ADDITIONAL TERMS OF SERVICE FOR OUR SUBSCRIPTIONS
These Additional Terms of Service (“Additional Terms”) apply to all subscribers and customers, or all potential subscribers and customers of OK & CO Pty Ltd [ABN 39 115 033 214] and OK&CO.
“WE, US, OR OUR”
These Terms, together with any other terms and conditions and policies we publish or link to on our website and services, form an Agreement with us (“Agreement”). “You” could be any subscriber or customer of ours. If you do not agree, you cannot subscribe. We may change this Agreement at any time, and by continuing to use or access our website and services, you are accepting those changes.
SUBSCRIPTION SERVICES WE WILL PROVIDE
By purchasing our Subscription Services, you are entitled to the delivery of various products which may include nappies, nappy pants, nappy bin bags, wipes and body care products as outlined in the service you subscribe to.
BEFORE PURCHASING A SUBSCRIPTION
Things you must do before subscribing
- be 18 years old or have parental consent;
- provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
- pay for your Subscription Fee via the published payment methods available.
Acknowledgements you make when purchasing on our website
You further acknowledge and agree that there may be:
- occasional errors or omissions in the subscription service and product descriptions, prices, shipping charges, delivery times, availability and promotions;
- colour differences, so that the colours and images of products we display may be different on your screen to the colours and images of the actual products;
- some Subscription Services with limited places or that are limited to certain regions or groups of people.
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images, or the availability of the products.
The Subscription Fee is automatically deducted from your nominated payment method unless you or we cancel your subscription in accordance with the cancellation or termination terms below.
You authorise us to:
- deduct the Subscription Fee and all other accrued and owing fees from your debit or credit card; and
- deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
If you have any special offer coupons, they must be applied at the time of purchase; they cannot be applied retrospectively.
Things you must do after purchasing our Subscription Services
- contact Australia Post or the courier company directly if you have late, stolen, or damaged deliveries;
- comply with the manufacturer’s or our instructions in relation to the product;
- contact us by email at email@example.com if you have any issues with the Subscription Services or products and require a refund;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute, keep all communications confidential.
Things we’d love you to do
Provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at firstname.lastname@example.org.
If you need to cancel your subscription
If you need to cancel your subscription, please email us at email@example.com with 7 days’ notice so you will not be billed automatically for the following month. All our Subscription Services are for the Period specified at the time of your purchase. We do not provide any refunds for Subscription Fees until any Minimum Term has expired.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including shipping charges, delivery times, availability and promotions;
- change prices or descriptions of our products or Subscription Services;
- change our range of products, or discontinue products and/or
- discontinue any Subscription Services.
Shipping and couriers
We deliver products purchased through our website Australia wide. We will process your delivery upon receipt of payment for your purchases and send your products via Australia Post or a reputable courier company. Delivery times will depend on your selected delivery option. Any international customers are responsible for any custom and import duties.
We comply with Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under Australian Consumer Law including, but not limited to, consumer guarantees that the products are of acceptable quality, fit for purpose and match the description we provide on our website. You will have the right to have a product repaired, replaced, or refunded if it doesn’t meet a consumer guarantee. You also have the right to the reasonable costs of any return postage.
Except as required by law, we do not warrant the quality of the products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the products is due to your misuse, failure to comply with manufacturer's and our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.
If we need to cancel the Subscription Services, we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion, we may cancel the Subscription Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance, we will provide you with a refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any subscription including, but not limited to, where it appears to be by resellers or distributors without permission. We will notify you as soon as possible of any changes to the Subscription Services. We do not provide refunds except as required under Australian Consumer Law.
We can refuse to serve you and provide Subscription Services at any time
We may refuse to provide our Subscription Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our website and services and disable your ability to subscribe. We can also change, suspend, or stop providing Subscription Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Subscription Services.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Subscription Services, including, but not limited to, any errors or omissions, price changes or discontinued Subscription Services, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.
To the extent in which we are entitled to do so, our liability under Australian Consumer Law will be limited at our option, to:
- the replacement of the products or services or the supply of equivalent products or services; or
- the payment of acquiring equivalent products or services.
In any case, our liability to you will not exceed the amount of $100, or the price you paid for your purchase from our website, whichever is less.
You agree to indemnify us, and to keep us indemnified, from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to, where you provide incorrect information.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of Queensland, Australia, and you and we submit to the jurisdiction of the courts of Queensland, Australia. This is the entire Agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement, does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, the general website terms and conditions, and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Minimum Term means the minimum term of your subscription before you can cancel which you are able to do at any time.
Period means fortnightly, 3 weekly, monthly, 6 weekly, 2 monthly, 6 monthly or annually.
Subscription Fee means the fee we charge you for the Subscription Services as advertised on our website.
Subscription Services means the nappy subscription services where you are entitled to the delivery of various OK&CO. nappies, nappy pants, wipes, bin bags, and body care products.
We, us, or our means Zo Blatch-Klapas t/as OK & CO Pty Ltd [ABN 39 115 033 214] and OK&CO. and includes any of our directors, officers, employees, agents, partners, and contractors.
Website and services means www.okandco.com.au, and everything available on this website including, but not limited to, all Subscription Services.