TERMS & CONDITIONS
About this website
Welcome to scatbags.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
The Website is operated by Scatbags Pty Ltd (‘Scatbags’). (ABN 81 643 281 949). Access to and use of the Website, or any of its associated Products or Services, is provided by Scatbags. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Scatbags reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Scatbags updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Scatbags in the user interface.
Registration to Use the Purchase Services
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself, including:
- Email address
- Mailing address
- Telephone number
Once registered, you will become a member of the Website ('Member') and agree to be bound by the Terms
You may not use the Purchase Services or accept the Terms if:- You are not of legal age to form a binding contract with Scatbags; or
- You are barred from receiving the Purchase Services under the laws of Australia or other relevant jurisdictions.
Your Obligations as a Member
As a Member, you agree to comply with the following:
- Use the Purchase Services only for purposes permitted by law and these Terms;
- Keep your password and email confidential;
- Notify Scatbags of any unauthorised use or security breach;
- Access and use the Website for personal use only;
- Refrain from illegal or unauthorised uses, including spam, scraping, or framing;
- Accept that commercial ads, affiliate links, and solicitations may be removed without notice;
- Acknowledge that automated use of the Website is prohibited.
Purchase of Products and Returns Policy
By using the Purchase Services to buy a Product, you agree to pay the listed purchase price ('Purchase Price'). Payment is made through Shopify (the 'Payment Gateway Provider'). By using this Payment Gateway, you agree to their terms and policies. After payment confirmation, you will receive a receipt, and Scatbags may store your purchase details.
Refunds may be issued within 30 days for unopened, saleable Products. Postage/shipping costs for returns are your responsibility.Warranty
Scatbags's Products come with guarantees under Australian Consumer Law. You are entitled to:
- A replacement or refund for major failure;
- Repair or replacement for non-major defects.
- Provide proof of purchase;
- Describe the defect and send notice to: 16/5 Campbell Pde, Bondi Beach, NSW 2026 or email: poo@scatbags.com
Delivery
Delivery ('Delivery Services') is facilitated via third-party companies ('Delivery Service Providers').
Scatbags is not the delivery provider but merely facilitates the process. In the event of loss or damage during delivery:- Contact the Delivery Service Provider for compensation;
- Email poo@scatbags.com with damage details so Scatbags can review provider suitability.
Copyright and Intellectual Property
The Website and all content are protected under copyright law. Unless otherwise indicated, all rights are reserved by Scatbags.
You must not, without permission:- Broadcast, republish, upload, distribute, adapt, or use any content beyond personal use.
Privacy
Your personal information is subject to Scatbags’s Privacy Policy, available on the Website.
General Disclaimer
Scatbags makes no warranties or guarantees beyond those required by law. Visuals (e.g. size, colours, packaging) may differ from actual Products.
Subject to Australian Consumer Law:- All implied terms and warranties are excluded;
- Scatbags is not liable for indirect, consequential, or special damages including profit loss, delay, or third-party actions.
Limitation of Liability
Scatbags’ liability is limited to the most recent Purchase Price paid or the resupply of information/services.
Scatbags is not liable for:- Loss of profits, goodwill, or intangible damages;
- Content posted by users or third parties;
- Delivery issues caused by third-party providers.
Termination of Contract
You may terminate the Terms by:
- Notifying Scatbags; and
- Closing your Website accounts.
- You breach any provision;
- Required by law or due to third-party service changes;
- Services are no longer viable.
Indemnity
You agree to indemnify Scatbags against:
- Claims arising from your posted Content;
- Your use or attempted use of the Website;
- Any breach of these Terms.
Dispute Resolution
Compulsory
Before court or tribunal action, the following steps must be followed unless urgent relief is needed.
Notice
A written dispute notice must outline:- The nature of the dispute;
- Desired outcome;
- Proposed resolution.
Upon receiving notice:- The parties must attempt to resolve it in good faith within 14 days;
- If unresolved, a mediator may be appointed by the President of Fair Trading.
Mediation Location
Sydney, Australia.
Confidentiality
Negotiations are confidential and “without prejudice”.
Mediation Termination
If 14 days pass without resolution, either party may request mediation termination.Venue and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Disputes must be resolved in New South Wales courts.
Governing Law
These Terms shall be interpreted according to the laws of New South Wales, Australia, and are binding on all successors and assigns.
Independent Legal Advice
Each party confirms these Terms are fair and were agreed upon with the opportunity to seek legal advice.
Severance
If any provision is found to be unenforceable, it shall be severed, and the remaining Terms will remain in effect.
Privacy Policy
We respect your privacy
Scatbags Pty Ltd (‘Scatbags’) respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
"Personal information" is information we hold which is identifiable as being about you.Collection of personal information
Scatbags will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
Additionally, we may also collect any other information you provide while interacting with us.How we collect your personal information
Scatbags collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
Use of your personal information
Scatbags may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
Scatbags may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.Disclosure of your personal information
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Scatbags, scatbags.com.au, its customers or third parties.
Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to USA.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.Security of your personal information
Scatbags is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.Access to your personal information
You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at poo@scatbags.com. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to 16/5 Campbell Pde, Bondi Beach, New South Wales, 2026. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
Changes to Privacy Policy
Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy. Website
When you visit our website
When you come to our website (scatbags.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Scatbags is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
18th February 2019