1.1 Your use of Animal Apps’ apps, products, software, services and website ("Services") is subject to the terms of a legal agreement between you and Animal Apps. "Animal Apps" means Carbon Areion Pty Ltd ABN 83 616 769 870. This document explains how the agreement is made and sets out the terms of that agreement.
1.2 These Terms and Conditions form a legally binding agreement between you and Animal Apps in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the "Terms".
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Animal Apps in the user interface for any Service; or
(B) by using the Services. In this case, you understand and agree that Animal Apps will treat your use of the Services as acceptance of the Terms from that point onwards.
3.1 Animal Apps is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Animal Apps provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that Animal Apps may stop (permanently or temporarily) providing the Services (or any feature of the Services) to you or to users generally at Animal Apps’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to inform Animal Apps when you stop using the Services.
4.1 You agree to use the Services only for the purposes that are permitted by (a) the Terms and (b) any applicable law (including any law regarding the export of data or software to and from Australia or other relevant countries).
4.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.3 Unless you have been specifically permitted to do so in a separate agreement with Animal Apps, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.4 You agree that you are solely responsible for (and that Animal Apps has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage which Animal Apps may suffer).
5.1 Prices for the bridle pouch or other products we supply you (“Products”) and Services are as shown on the Animal Apps website or a store (such as Apple Inc.'s App Store) where you can purchase an Animal Apps app.
5.2 Animal Apps reserves the right to change the prices of Products and Services at any time without notice to you. The price displayed at the time that you place your order for Products (“Order”) will continue to apply to you even if the price changes before your order is accepted by Animal Apps.
5.3 In addition to the price for the Products, you must also need to pay the specified delivery charge (if any) ("Delivery Charge"). Any Delivery Charge will appear in your shopping cart.
5.4 In addition to the price for the Products and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which Animal Apps incurs because you live in an area to which our courier company does not provide a door-to-door service ("Additional Delivery Charge"). These may include, without limitation, remote islands such as Christmas Island and Norfolk Island in Australia. Such charges may apply even where the item is shown on the Apple Apps website as having "free delivery”, "free freight" or something similar. If you live in an area to which an Additional Delivery Charge will apply Animal Apps will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Animal Apps will cancel your Order. Animal Apps will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
5.5 If Animal Apps agrees to deliver Products outside of Australia, international delivery charges will apply ("International Delivery Charges"). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart. You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customs or import duties.
5.6 By placing an Order you agree to pay the price for the Products, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
5.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in USD dollars.
6.1 You can place an Order by following the instructions on the Animal Apps website.
6.2 An Order submitted by you is an offer by you to purchase the Products for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Animal Apps may accept or reject your offer in its absolute discretion. In particular, but without limitation, Animal Apps may reject Orders for commercial quantities of Products. If you wish to order commercial quantities of Products please contact.
6.3 Each Order that you place will, if accepted by Animal Apps, be a separate and binding agreement between you and Animal Apps with respect to the supply of the Products ordered, in accordance with these Terms.
6.4 Please ensure that you enter all information carefully when placing an Order. You warrant to Animal Apps that all information provided by you in relation to each Order is complete, true and accurate.
6.5 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Animal Apps. Animal Apps will use reasonable endeavours to cancel or change the Order if it has not already been shipped, but makes no representation that it will be able to do this.
6.6 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Animal Apps will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Animal Apps, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6.7 Where you place separate Orders the Products will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge and/or International Delivery Charge, if applicable) will apply to each Order. Animal Apps cannot consolidate separate Orders into one delivery.
6.8 When Animal Apps accepts an Order it represents an agreement by Animal Apps to supply the Products to you in accordance with your Order subject to receiving payment from you and subject to these Terms.
6.9 You must pay for Products by credit card (Visa or MasterCard) or PayPal account. By providing your credit card information you authorise Animal Apps to deduct the price and the applicable delivery charge(s) from your card.
