DRAFT · PENDING LEGAL REVIEW · NOT YET IN EFFECT
COLLR · LEGAL

Terms of Sale and Service

These Terms of Sale and Service (the Terms) govern your purchase of Collr products from collr.com.au (the Site) and your use of the Collr tag, the public finder page and the Collr mobile app (together, the Service). The Site and Service are operated by [LEGAL ENTITY NAME], ABN [ABN], of [BUSINESS ADDRESS] (Collr, we, us or our).

Please read these Terms carefully. They contain important information about the nature of the Service, including that the Collr tag is not a GPS tracker and that we cannot guarantee a lost or missing pet will be found or returned. If you have any questions, contact us at support@collr.com.au before you buy.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded. Where these Terms are inconsistent with such a law, that law prevails to the extent of the inconsistency, and the rest of these Terms continue to apply.

1. Acceptance of these Terms

By placing an order through the Site, creating a Collr account, or using the Collr tag, finder page or app, you agree to these Terms. If you do not agree, do not place an order or use the Service.

These Terms, together with our Privacy Policy and any other terms we present at the point of purchase, form the agreement between you and us in relation to the products and the Service. Nothing in this clause limits or excludes any right or remedy you have under the ACL, including in relation to any representation we have made to you.

2. Eligibility

To place an order and buy a product you must be at least 18 years of age and have the legal capacity to enter into a binding contract. To hold a Collr account and use the app, you must be at least 16 years of age, and if you are aged 16 or 17 you must have a parent or guardian's consent. [PLACEHOLDER: confirm these ages and keep them consistent with the Privacy Policy and app.] By ordering or registering, you confirm that you meet these requirements and that the information you give us is true, current and complete. We may refuse or cancel an order, or suspend an account, where we reasonably believe these requirements are not met.

3. What we sell and what the Service is

We sell physical pet identification tags worn on a pet's collar. Our products currently include:

  • The Pendant, A$79
  • The Plate, A$69
  • The Keeper, A$59
  • The Crest, A$39

Each tag is made from Grade 5 titanium or anodised aluminium, is sealed and waterproof, and contains no battery. Each tag carries a QR code and an NFC chip. When any phone scans the QR code or taps the NFC chip, it opens a public web page (the finder page) that displays the information the pet's owner has chosen to share, which may include the pet's name, a photo, a contact method, care or medical notes, or a Missing status.

Owners manage what is displayed through the free Collr mobile app. Product descriptions, images, colours and finishes on the Site are indicative only. Actual colour and finish may vary slightly, for example due to screen settings or manufacturing variation in the metal. This does not limit your rights under the ACL, including the guarantee that goods match their description.

4. Nature of the Service (please read this carefully)

This section describes what the Collr tag and Service do and, importantly, what they do not do. Nothing in this section limits your rights under the ACL, but it explains the honest limits of the product so you can decide whether it is right for you.

  • The tag is not a GPS tracker or location device. It has no battery, it does not transmit, and it cannot track, locate or report the position of your pet. It does nothing at all until a person physically finds your pet and chooses to scan or tap the tag with their phone.
  • We do not and cannot guarantee that a lost or missing pet will be found or returned. Recovery depends entirely on a third party finding your pet, choosing to scan the tag, being able to view the finder page, and choosing to make contact. These are things outside our control, and we make no promise about any outcome.
  • The Service requires a finder with a compatible smartphone. Displaying information on the finder page and any contact with you depend on the finder having a working phone, an internet connection, and the willingness to use them.
  • The finder page and app are provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, error free, secure or available at any particular time. There is no uptime guarantee for consumers, and the Service may be affected by maintenance, outages, or matters outside our control, including your own or a finder's device and connection. This does not limit the consumer guarantees that apply to services supplied to you under the ACL.
  • The tag and app are not a substitute for microchipping, council registration or a conventional engraved ID tag. Microchipping and registration may be legally required where you live. You remain responsible for complying with all laws that apply to you as a pet owner.
  • Collr is not a veterinary, microchip-registry, insurance, pet-minding or lost-pet-recovery service. Any care, medical, feeding or behaviour notes, reminders, and any automatically generated summaries, are provided for your convenience only, are not professional or veterinary advice, and must not be relied on in place of advice from a qualified vet. In an emergency, contact a vet.
  • You are responsible for the accuracy of the information you display, and that information is shown publicly. We do not verify, and are not responsible for the accuracy or currency of, any information you or another user chooses to publish. Anyone who scans your tag can see the details you have chosen to share. Keep your details current, and do not display information you are not comfortable showing to a member of the public. Please take care before displaying a home address or sensitive personal or medical information.

