Terms + Privacy

DISCLAIMER OF LIABILITY

GENERAL DISCLAIMER

WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS IN ASSOCIATION WITH USE OF THIS WEBSITE OR A LINKED WEBSITE.THIS GENERAL DISCLAIMER IS NOT RESTRICTED OR MODIFIED BY ANY OF THE FOLLOWING SPECIFIC WARNINGS OR DISCLAIMERS. 

SPECIFIC WARNINGS AND DISCLAIMER

The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own safeguards to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be amended. We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of PLANE PAL) will PLANE PAL be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website. To the fullest extent permitted by law, PLANE PAL’s liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of PLANE PAL to the following: in the case of services supplied or offered by PLANE PAL, which are not of a kind typically acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by PLANE PAL, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by PLANE PAL and PLANE PAL may terminate this agreement and your access to the website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

PAYMENTS

All transactions are secure and encrypted, and we never store your credit card information.  All credit/debit card transactions on the PLANE PAL site are processed using Shopify Payments. Payment information is also governed by Shopify Payments privacy policy. Security is Shopify's highest priority. Shopify meet or exceed the most stringent industry standards: each piece of Shopify's infrastructure and each stage of their operations are designed with security in mind. Learn more about Shopify Payments here.


GENERAL TERMS

1 EXCHANGES + RETURNS

1.1 Subject to the rights granted to you by statutory consumer protection legislation PLANE PAL does not offer refunds or exchanges for change of mind.

1.2 In the unlikely event that there is a fault with your purchase PLANE PAL will replace the product. Please email hello@planepal.com.au within 7 days of purchase to report a fault and arrange the return of the faulty item and delivery of a replacement.

1.3 Under no circumstances will PLANE PAL be liable or issue a refund if the product is not delivered in time for travel. Please allow ample time for delivery. The time frames quoted on this site are a guide only and can be affected by many factors. 

2 LIMITATION OF LIABILITY

Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury, death or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

3 COMPETITIONS + PRIZES

3.1 To enter our competitions, entrants must complete all requirements as listed on the website or social media platform and entries must be received by the promoter by the close of business on the specified closing date (AEST).

3.2 The winner may be required to take part in promotional activity related to the prize draw and the winner shall participate in such activities at our reasonable request. The winner consents to the use by us and our related entities, both before and after the closing date of the prize draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites or social media hosted by us and our related entities) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the prize draw, all entrants consent to the same.

3.3 The judges’ decision is final and binding. As such, no correspondence will be entered into.

3.4 Plane Pal accepts no responsibility for any damage loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering our competitions or accepting the prize. If any prize is unavailable, for whatever reason, the promoter reserves the right to substitute the prize for a prize of equal or lesser value.

3.5 Each entrant’s personal information (‘PI’) is collected to enable the promoter to administer and promote this competition and the winner. The PI of winners may be provided to third parties who are assisting the promoter, including prize suppliers, deliverers and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by the promoter at its sole discretion, to be ineligible to win a prize. Errors and omissions may be accepted at the promoter’s discretion. Failure by the promoter to enforce any of its rights at any state does not constitute a waiver of those rights.

3.6 The promoter reserves the right at its sole discretion to disqualify any individual who the promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

3.7 All prize values are listed in AUS dollars.

4 RISK

4.1 Title of the purchase will pass to you on receipt of full payment from you or when you receive the purchase, whichever happens later.

4.2 Risk of loss or damage to the purchase will pass to you when we provide the purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery. We are not responsible for delivery once the product has been transferred to the third party delivery service (Australia Post), and CANNOT guarantee the delivery time frame.

4.3 Where we send you the delivery tracking number by email, and you claim that you have not received delivery, you must first contact Australia Post Should they not be able to assist you please contact us at post@planepal.com.au

4.4 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, we make no representations to you in respect of your use of the product. PLANE PAL provides no warranty as to any results or outcomes associated with using the product.In particular we highly recommend contacting your carrier and investigating any specific policies they may have that may effect your use of the product.

4.5 You expressly acknowledge that PLANE PAL should be used under direct adult supervision at all times and that the child’s seat belt should remain fastened at all times.

4.6 You expressly acknowledge that your use of our products is at your sole risk.

5 PRIVACY POLICY

5.1 We are committed to protecting the privacy of your personal information. Our Privacy Policy outlines how we manage and safeguard this information. The information you provide will be collected by PLANE PAL may be disclosed to third parties that help us deliver, promote and market PLANE PAL (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our products or services to you.

5.2 Personal information is information that identifies you or could identify you. During your dealings with us, we may collect personal information such as: Your name, address and contact details including email and phone number Your interests in our products, services or events Information about your dealings with us or anyone else Any other information which we may need to promote our goods or services.

If you give us information about another person, you must be authorised to do so and make them aware of who we are and that we may use and disclose their personal information in line with this privacy policy.

5.3 We may collect personal information from you when you use our website. This information may be collected when you tell us about yourself, for example, by subscribing to us, completing an online form, entering details about our products or services, accepting an invitation from us or when you send us an email.

5.4 When you visit any website, it may store information on your browser, mostly in the form of cookies. Cookies are small pieces of data sent from a website and saved on your browser or device. They can be placed by us (PLANE PAL or “first party” cookies) or by other companies (third party cookies).

The information we collect might be about you, your preferences or your device, and is mostly used to make the site work as you expect it to. It doesn't usually directly identify you, but it can give you a more personalised web experience. We allow some of our carefully chosen partners, like Google or Facebook, to place cookies on our site. This helps us understand how our visitors use the website so we can improve your experience.

5.5 We use your personal information to provide our products or services to you, to manage and account for our products or services, to improve our products or services, to manage our relationships with you and to provide you with information about our ideas, events, or other products or services that may interest you. We may also use your personal information to provide you with information about other services offered by third parties which we think you may find interesting. If you would prefer not to receive this information, please contact us. We will not disclose your personal information to any third parties without your consent, unless we are required to by law or to the extent we use third parties to capture or manage your personal information on our behalf.  

5.6 We take reasonable steps to protect all information which we hold (including your personal information). We also take reasonable steps to hold information securely in electronic or physical form. PLANE PAL will not provide this information to third parties without your consent, except where: (a) such disclosure is permitted under the Privacy Act 1988; (b) PLANE PAL is required by law to disclose information to third parties; or (c) PLANE PAL has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.  

5.7 Sometimes it will be necessary for us to update and change our privacy policy. We reserve the right to change our privacy policy at any time. We may notify you about changes to our privacy policy by posting an updated version on our website.  

5.8 You may request access at any time to personal information we hold about you by emailing us. We will deal with all requests for access to personal information as quickly as possible but may charge you a fee where access is provided.  

5.9 Text Marketing Notifications: By subscribing to PLANE PAL text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialling system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.