Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Pilloway!

The terms “we”, “us” and “our” refer to Pilloway. Pilloway operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).

Pilloway is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you access or use our Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, obligations, warranties, limitations of liability and other matters relating to your use of our Services.

By visiting, interacting with, purchasing from or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, province or country of residence, or that you have provided consent for any minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, including your name, email address, billing information, payment information, shipping address and phone number.

You represent and warrant that all information you provide is accurate, current and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security and confidentiality of your account credentials and for all activity occurring through your account.

You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to accurately represent our products and services through our online store.

However, colours, dimensions, appearance and other visual characteristics may vary depending on the device, screen, display settings and other technology you use to access our Services.

We do not guarantee that the appearance of products displayed on your screen will exactly match the physical product you receive.

Product descriptions, pricing, availability, specifications and other information may be updated or changed at any time without notice.

We reserve the right to discontinue products, introduce new products or limit the quantities of products available to any person, household, geographic region or jurisdiction where reasonably necessary.

Nothing in this section excludes any rights or guarantees that cannot legally be excluded under applicable consumer law.

SECTION 3 – ORDERS

When you place an order through Pilloway, you are making an offer to purchase the selected products or services.

Pilloway reserves the right to accept or decline an order where reasonably necessary, including in circumstances involving suspected fraud, payment issues, incorrect pricing, product availability or errors in order information.

Your order is not considered accepted until payment has been successfully processed and your order has been confirmed.

Please review your order carefully before submitting it.

Once an order has been successfully processed and confirmed, we may be unable to cancel or modify that order because it may have already entered our fulfilment process.

If we are unable to accept your order, or if we need to cancel or modify it, we will attempt to contact you using the email address, phone number or billing information supplied when the order was placed.

Purchases are subject to our Refund Policy and any rights you may have under applicable consumer law.

You represent that products purchased through our Services are primarily intended for your own personal or household use and not for unauthorised commercial resale.

SECTION 3.1 – RECURRING SUBSCRIPTION TERMS & CONDITIONS

By purchasing, selecting or otherwise opting into a Pilloway recurring subscription, you acknowledge and agree to the following subscription terms.

Billing Cycle

Unless otherwise clearly stated at the time you subscribe, Pilloway subscriptions are billed every 30 days.

Your first subscription purchase establishes your subscription and billing cycle.

After any applicable free or introductory period, your payment method will automatically be charged the recurring subscription price disclosed to you when you subscribed.

Your subscription will then continue to renew automatically according to the billing frequency disclosed at the time of purchase unless you pause or cancel it before the applicable rebill is processed.

By opting into a subscription, you authorise Pilloway and its payment providers to automatically charge your selected payment method for recurring subscription orders in accordance with the subscription offer you accepted.

No Minimum Commitment

Pilloway subscriptions have no minimum commitment period and no lock-in period.

You may pause or cancel your subscription at any time.

However, your pause or cancellation must be completed before your next scheduled rebill is processed if you wish to prevent that order from being created and charged.

If you do not pause or cancel your subscription before the scheduled rebill is processed, your payment method may automatically be charged and a new recurring order will be created.

Once a recurring subscription payment has been successfully processed and the corresponding order has been confirmed, we are unable to cancel or refund that order solely because you changed your mind, forgot to cancel, or no longer wanted the upcoming subscription order.

Any pause or cancellation completed after a recurring order has already been processed and confirmed will apply to your next scheduled subscription order.

This does not limit any rights or remedies you may have under applicable consumer law in relation to products that are faulty, damaged, incorrectly supplied or otherwise fail to comply with applicable consumer guarantees.

Automatic Renewal

Your subscription will automatically continue and renew according to the billing frequency disclosed when you subscribed unless you pause or cancel it before your next scheduled rebill is processed.

By maintaining an active subscription, you authorise us to automatically charge your payment method for each recurring subscription order.

It is your responsibility to manage your subscription before your upcoming billing date if you do not want the next recurring order to be processed.

30-Day Change of Mind Period

Where Pilloway offers a 30-day change of mind period, that period begins from the date of your first subscription purchase.

The 30-day change of mind period applies to your initial subscription purchase only.

It does not restart, renew or create a new 30-day change of mind period each time your subscription renews or a recurring order is processed.

Once a subsequent recurring subscription order has been successfully rebilled and confirmed, that recurring order is not eligible for a refund solely due to a change of mind.

The 30-day change of mind policy is separate from any rights you may have under applicable consumer law.

Nothing in these Terms is intended to exclude, restrict or modify any consumer rights that cannot legally be excluded.

Promotional Offers, Free Trials & Discounts

From time to time, Pilloway may offer introductory subscription promotions, free products, free trial periods, discounted first orders, bonus products or other promotional subscription offers.

