Usage

You acknowledge and agree that you will only use the Website on a personal and non-commercial basis and information obtained from the Website

• must not be used, or permitted to be used, for any commercial or non-personal purpose;
• must not be removed, copied or reproduced, unless express permission is given by Bark;
• must only be used lawfully and in accordance with these Terms; and
• must not be disrupted in any way, by for example interfering with the software of the Website.

Bark, including but not limited to its directors, officers, employees, agents, representatives and third-party content providers, does not under any circumstances make any warranty or representation that the Website will be uninterrupted or error-free.

Bark makes every effort to ensure that the Website is running efficiently and smoothly, however we take no responsibility and will not be liable for the Website being unavailable for any reason whatsoever.

Membership

In order to access some of the features of the Website you will need to become a member.

If during the process of becoming a member you provide any information which is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete we may suspend, terminate or refuse both your current and future access to and use of the Website..

Orders

When you place an order with Bark, it is an offer by you to purchase a particular Product or Products for the specified price shown on the Website at the time of the order and in accordance with these Terms.

Bark reserves the right to reject your offer to purchase Products for any reason whatsoever, including but not limited to, errors in pricing, errors in Product descriptions, you trying to purchase more than normal retail quantities and Product unavailability. Under such circumstances, Bark may contact you to make alternative arrangements.

Prices and availability of Products are subject to change without notice.

Bark will not be held liable or responsible for lack of stock or sold out items due to third party supplier or manufacturer issues. In the event of this occurring, Bark may contact you in order to offer an alternative item, refund or credit.

Bark reserves the right to limit purchases to normal retail quantities. 

Intellectual Property

You acknowledge that all material published or appearing on the Website, including but not limited to designs, logos, graphics, images, icons, photographs, typefaces, software, data, information, pictures, and other materials, including all third party content and user generated content (collectively, Content) is the sole property of the Owner. The Content may not be reproduced, published or transmitted without prior written consent from the Owner. Infringement of copyright, trademark and/or other intellectual property rights may result in civil and/or criminal penalties.

The words "Bark.au" is a registered trademark and governed under intellectual property law. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.

All rights not expressly granted herein are reserved.

Privacy and Personal Information

Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use the Website you agree to the terms of the Privacy Policy (as amended from time to time).

Typographical Errors

In the event that a Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Bark reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Such occurrences may warrant a refund or store credit and will be assessed on an ad hoc basis.

If there is any inconsistency between the prices shown in Bark catalogues, emails or other promotional material and the prices shown on the Website due to human or typographical error, Bark reserves the right to nominate which price the Product will be sold for and Bark will not be held liable or responsible in any way.

Content

You acknowledge and accept that:

• The information provided on the Website or any other material accessed via the Website is general information and should not be construed or used as advice.
• The content of the Website is subject to change without notice. Bark reserves the right to update and make changes to the Website without any notice to users of the Website.
• While Bark makes every effort to ensure that the information and other material provided on the Website is current, reliable, accurate and complete, all information and material on the Website is provided in good faith on an "as is" basis and to the extent permitted by law, we do not warrant or make any representations as to the currency, accuracy, reliability or completeness of information and material provided on the Website.
• Bark, including but not limited to its directors, officers, employees, agents, representatives and third party content providers, does not accept any responsibility arising in any way (including negligence), and is not liable for any loss (whether direct or indirect), resulting from any reliance or action taken by you on any information or material accessed through the Website or for errors, or omissions from, the information provided on the Website.
• Photographs, illustrations and packaging images shown on the Website are a representation of the Products advertised and the appearance of actual Products may vary.
• You will make your own inquiries and seek independent advice before acting or relying on any information or material provided on the Website.

THIRD PARTY LINKS

The Website may contain links to other sites on the internet that are owned and operated by third parties (Third Party Website). Those links are provided to you as a free service for your convenience only.

Any dealing between you and a Third Party Website is solely between you and the owner of that website and you use and access any Third Party Website at your own risk. You may not make any claim against Bark in relation to your use and access to any Third Party Website. Any link from the Website directing you to a Third Party Website does not imply our endorsement or approval of that Third Party Website, or any product or service being offered, provided, advertised or promoted on that Third Party Website. To the extent permitted by law, we do not make or give any representation or warranty, whether express or implied, as to any matter relating to any Third Party Website, including but not limited to the currency, reliability, accuracy and completeness of information provided on that Third Party Website.

