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Terms and Conditions

Definitions

Affiliated websites includes, but is not limited to, Cattitude Club’s accounts on Facebook, Instagram
Box means the collection of products and the Cattitude Club cardboard box that they are contained in and sent to customers in any given month
Gift means any purchase that does not include an automatic renewal once the gift has been delivered in its entirety
Member means anyone who has provided details or had their details provided on the website to send or receive a gift or a subscription package
Plan means any Cattitude Club subscription plan with an automatic renewal at the end of the purchased subscription period, including 1-month or 3-month plans
Products means any items that are shipped inside a Cattitude Club box, and may include cat-related toys, edible treats, cat grass, catnip, hygiene products, cat care, and bedding
Services means all services provided by Cattitude Club including our monthly product
We (“us” and “our”) means the Cattitude Club business (ABN: 54847617861) and its Managing Partners

General

Cattitude Club provides a subscription service for monthly delivery of cat-related products for you or as a gift to another. Access to this website and affiliated websites, use of our services, and purchase of products is subject to these terms and conditions (Terms and Conditions) and the Cattitude Club Privacy Policy.

Acceptance of Terms

By accessing and using this website and affiliated websites you agree to the following Terms and Conditions. Please read them carefully as they may have changed since your last visit.

Registration and Membership

In order to start an ongoing monthly subscription, you must register your details. These details include information about your cat, your shipping information, your billing information, and your valid email address. All information provided is subject to the Cattitude Club Privacy Policy. You are responsible for keeping your information up to date.

Sales

All subscription plan and gift sales are final. Cancellations will only apply after the purchased plan has been delivered in its entirety, pursuant to our Membership Cancellation Terms and Conditions.

Monthly Delivery

After subscribing to Cattitude Club, each month we will send you a box with a different selection of products for your cat. Each month of your subscription plan the selection of products in the box may change. Cattitude Club cannot guarantee that a previously-available product in any box will be available in any subsequent box. By subscribing you agree to pay the renewing monthly subscription fee for the products that are supplied each month until you elect to cancel your subscription.

Membership Cancellation

We aim to ensure that your membership is as enjoyable and satisfying as possible, however you may cancel your ongoing membership at any time. Cancellations of subscription plans must occur before the rebilling date - the 27th of the month. If you do not cancel before this time, we will renew your subscription and debit your card. All cancellation requests received after the rebill date will apply after the current plan has elapsed. No matter when you cancel during your subscription plan, you will receive the remainder of the boxes that you have paid for. When the purchased plan has been delivered in its entirety, your contract with Cattitude Club will be terminated and your credit card will not be debited again.

Billing and Payments

All information that you provide to register with Cattitude Club is subject to Cattitude Club’s Privacy Policy . The price of the services or products is payable in full before delivery. After the paid period has elapsed, you will automatically be charged for your ongoing subscription unless you elect to cancel beforehand. If your payment method reaches its expiration date and you do not edit your payment information or cancel your account, you authorise us to continue billing that credit card on file until we are notified by you or the payment company that the account is no longer valid. We therefore encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your monthly purchase of Cattitude Club products. We use a third party payment service, Stripe, to process your payments. By submitting your credit card information, you grant Cattitude Club the right to store and process your information with the third party payment service. You agree that Cattitude Club will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers.

Shipping

Shipping is a flat rate fee of $5 per box. Shipping dates and arrival time are estimates only. Once delivered, if any product contained in the box is broken, or not working as intended, contact us via our email address. For loss or damage claims, you must notify Cattitude Club within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Products may be replaced or refunded, subject to our own investigation. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

Returns and Exchanges

If a product is defective, you may return it and we will either send you a new item or credit your account at our discretion. To request a refund or replacement, please contact us via our email address. When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address, as displayed on the website. Refunds are at the sole discretion of Cattitude Club.

International Access

This website may be accessed from countries other than Australia. The products and services listed on this website are only available within Australia. Any references to availability do not imply that products or services are available internationally.

