Terms of service

Proudi Terms of Service

Thank you for visiting our website (www.proudi.com). This website is owned and operated by Proudi Pty Ltd and our registered office is at 5/252 Earnshaw Road, Northgate QLD 4013 (ABN #38622483327).

By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms and Conditions carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means Proudi.

You may contact us at any time by writing to us at info@proudi.com.

Account membership & communication

By registering your details on our website, you become a registered member.  

When you register and activate your account, you will provide us with personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

To create an account, you must be:

• At least 18 years of age;
• Possess the legal right and ability to enter into a legally binding agreement with us; and
• Agree and warrant to use the website in accordance with these Terms and Conditions.

By visiting our website or communicating with us via email, you consent to receiving electronic communication from us. As an account member, you also consent to our communication via SMS text messages, for us to better serve your subscription.

 

Mobile terms of service

When you provide us with your mobile phone number, you may opt in to marketing communications in respect of exclusive offers, new arrival alerts and cart reminders and agree to our Mobile Terms of Service below.

You consent to accept and receive calls and SMS text messages from us to the phone number you provide to us when you signed up or update the contact information associated with your use of our products and services. Your phone number will be used for marketing communications. The frequency of such communications may vary. Message and data rates applied by your cell phone carrier may apply to the text and SMS messages we send you, and neither us nor your cell phone carrier is liable for delayed or undelivered messages.

Except as otherwise provided in our terms you may opt-out of marketing communication SMS text messages from Proudi by replying “STOP.” If you wish to reactivate text or SMS messages, or if you are experiencing issues receiving text or SMS messages, please contact us.

Details on our collection, use, and handling of Personal Data are described in our Privacy Policy.

 

Collection notice

We collect personal information about you in order to process your order(s), provide you with our subscription service and for purposes otherwise set out in our Privacy Policy.

We may disclose this information to third parties that help us deliver our services (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 of our subscription service to you.

We may also disclose your personal information to recipients that are located outside of Australia, including to cloud providers, website hosting companies and our employees located in other countries.

Our Privacy Policy explains: how we store and use, and how you may access and correct your personal information; how you can lodge a complaint regarding the handling of your personal information; and how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at info@proudi.com.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms and Conditions.

 

Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our 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 may, from time to time and without notice, change or add to the website (including these Terms and Conditions) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

 

Products or Services

Products or Services may be available online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

An order placed by you is an offer to purchase the goods ordered for the price specified on this website at the time your order is entered (including delivery and any other charges). Proudi reserve the right to refuse service to anyone for any reason at any time.

The availability of goods featured on this website, and the price of such goods (including delivery charges), may change from time to time.

We are not bound to supply any Products in the quantities ordered or at all.

If you purchase or use any Products, you:

·         Warrant and represent that you are at least 18 years of age;

·         Are ordering the Products for consumption in Australia;

·         Warrant, represent and agree that you will not re-sell or otherwise re-supply any Products.

At times the picture of the goods on the website may differ from the goods actually supplied to you.

We do not warrant the accuracy of information contained in the product list and you agree that you will read the labels on goods carefully before consumption.

We will endeavour to ensure that all Products ordered by you are supplied to you. However, there is the possibility that our inventory may fluctuate from time to time and that an item indicated as ‘stocked’, at the time you place your order, may in fact be out of stock. In this event we will contact you and advise the lead time on supply and will offer you the option of cancelling the order and receiving a full refund.

 

Price and Payment

All prices stated on the website are inclusive of GST.

The price of products excludes applicable freight, transportation, insurance, packing, storage, handling or similar charges and you agree to pay and indemnify us for such charges.

You must pay us the full price of your order before we will send any part of it.

You must pay by credit card or debit card using Mastercard or Visa or American Express or Paypal.

 

Subscription

Our subscription can only be purchased on our website. You must be a registered member to subscribe to our service.

We offer different subscription packages on our website, with tailored food amounts, pricing and shipping schedules. We have the right to change prices and subscription packages at any time.

Once your subscription is placed, you will receive electronic confirmation from us.

You must pay for your subscription with either a credit or debit card (MasterCard, Visa or AMEX). We may change the accepted payment methods at any time.

You acknowledge that your subscription has an ongoing payment, which can be paused or cancelled from your account login, or by contacting us on info@proudi.com.

 

Deliveries and Returns

Products ordered from us can be delivered to the postcodes we are able to ship to within Australia and may change from time to time. Our deliveries exclude PO boxes at this time.

Products will be delivered by our third-party courier. We reserve the right to not deliver to all locations and will tell you if we can deliver to your address when you register on our website.

You will not hold us responsible for any delivery delays that are outside of our control.

Any missing deliveries should be reported to our Customer Care team by emailing us on info@proudi.com.

You acknowledge that the products are frozen and once delivered you must take all the necessary steps to ensure the products are stored according to our recommendations and we are not liable for any products that spoil due to poor storage once they have been delivered.

We take customer satisfaction and care incredibly seriously and want to ensure you have the best experience when receiving products from us. If you are dissatisfied at any time, please email our Customer Care team at info@proudi.com.

We reserve the right to not refund, credit, or discount your account if we believe the product was sent to you in a suitable condition and it was as specified as per the order you made with us. Due to the nature of the product and its perishability, we do not accept returns.

 

Refund Policy

We will not provide a refund or exchange if you simply change your mind. However, you may have rights to a replacement or refund under the Australian Consumer Law.

Nothing in these Terms attempts to modify or exclude the conditions, warranties, undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

If you consider that any products sent to you are damaged, or defective or fail to comply with any of your Consumer Law Rights, you must notify us by contacting us on info@proudi.com. For us to determine whether a remedy is owed to you, you must provide the following information:

• proof of purchase and purchase date within 30 days of contacting us;
• product type and product number (this will be a date on the product packaging); and
• digital evidence (photos) of the defect.

Unless the product defect was only noticeable upon opening, all products must be in their original undamaged packaging and condition and have not been used, worn, damaged, tampered with, washed, altered, and with all product tags still intact.

We will examine the received digital evidence of the defective product and will notify you of the outcome via email within 30 days.

Where your claim is a valid claim under the Australian Consumer Law, we may, depending on the failure, either dispatch a new replacement product, refund you the price of the relevant product or provide you with a credit for your next order.

We will process all refunds via the original payment method used by you. Please allow up to 30 business days from the date we confirm a refund will be processed before funds reflect in your account.

Please contact us for further information.

 

Palatability Guarantee

We want your pet to love Proudi! That’s why we offer a one-off palatability guarantee for each household.

If your dog or cat does not enjoy the taste of Proudi and refuses to eat the product, you may be eligible for a full refund on your order.

To make a claim:

• You must contact us at info@proudi.com within 14 days of receiving your order.
• We will provide a short palatability claim form for you to complete.
• This guarantee applies to one claim per household.
• The product must have been purchased directly from proudi.com.

We reserve the right to request further information and to deny any claim that does not meet these conditions.

 

Cancellation of subscription

You can cancel your subscription at any time by logging into your customer account.

If you cancel your subscription, you will not be eligible for a pro-rated refund based on the unused days of your subscription.

If you wish to make changes to your subscription before your next delivery, you must do so before the cut-off date indicated within your customer account, and before your account is charged.

 

Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Linked Sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

 

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in allof the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

 

No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

 

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• Using this website to defame or libel us, our employees or other individuals;
• Uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• Posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

 

Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Proudi, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Proudi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information
Questions about the Terms of Service should be sent to us at info@proudi.com.

Our contact information is posted below: 

Proudi Pty Ltd

5/252 Earnshaw Road, Northgate QLD 4013

E: info@proudi.com