THIRD PARTY INFORMATION

Information about the Products that are sold on the Website have been largely sourced from third parties, who are the manufacturers, suppliers and/ or retailers of those Products (Third Party Information).

You agree and acknowledge that where the Website sets out Third Party Information, that Third Party Information is being made available by us to you as a free service for your convenience only. Whilst we will not knowingly provide incorrect information, any reliance on Third Party Information is entirely at your own risk. To the extent permitted by law, Bark does not give any representation or warranty, whether express, implied or otherwise, as to the accuracy, currency, reliability or completeness of Third Party Information provided on the Website and we are not responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.

Consumer Guarantees - your right to refund, replacement or credit

The Australian Consumer Law (ACL) is the national law for fair trading and consumer protection. Nothing in these Terms excludes, restricts, or modifies any right, remedy or consumer guarantee available to you under the ACL.

You are entitled to a refund, replacement or credit from Bark when a product fails to meet one of the automatic consumer guarantees provided under the ACL, including that:

• The product is faulty or of unacceptable quality;
• The product does not match the product description; and
• The product is unfit for the intended purpose (does not do what it is meant to);

The consumer guarantees will not apply where you have:

• caused the product to become damaged (such as using the product in a way that it is not intended to be used);
• have mistreated or abused the product (intentionally or unintentionally);
• received what you asked for but changed your mind, found it cheaper elsewhere or decided you do not like the product; or
• knew of or were made aware of the faults before you bought the product.

You will be required to provide proof of purchase if you wish to claim a refund, replacement or credit from Bark.

Limitation of Liability

Where an Act of Parliament suggests any term, condition or warranty in the Terms and liability cannot be excluded, the liability of Bark will be limited.

Bark's total liability shall in no circumstances exceed:

• in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or
• in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Indemnity

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

Coupons and Discount Codes

Bark may issue coupons or discount codes from time to time for use on the Website (Discount Codes).

Discount Codes:

• Cannot be applied to previously placed orders;
• Cannot be used in conjunction with other offers, unless otherwise specified on the Discount Code;
• Are not transferrable (unless otherwise specified on the Discount Code) or redeemable for cash or credit; and
• Must be entered prior to completing your order.

You acknowledge and agree that Bark reserves the right to:

• Modify the terms of, cancel or restrict the use of Discount Codes at any time for whatever reason;
• Exclude certain Products from Discount Codes.

Delivery

We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Bark does not accept any liability for loss or damage suffered by anyone as a result of any such delays and we shall not be liable for any inaccuracy of information provided in relation to the date and time of delivery.

Bark reserves the right not to ship to remote or rural locations.

BARK Dog Food Delivery 

Bark reserves the right to select which areas may receive free or flat rate shipping based on market conditions, logistics, availability of product, service or transport. We (Bark) reserve the right to change or cancel Bark Dog Food Delivery anytime and without notice.

We also reserve the right to select where (location) and when we deliver to ensure complete safety to our staff and our customers.

If you are not home at time of delivery, we will leave at your front door (or safe space) and provide you photo proof of delivery. We are not liable for any missing products following delivery of goods to the address you have provided. Incorrect address details will result in delivery fee or administration fee to cover our costs.

If you use a code that does not match your area code then your order will automatically be cancelled.

If you use the code and do not have Healthy Houndz DOG FOOD (3kg bag) in your cart your order will be cancelled.

Minimum Order: You must have at least 1 Bag Healthy Houndz DOG FOOD (3kg bag) in your cart to qualify for Bark delivery - you can add other non food items as long as you have Healthy Houndz DOG FOOD (3kg bag) in your cart.

This service is offered by Bark and can be modified at any time in the interests of our customers, and/or in the interests of the business operating as Bark.com.au

Severability

If any portion of the Terms deemed to be invalid, illegal or unenforceable, that will not affect or impair the validity, legality or enforceability of the remaining terms and those remaining terms shall remain in full force and effect.

Capacity

You must be over the age of 18 years and/or able to enter into a legally binding contract to use the Website.

Law

These Terms, and your use of the Website shall be governed by the laws in existence in Australia. Any claim(s) related to bark.com.au, its constituents, and/or services provided by Bark shall be governed by the laws of the state of Victoria and you agree to submit to having the matter dealt with in a court within Victoria, Australia.

Contact

If you have any questions or concerns in relation to the Website or the Terms please email team@bark.com.au 

Interpretation

• Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
• Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
• Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
• References to includes or including or like words or expressions shall mean without limitation.

"Product" means the goods and/ or services being offered by us and promoted through the Website.