5. Your acknowledgments and assumption of risk

To the extent permitted by law, and without limiting any right or remedy you have under the ACL, by using the Service you acknowledge and agree that:

  • the Collr tag is a passive QR and NFC identification aid, is not a GPS or real-time tracker, and does nothing until a finder chooses to scan it;
  • you will use microchipping, council registration and a conventional engraved ID tag as your primary means of identifying and recovering your pet, and treat Collr as an additional aid only;
  • whether your pet is found and returned depends on the acts of a finder and other third parties that are outside our control; and
  • you are responsible for choosing what information to publish on the finder page, for keeping it accurate, and for the consequences of making it public.

6. Orders

When you submit an order through the Site, you are making an offer to buy the products in your cart on these Terms. Your order is not accepted until we send you an order confirmation or dispatch the products, whichever happens first. The receipt emailed to you at checkout acknowledges that we have received your order, and does not by itself mean your order has been accepted.

We may refuse or cancel an order, in whole or in part, at any time before dispatch, including where:

  • the product is unavailable or out of stock;
  • there was an error in the price or description of the product (see clause 7);
  • we reasonably suspect the order is fraudulent, is not genuine, or breaches these Terms; or
  • we are unable to authorise your payment or verify your delivery details.

If we cancel an order after you have paid, we will refund the amount you paid for the cancelled items. Nothing in this clause affects your rights under the ACL.

Changing or cancelling your order

Because we aim to dispatch quickly, we may not be able to change or cancel an order once it has been placed. If you need to change or cancel, contact us as soon as possible at support@collr.com.au and we will try to help, but we cannot promise to stop an order that has already been dispatched. This does not affect any cancellation, return, repair, replacement or refund rights you have under the ACL or under our Refund and Returns Policy.

7. Pricing and pricing errors

All prices are shown in Australian dollars (AUD) and are inclusive of GST. Prices displayed at the time you place your order apply to that order. We may change prices at any time, but a change will not affect an order we have already accepted. Where required, a tax invoice will be provided with or following your order.

Shipping charges (see clause 9) are additional and are shown before you confirm your order.

Despite our best efforts, a product may occasionally be listed at an incorrect price or with incorrect information due to a technical or human error. Where we identify a pricing or description error affecting your order, we are not obliged to supply the product at the incorrect price. We will contact you to let you know and give you the choice of confirming the order at the correct price or cancelling it for a full refund of any amount paid for the affected item. If we cannot reach you within a reasonable time, we may treat the order as cancelled and refund you. Nothing in this clause affects your rights under the ACL, including in relation to misleading pricing.

8. Payment, title and risk

Payment is processed securely by our payment provider, Stripe, which accepts card payments, Apple Pay and Google Pay. By submitting payment details, you confirm that you are authorised to use the chosen payment method. We do not store your full card details. Your payment is also subject to Stripe's own terms and privacy practices.

You must pay the full price of the products plus any shipping charge at checkout. We are not obliged to dispatch any product until we have received payment in full.

Risk in the products passes to you on delivery to the address you provided, or when they are collected on your behalf. Title in the products passes to you once we have received payment in full. This clause does not affect the consumer guarantees that apply to the products under the ACL.

9. Shipping and delivery

We ship within Australia only. We do not ship internationally.

  • Shipping is a flat A$9.95 per order, and is free for orders of A$100 or more.
  • Orders are usually dispatched within about 2 business days via Australia Post.
  • Delivery timeframes after dispatch are estimates only and depend on Australia Post.

Any delivery dates or timeframes we give are estimates and not guarantees. We are not responsible for delays caused by Australia Post or by circumstances outside our reasonable control, but nothing in this clause limits your rights under the ACL, including your right to a remedy if goods are not delivered within a reasonable time. It is your responsibility to provide an accurate and complete delivery address. Full details are in our Shipping Policy. [PLACEHOLDER: confirm what happens to items returned to us as undeliverable, for example re-delivery at buyer's cost.]

