Terms of Service
These Terms of Service govern your use of the website located at https://clevertails.com.au and any related services provided by CleverTails.
By accessing https://clevertails.com.au, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by CleverTails.
We, CleverTails, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on September 15, 2024.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service CleverTails provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorised advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to CleverTails and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by CleverTails at any time.
Account Registration, Management, and Payments
To use the services offered by CleverTails, including our subscription-based canine products, you must create an account on our platform. When registering, it is your responsibility to provide accurate and up-to-date information. You are also responsible for ensuring your account details, such as contact and payment information, remain current throughout your use of the service. CleverTails cannot be held liable for any issues arising from inaccurate or outdated information.
As the account holder, you are responsible for maintaining the confidentiality and security of your login credentials. You are fully liable for all activities and transactions that occur under your account, whether authorised by you or not. In the event of unauthorised access or a breach of security, you must notify CleverTails immediately. We will not be held responsible for any loss or damage resulting from your failure to secure your account credentials.
When creating your account, you will be required to provide your financial information relevant to your selected payment method, which may include your credit card details. CleverTails is not liable for any failed deliveries that result from incorrect, incomplete, or missing information necessary to finalise your order. Payments made on the CleverTails platform are processed through third-party payment processors such as PayPal, Stripe, Square, and Apple Pay. CleverTails does not retain or manage any of your financial information; this is handled exclusively by the third-party processors in accordance with their respective Terms of Service, to which you agree upon making a payment.
Please note that payments made to CleverTails cover only the price of the goods and their shipment. You, the customer, are responsible for any additional taxes, duties, or fees, which may apply based on the laws of the country where the delivery is made. CleverTails cannot be held responsible for these additional costs or for ensuring compliance with any country-specific tax laws.
Subscription fees will be charged automatically based on the frequency and duration you select when you register (e.g., monthly, quarterly, or bi-annually). By subscribing, you authorise CleverTails and its third-party payment processors (PayPal, Stripe, Square, or Apple Pay) to charge the payment method you provided for the applicable fees. It is your responsibility to ensure that there are sufficient funds or credit available to complete the transaction. If a payment fails, CleverTails reserves the right to suspend or cancel your subscription until the outstanding balance is cleared.
You can manage your subscription, including updates to billing information, cancellations, and plan changes, through your CleverTails account. Any changes made to your subscription will take effect from the next billing cycle. To avoid being charged for an upcoming cycle, cancellations must be submitted at least seven days before your next scheduled payment.
By maintaining an active account and subscription, you acknowledge and agree to these terms, as well as the terms of service provided by PayPal, Stripe, Square, and Apple Pay.
Duties and Taxes
All international shipments from CleverTails must pass through customs in the country of destination, and you, the customer, are responsible for paying any applicable customs duties and taxes. CleverTails does not engage in the customs process nor do we cover customs duties on behalf of the customer. The amount of these fees will vary depending on the country of delivery, and it is your responsibility to verify and understand these costs before placing an order. CleverTails is not liable for any packages held or rejected by customs due to the customer’s refusal to pay the required taxes or duties. If customs duties or fees are not paid within seven days of the goods arriving at customs, the goods may be terminated or returned by customs authorities, and CleverTails will not be held liable for such events.
Inaccuracies and Mistakes
CleverTails strives to ensure that all information on our website is accurate, but we reserve the right to correct any errors, inaccuracies, or omissions that may relate to service descriptions, pricing, promotions, or availability. Should any errors be identified, we reserve the right to update or cancel any orders affected by inaccurate information, even if the order has already been confirmed. All information on the website, including pricing and availability, is subject to change without prior notice. CleverTails is not obligated to clarify or amend any website information unless required by law.
Subscription Terms
By subscribing to CleverTails, you agree to these terms governing the subscription service. CleverTails offers packages that may include toys, treats, grooming products, food samples, and other canine-related items. The contents of each subscription package may vary, and CleverTails reserves the right to adjust or change the products included in the package at any time without prior notification. Changes may occur due to product availability, seasonal variations, or updates to the subscription offerings.
When you subscribe, you agree to pay the subscription fee at the rate advertised at the time of purchase. Subscription payments will be charged at the frequency you select during registration (e.g., monthly, quarterly, or bi-annually). Subscription fees are subject to change, and CleverTails will provide notice of any such changes in advance of the renewal of your subscription. You are responsible for ensuring that your payment information is current and accurate to avoid disruption of service.
CleverTails subscriptions, offered as three-month or six-month plans, come with a minimum commitment of three or six months, respectively. After the initial term, the subscription will automatically renew on a monthly basis unless you cancel. The auto-renewal feature allows for continuous service, and unless cancelled, you will continue to be charged on a monthly basis until you terminate the subscription. To avoid being charged for an upcoming cycle, cancellation must be completed at least seven days before the next billing cycle begins.
If you choose to cancel your three-month or six-month subscription prior to the completion of the minimum term, you will be required to pay the difference between the discounted rate you received for the plan and the standard monthly rate for the equivalent number of months. Once the minimum term is complete, you may cancel at any time without incurring any additional charges. Cancellation requests can be made via your CleverTails account or by contacting customer service. No refunds will be issued for any subscription periods that have already been billed or shipped.
Please note that the products included in each subscription box may vary from month to month. CleverTails is committed to delivering high-quality, curated selections of canine-related products; however, specific items and brands may change depending on availability. Subscribers acknowledge that they will not receive prior notice regarding the specific contents of their subscription box for any given month, and accept that substitutions may be made as necessary.
You are responsible for managing your subscription, including updating payment information, shipping addresses, and subscription preferences. CleverTails will not be liable for any issues that arise from outdated or incorrect account information. Should any dispute arise in relation to your subscription, such as an issue with billing or the contents of a subscription box, please contact CleverTails customer service within seven days of the occurrence to request resolution. In cases where CleverTails is at fault, refunds or replacements may be issued at the company’s discretion.
User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a licence from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The licence you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the licence will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.
Liability
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, CleverTails makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall CleverTails or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if CleverTails or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. CleverTails does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
CleverTails has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by CleverTails of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
