The variety and quantity of products available for inclusion in each Redpawpaw box are dependent on the supply from manufacturers or suppliers of the products; Redpawpaw cannot guarantee the number or value of the products each subscriber will receive and subscribers are not able to choose which products they will receive and are not able to elect not to receive certain products. We do not provide compensation if you do not receive a product in your box that has been included in other Redpawpaw boxes.

All products are checked for quality before dispatch and while we try our best to ensure that the product is delivered to you in perfect condition, the product may be damaged in the delivery process. Should this happen, you may request a partial refund of the subscription amount paid for that box.

If you intend to seek a partial refund, you must email Customer Service at info@redpawpaw.com.au to obtain prior approval. Please include the order number and reason for the return. Return the items to:

Attention: Pacific Magazines

Address: GPO Box 4983

Sydney NSW 2001

Please do not send any of the products you receive in the Redpawpaw box back to the manufacturer or supplier of any of the products contained within the Redpawpaw box.

Please also note that due to the nature of the products contained within each Redpawpaw box, we do not refund for change of mind.

Allergies

We do not cater for allergies, and to the extent permitted by law, we make no representation about the suitability of any products in the Redpawpaw box for you or the other members of your household. In particular, you are solely responsible for any decision to consume any food or beverage products and you are responsible for ensuring the suitability of those products, including in respect of any allergies that you or any member of your household may have.

Customer service

If you have any questions relating to your purchase of a subscription to Redpawpaw or for general enquires you can contact us by email to info@redpawpaw.com.au.

Research

When you purchase a Redpawpaw subscription, you acknowledge and agree that you will receive an invitation to participate in our feedback survey and online survey with respect to each Redpawpaw box, and that you may also receive an invitation to participate in a focus group. You are required to complete the feedback survey if you have chosen the “Box + Feedback” pricing option.

Privacy

Pacific is collecting your personal information for the purpose of processing and managing your purchase or subscription and understanding our audiences. Pacific will otherwise handle your personal information in accordance with Seven West Media’s Privacy Policy which is available on our website at http://www.sevenwestmedia.com.au/privacy-policies (and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information). By purchasing a Redpawpaw box subscription, you agree to the terms of the Privacy Policy. Without limiting the foregoing, Pacific may disclose your personal information to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with Pacific. In addition, by ordering your subscription, you consent to Pacific using your personal information for the purpose of Pacific and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners, and to Pacific from time to time sharing your personal information with carefully selected business partners for the purpose of them sending you such information directly. We will always provide you with the ability to opt out of those communications.

Address changes

Re-occurring bi-monthly subscriptions may be cancelled 21 days before the stated despatch date of the next box (see Key Dates Schedule). All cancellation requests should be made on your MyProfile page by logging into your account on the Redpawpaw site and ticking ‘cancel’ on the Subscriptions tab or by emailing us at info@redpawpaw.com.au. Given our required notice period, if you contact us with less than 21 days’ notice prior to the next despatch, your cancellation will take effect from the subsequent box.

Side Access & Use

All information, text, material, graphics, software and advertisements on the Site ("Content") are protected by Australian and international copyright and trademark laws.

Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by Pacific.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Pacific or unless it is specifically stated otherwise within the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site.

This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

The Site may also include materials owned by third parties and posted on the Site by virtue of a licence, grant or some other form of agreement between the third party and Pacific.

The Site contains links to other websites outside the Site for your information and convenience. Pacific makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk and your purchase from any third party is entirely at your own risk.

Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.

Liability

To the maximum extent permitted by law, in no event will Pacific or its Associated Entities nor its third party licensors and suppliers be liable for any loss or damage, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Redpawpaw box, even if Pacific or its Associated Entities are advised of the possibility of such damages, losses or expenses.

To the extent permissible by law, we will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

To the extent permissible by law, our maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question. If you are a consumer under the Consumer and Competition Act 2010 (Cth) (Australian Consumer Law) the Redpawpaw box comes with consumer guarantees that cannot be excluded under that Law.

Where there is a major failure with a Redpawpaw box, you are entitled to:

If the Redpawpaw box fails to be of acceptable quality, and the failure does not amount to a major failure, you are entitled to have the Redpawpaw box resupplied (free of charge and within a reasonable time). If we cannot resupply the Redpawpaw box within a reasonable time, we may instead cancel the Redpawpaw box and offer you a refund for the proportion of the Redpawpaw box not already used at the time of cancellation. The amount of any refund will depend on how much of the Redpawpaw box was satisfactorily provided.

We exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise. We also exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our suppliers' personnel in connection with this contract:

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence.

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.

Redpawpaw boxes are provided for your personal, non-commercial use, and may not be resold, in whole or in part.

You agree to indemnify and hold us harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ charges on an indemnity basis), including but not limited to claims against us or our suppliers alleging negligence, copyright infringement and/or trademark infringement, relating to or arising out of your breach of our agreement with you (as contained in these Terms).

These Terms are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals form those courts.

Termination

The Terms of Use are effective until terminated by Pacific. Pacific may terminate this agreement, your subscription and/ or your access to the Site at any time without notice, including but not limited to, for breach of these Terms of Use. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licenses and waivers granted by you and all Pacific disclaimers and limitations of liability set out in these Terms of Use (as amended) will survive.

Copyright 2016 Pacific Magazines Pty Limited