10. Consumer guarantees, returns and refunds

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a product you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the product repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure.

For services, you are entitled to a remedy if a service is not provided with due care and skill or is not fit for a specified purpose, and, for a major failure, to cancel and obtain a refund.

These rights apply in addition to any voluntary warranty or returns arrangement we offer. For details of how to make a claim, request a return, or seek a repair, replacement or refund, see our Refund and Returns Policy or contact us at support@collr.com.au.

11. The Collr app and your account

To manage your pet's profile and finder page you will need a free Collr account and the Collr app. You must meet the age requirement in clause 2. You are responsible for keeping your account credentials secure and for activity that occurs under your account. Notify us promptly at support@collr.com.au if you believe your account has been accessed without your authorisation.

We may update, change or discontinue features of the app and finder page from time to time. Where a change would materially reduce the core functionality you have paid for, we will act consistently with your rights under the ACL. You can delete your account at any time in the app; deletion is described in our Privacy Policy.

12. Your content, other people's details, and the finder page

You retain ownership of the content you upload (such as your pet's photo, notes and documents). You grant us a non-exclusive licence to host, store, process and display that content as needed to provide the Service, including displaying on the public finder page and in the community the content you have configured to be shown.

You are responsible for everything you publish. You warrant that you have the right to publish it, that it is not false, misleading, offensive or unlawful, and that it does not infringe the rights of any person. Where you add another person's details (for example a household member, vet, groomer, sitter, emergency or pickup contact), you warrant that you are entitled to provide their information and, where required, that they have consented to you doing so.

We do not routinely monitor content, but we may remove, restrict or refuse to display any content, and may suspend a finder page or community post or account, where we reasonably consider it breaches these Terms, is unlawful, or is the subject of a credible complaint or legal requirement. Where practicable we will let you know.

13. Intellectual property and licence to use the app

All intellectual property rights in the Site, the app, the finder page, the Collr name and logo, and our product designs and content remain owned by us or our licensors. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable licence, which we may revoke to the extent consistent with your rights under the ACL, to use the app and finder page for your own personal, non-commercial use of the Service for the pets you are responsible for.

You must not copy, modify, distribute, sell, reverse engineer, or create derivative works from any part of the Service except to the extent this restriction cannot lawfully be excluded.

14. Acceptable use

When using the Service, you must not:

  • use it for any unlawful purpose or in breach of any law;
  • display content that is false, misleading, offensive, or that infringes the rights of others, or that is not yours to display;
  • display another person's personal information without their consent;
  • upload malicious code, or attempt to gain unauthorised access to, interfere with, or disrupt the Service or its infrastructure;
  • use the Service to harass, deceive, stalk or endanger any person; or
  • use the tag or finder page for anything other than identifying and providing information about a pet in your care.

We may suspend or terminate your access to the Service, and remove content, if you materially breach these Terms or use the Service in a way that is unlawful or harmful to others. Where practicable we will give you notice and an opportunity to remedy the breach.

15. If your pet is rehomed, sold or dies

If you rehome, sell or transfer your pet, or your pet dies, you must transfer the tag to the new owner through the app or deactivate the finder page. Until you do, you remain responsible for the information that continues to be displayed. We may deactivate or update a finder page where we receive a credible request from a subsequent owner or are required to do so by law.

16. COLLR+ subscription (billed separately through the app stores)

The Collr app may offer an optional paid subscription, COLLR+. COLLR+ is purchased and billed through the Apple App Store or Google Play, not through this Site. Your COLLR+ subscription, including its price, billing cycle, auto-renewal, free trials and cancellation, is governed by the terms of the relevant app store and the in-app terms presented at the time of purchase, together with these Terms where applicable.

To manage or cancel a COLLR+ subscription, use the subscription settings in your Apple or Google account. Refunds for app store purchases are generally handled by the relevant app store under its own policies. Buying a Collr tag does not include COLLR+, and a COLLR+ subscription is separate from your tag purchase. Nothing in this clause limits any rights you have under the ACL.

17. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL or any other law that cannot lawfully be excluded or limited. This clause applies only to the extent permitted by law, and is subject to that overriding position.