6.10 Animal Apps reserves the right to change the payment methods that can be used for Orders at any time.
6.11 Animal Apps may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Animal App reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.12 Products that you have ordered will not be dispatched to you until your payment for the Products has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
6.13 Animal Apps reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Animal Apps may do this for example, but without limitation, where:
(A) Animal Apps’ suppliers are unable to supply Products that they have previously promised to supply;
(B) an event beyond Animal Apps’ control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Animal Apps is unable to supply the Products within a reasonable time.
6.14 We endeavour to ensure that all information on our apps and website, including the details, descriptions and prices of our products, is accurate. However, errors may occur from time to time. We reserve the right to cancel an Order (or part of it) prior to shipment where the apps or website contained errors or inaccuracies, including, without limitation, out-of-date information and incorrect pricing, and misdescriptions or incorrect details regarding shipping, payment or return policies (all, Inaccuracies). Upon discovery of an Inaccuracy, we will contact you as soon as practicable to discuss a replacement Order.
6.15 If Animal Apps cancels your Order after acceptance, it will send you an email notifying you of the cancellation. If Animal App cancels your Order after payment has been processed, Animal Apps will refund any money paid in respect of that Order
7.1 Risk and title in Products pass to you on the date and time of delivery of the Products to the delivery address provided in your Order.
7.2 Delivery times for Products you order are specified on the Animal Apps website. Animal Apps does not warrant or represent that Products ordered by you will be delivered in accordance with those delivery times and will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your ordered Products not being delivered in accordance with those delivery times, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7.3 You should inspect delivered Products and tell us in writing within 7 days of delivery if the Products are damaged or defective.
7.4 Our returns policy is defined below.
8.1 For information about Animal Apps' data protection practices, please read Animal Apps' privacy policy. This policy explains how Animal Apps treats your personal information and protects your privacy when you use the Services.
8.2 You agree to the use of your personal information in accordance with Animal Apps' privacy policy.
9.1 You understand that all information provided by persons other than Animal Apps which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
9.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the person who provides that Content to Animal Apps (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told in writing that you may do so by Animal Apps or by the owners of that Content.
9.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
9.4 You agree that you are solely responsible for (and that Animal Apps has no responsibility to you or to any third party for) any Content that you create, record, transmit, post or display while using the Services and for the consequences of your actions (including any loss or damage which Animal Apps may suffer) by doing so.
10.1 You acknowledge and agree that Animal Apps (or Animal Apps’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
10.2 Unless you have agreed otherwise in writing with Animal Apps, nothing in the Terms gives you a right to use any of Animal Apps’ trade names, trademarks, service marks, logos, domain names and other distinctive brand features.
11.1 Animal Apps gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Animal Apps as part of the Services (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by the Terms.
11.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Animal Apps in writing.
11.3 Unless Animal Apps has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
12.1 You retain copyright and any other rights you already hold in information, data or content which you create, record, store, transmit, post or display on or through the Services (referred to in this document as "Your Data"). By creating, recording, storing, transmitting, posting or displaying Your Data you give Animal Apps a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, copy, reproduce, adapt, modify, transmit, distribute and translate Your Data.
12.2 You understand that Animal Apps, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute Your Data over various public networks and in various media; and (b) make such changes to Your Data as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Animal Apps to take these actions.
12.3 You confirm and warrant to Animal Apps that you have all the rights, power and authority necessary to grant the above license.
13.1 The Software which you use may automatically download and install, or request you to download and install, updates from time to time from Animal Apps. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Animal Apps to deliver these to you) as part of your use of the Services.
14.1 The Terms will continue to apply until terminated by either you or Animal Apps as set out below.
14.2 Animal Apps may at any time terminate the Terms if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with any provision of the Terms); or
(B) Animal Apps is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) Animal Apps is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(D) the provision of the Services to you by Animal Apps is, in Animal Apps' opinion, no longer commercially viable.
14.3 Nothing in this Section shall affect Animal Apps’ rights regarding the provision of Services under Section 4 of the Terms.