Limitation of Liability

In no event shall Cattitude Club or its partners be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorised access to or use or misuse of the products or the website or any information contained there, whether based upon warranty, contract, tort or otherwise, even if it has been advised of the possibility of such damages or losses. You agree that Cattitude Club’s total cumulative liability in connection with these Terms and Conditions, the website, the content, or any product or services whether in contract, tort, or otherwise, shall not exceed the amount you paid to Cattitude Club in the last-paid instalment of subscription plan purchased.

Indemnification

By using this website, our services, or supplied products, you agree to indemnify, hold harmless and defend Cattitude Club and its partners from any claims, damages, losses, liabilities, and all costs and expenses of defense. These include, but are not limited to, lawyer’s fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this website, services or products by you or any other person accessing the website using your member account information.

Content Submitted by Users

Accuracy: You may use this website (but not subscribe to our services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for, or participate in, a service, event, or promotion on this website or to use our services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in content submitted for public display through our website or affiliated websites, such as through an online discussion forum or chat room. We do not pre-screen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for content. Any opinions, advice, statements, services, offers, or other information in content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Cattitude Club. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such content. You are responsible for ensuring that content submitted to this website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of content to this website.
Monitoring: We have the right, but not the obligation, to monitor content submitted to our website or affiliated websites through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this website or affiliated websites. Without limiting the foregoing, we have the right to remove any material that Cattitude Club, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the content that you post to this website and affiliated websites.

Minors

Cattitude Club services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service and purchase products only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the member and is responsible for any and all activities, subscribers and purchasers.

Security

When you register as a member of Cattitude Club, you are responsible for all activity that occurs on your account, including without limitation financial obligations. You agree to notify us immediately if you believe that your account has been or may be used without your permission so that appropriate action can be taken at our discretion.

Disclaimer of Warranty

You are solely responsible for determining if the products we provide you, including the box and its contents, are suitable for use or consumption by your cat or any one or any thing that comes into contact with the products. We are not able to provide any assurances regarding allergies. We do our best to check every product that we send out, but we are not responsible for providing any assurances as to the safety to your pet.
Under no circumstances will we be liable for any loss or damaged caused by your use of the products or you reliance on information in any content on this website or affiliated websites. You agree that your sole and exclusive remedy arising from or relating in any way to any product shall be its replacement, a refund, or a credit towards another monthly shipment, in Cattitude Club’s discretion.
You many return defective products within thirty (30) days of delivery. Except as expressly provided herein, all products supplied, and all text, images, and other information on or accessible from this website are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. specifically, but without limitation, Cattitude Club does not warrant that: (i) the information available on this website is free of errors; (ii) the products or services are not defective; (iii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by this website or affiliated websites will be uninterrupted, secure, or free of errors; (iv) defects will be corrected, or (v) this website or the server(s) that makes it available are free of viruses or other harmful components.

Termination

We may terminate any user’s monthly subscription or access to our website or services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms and Conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website or services.

Enforcement

These Terms and Conditions will be governed and interpreted pursuant to the laws of Western Australia. All disputes arising out of or relating to our services or the Terms and Conditions will be resolved by interest-based negotiation rather than by litigation. In the event of any claim, you and we will use commercially reasonable efforts to settle the claim. To this effect, the party asserting the claim will provide notice thereof to the other party, and they will meet (in person or via video chat) and negotiate with each other, and, recognising their mutual interests, attempt, in good faith, to reach a solution satisfactory to both parties. This will be done at first instance with only the parties to the dispute themselves participating. There will be no lawyers, facilitators, or expert assistance of any kind. If unresolved, a second negotiation will take place without this restriction, and a mutually-acceptable facilitator may assist. If unresolved after two negotiations and 60 days have elapsed from the time of the first negotiation, other dispute resolution mechanisms may be commenced.

Severability

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these Terms and Conditions at any time by updating this posting. Additional Information If you have any questions about these Terms and Conditions, please contact cattitudeclub@gmail.com .