Where our goods or services come with a consumer guarantee that cannot be excluded, but the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of that guarantee is limited, at our option, to the extent permitted by law: in the case of goods, replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing so; and in the case of services, resupplying the services or paying the cost of resupply.

Subject to the paragraphs above, and to the extent permitted by law:

  • we are not liable for any loss or damage arising from a lost, missing, injured, harmed or unrecovered pet, including veterinary and search costs and the cost of alternative recovery measures, or from a finder failing to scan the tag, being unable to view the finder page, or choosing not to make contact;
  • we are not liable for the acts or omissions of any finder or other third party, including a finder who misuses the contact details you have published, or for anything that happens when you communicate or meet with a finder or other person;
  • we are not liable for loss or damage caused by inaccurate, incomplete or out of date information that you or another user chose to display, or by information you displayed being seen by members of the public;
  • we are not liable for loss or damage arising from the Service being unavailable, interrupted or delayed, or from your reliance on the tag or app instead of microchipping, council registration or other appropriate measures;
  • we are not liable for the goods or services of third parties whose own terms apply (including Australia Post, Stripe, Apple, Google, our other service providers, and any provider you connect through Collr Business);
  • we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, data or goodwill, or for non-economic loss such as distress; and
  • where our liability is not otherwise excluded and cannot lawfully be excluded, our total aggregate liability to you in connection with the products and the Service is limited to the amount you paid us for the product or service giving rise to the liability.

Nothing in this clause limits our liability to the extent it cannot be limited by law, including liability that arises under the consumer guarantees.

18. Indemnity

To the extent permitted by law, and except to the extent the relevant loss is caused by us, you agree to indemnify us against loss, damage, cost or expense we reasonably incur arising from your breach of these Terms, your misuse of the Service, or the content or third-party details you choose to display, including a claim by a third party in relation to that content. This indemnity does not apply to the extent the loss was caused or contributed to by our own negligence, breach or unlawful conduct, and does not limit or affect your rights under the ACL.

19. Events outside our control

We are not liable for any failure or delay in performing our obligations where it is caused by an event outside our reasonable control, including a carrier delay, network or hosting outage, supply or manufacturing disruption, natural disaster, or act of government. This clause is subject to the ACL and does not limit your right to a remedy where goods are not supplied within a reasonable time or a service is not provided with due care and skill.

20. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy explains what we collect, how we use and disclose it, how our order, hosting, storage, analytics, payment and other providers are involved, and how you can access, correct or complain about the handling of your personal information, including to the Office of the Australian Information Commissioner (OAIC). By placing an order or using the Service, you acknowledge our Privacy Policy.

21. Governing law

These Terms are governed by the laws of [GOVERNING STATE OR TERRITORY], Australia. You and we submit to the non-exclusive jurisdiction of the courts of that place and the courts competent to hear appeals from them. This does not deprive you of the benefit of any mandatory consumer protection law that applies where you live.

22. Changes to these Terms

We may update these Terms from time to time. The version that applies to your order is the version published on the Site at the time you place that order. When we change these Terms, we will update the effective date below and post the updated Terms on the Site, and where the change is material we will take reasonable steps to notify you, for example by email or an in-app notice, and give you a reasonable opportunity to close your account if you do not accept the change. Continuing to use the Service after a change takes effect means you accept the updated Terms.

23. General

  • If any part of these Terms is found to be invalid or unenforceable, that part is severed and the rest continues to apply.
  • If we do not enforce a right or provision, that is not a waiver of it.
  • You may not transfer your rights or obligations under these Terms without our consent. We may assign these Terms in connection with a sale or reorganisation of our business, provided your rights are not materially reduced.
  • Clauses that by their nature should survive termination or account closure continue to apply, including clauses 4, 5, 12, 13, 17, 18 and 21.

24. Contact us

If you have a question, concern or complaint about your order or the Service, contact us and we will do our best to help:

  • [LEGAL ENTITY NAME], ABN [ABN]
  • [BUSINESS ADDRESS]
  • Email: support@collr.com.au

Effective date: [EFFECTIVE DATE]

This document is a draft prepared for review by a qualified Australian legal practitioner before publication. It does not constitute legal advice.