14.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that are expressed to continue, shall be unaffected by this cessation.
15.1 Nothing in these terms, including sections 15 and 16, shall exclude or limit animal apps’ warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties, conditions or gurantees or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, conditions or guarantees, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
15.2 you expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”
15.3 In particular, animal apps, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
(A) Your use of the services will meet your requirements,
(B) Your use of the services will be uninterrupted, timely, secure or free from error,
(C) Any information obtained by you as a result of your use of the services will be accurate or reliable, or
(D) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
15.4 Any material downloaded or otherwise obtained using the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
15.5 No advice or information, whether oral or written, obtained by you from animal apps or through or from the services shall create any warranty not expressly stated in the terms.
15.6 Animal apps further expressly disclaims all warranties, conditions and guarantees of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
16.1 Subject to clause 15.1 above, you expressly understand and agree that animal apps, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(A) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(I) Any reliance placed by you on the services in satisfying, or endeavouring to satisfy, your objectives or requirements, including any equine breeding activities you may undertake;
(II) The injury or death of any horse, including any mare or foal, that may result directly or indirectly as a result of or in connection with a failure by animal apps to provide the services (or any part of the services), a failure by the app to detect a foaling mare, a defect in the services or your reliance on the services;
(III) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(IV) Any changes which animal apps may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(V) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(VI) Your failure to provide animal apps with accurate account information;
(VII) Your failure to keep your password or account details secure and confidential;
16.2 The limitations on animal apps’ liability to you in paragraph 16.1 above shall apply whether or not animal apps has been advised of or should have been aware of the possibility of any such losses arising.
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be customised according to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Animal Apps on the Services are subject to change without specific notice to you.
17.3 In consideration for Animal Apps granting you access to and use of the Services, you agree that Animal Apps may place such advertising on the Services.
18.1 The Services may include hyperlinks to other websites or content or resources. Animal Apps has no control over any websites or resources which are provided by companies or persons other than Animal Apps.
18.2 You acknowledge and agree that Animal Apps is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
18.3 You acknowledge and agree that Animal Apps is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19.1 Animal Apps may make changes to the Terms from time to time. When these changes are made, Animal Apps will notify you of these changes and make a new copy of the changed Terms available at https://www.foalapp.com/terms/.
19.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Animal Apps will treat your use as acceptance of the updated Terms.
19.1 The Terms constitute the whole legal agreement between you and Animal Apps and govern your use of the Services (but excluding any services which Animal Apps may provide to you under a separate written agreement), and completely replace any prior agreements between you and Animal Apps in relation to the Services.
19.2 You agree that Animal Apps may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.3 You agree that if Animal Apps does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Animal Apps has the benefit of under any applicable law), this will not be taken to be a formal waiver of Animal Apps’ rights and that those rights or remedies will still be available to Animal Apps.
19.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.5 The Terms, and your relationship with Animal Apps under the Terms, shall be governed by the laws of the state of Victoria, Australia without regard to its conflict of laws provisions. You and Animal Apps agree to submit to the exclusive jurisdiction of the courts located within Victoria to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Animal Apps shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This policy is in addition to, and does not limit your rights with respect to, the consumer guarantees under the Australian Consumer Law or any other rights or remedies that you have under law in relation to the supply of goods.
If you are a consumer, you may be entitled to the benefit of statutory consumer guarantees in respect of products purchased from Animal Apps. In accordance with the Australian Consumer Law, you are entitled to a replacement or refund for a major failure. Please email info@foalapp.com with details of the failure/fault and we will organise a replacement or refund.
For voluntary returns you can return your ordered products within 30 days of the delivery date if they are still in new, unused condition and still in the original packaging. Please email info@foalapp.com to request to return your product, including the reason for the return. After your return is received at Foal App, allow five business days for us to process your return and submit a refund to your original form of payment.
PLEASE NOTE: Returns forfeit all shipping and handling fees.