The exact terms of the promotion will be disclosed to you when you opt into the offer.

Unless otherwise expressly stated, promotional pricing, free products or introductory benefits apply only for the period specified in the offer.

After the promotional or introductory period ends, your subscription will automatically renew at the recurring subscription price disclosed to you when you accepted the offer unless you pause or cancel your subscription before the scheduled rebill is processed.

For example, where an offer provides a product or bundle FREE for your first 30 nights, your payment method will be charged the recurring subscription price disclosed when you opted into the offer after the initial 30-night period unless you pause or cancel before the scheduled rebill is processed.

By accepting a promotional subscription offer, you acknowledge and agree that it is an ongoing recurring subscription and that future subscription payments will be automatically charged at the disclosed recurring price and billing frequency unless you pause or cancel.

Managing, Pausing or Cancelling Your Subscription

You may manage, modify, pause or cancel your subscription through your available subscription management portal or by contacting our customer support team.

There are no cancellation fees and no minimum lock-in period.

To prevent your next recurring subscription order from being charged, your pause or cancellation must be completed before your scheduled rebill is processed.

Once the scheduled payment has been successfully processed and the corresponding order has been confirmed, we cannot cancel or refund that recurring order solely due to a change of mind.

Any pause, cancellation or other subscription change made after an order has already been processed will apply to the following billing cycle.

Price Changes & Notifications

We reserve the right to update subscription pricing, products, benefits or terms from time to time.

Where a change affects the price or material terms of your future recurring subscription orders, we will provide notice where required by applicable law.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change from time to time.

The price charged for a product or service will be the applicable price displayed and agreed to at the time the order is placed, subject to correction of genuine errors where permitted by law.

Your order confirmation will contain details of the amount charged.

Unless otherwise expressly stated, displayed prices may not include shipping, handling, customs, duties, taxes or import charges that may apply to your order.

Prices offered through our online store may differ from prices offered through other stores, marketplaces, promotions or third-party platforms.

From time to time, we may offer promotions that are subject to separate promotional terms and conditions.

Where specific promotional terms conflict with these general Terms of Service, the specific promotional terms will apply to that promotion to the extent of the inconsistency.

You agree to provide current, complete and accurate purchase, billing and account information.

You also agree to promptly update information where necessary, including your email address, billing information, payment information and card expiry dates, so we can process your transactions and contact you where required.

You represent and warrant that you are authorised to use the payment method provided and agree to pay all valid charges associated with orders you place through our Services.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times displayed or communicated by Pilloway are estimates unless expressly stated otherwise.

Shipping and delivery times may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, weather events, peak shipping periods, incorrect customer information and other logistical disruptions.

We are not responsible for delays caused solely by third-party shipping carriers, customs authorities or circumstances outside our reasonable control, subject to any obligations we may have under applicable law.

Customers are responsible for providing accurate and complete shipping information when placing an order.

If an incorrect or incomplete address is supplied, additional delivery charges or delays may apply.

Nothing in this section excludes any rights you may have under applicable consumer law.

5.1 – SHIPPING FEES

Shipping fees applicable to your order will be displayed during the purchase process where applicable.

Promotional Shipping Offers

Where your initial purchase includes a promotional FREE SHIPPING offer, that promotion applies only to the order or period specified in the promotion.

Unless otherwise stated when you subscribe, future recurring subscription orders may be subject to the standard applicable shipping charge.

Any applicable recurring shipping costs will be communicated as part of the subscription offer where required.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand names, logos, text, graphics, product photographs, videos, audio, designs, layouts, product reviews, written content and other materials, are owned by or licensed to Pilloway and are protected by applicable intellectual property laws.

These Terms allow you to access and use our Services for personal, non-commercial purposes.

Unless you have received prior written permission from Pilloway, you must not reproduce, copy, distribute, modify, create derivative works from, publicly display, republish, download, store, sell or commercially exploit material contained within our Services.

Nothing in these Terms grants you any licence or ownership rights in Pilloway's trademarks, copyright, designs, branding or other intellectual property except where expressly stated.

Pilloway names, logos, product names, service names, designs and slogans may be trademarks or other intellectual property belonging to Pilloway or its licensors.

You must not use this intellectual property without prior written permission where such permission is legally required.

Shopify's names, logos, products and services remain the intellectual property of Shopify and its respective licensors.

All other trademarks appearing through our Services remain the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to tools, services or functionality supplied by third parties.

We may not monitor or have control over these third-party tools.

Where permitted by law, access to optional third-party tools is provided on an “as is” and “as available” basis.

Your use of optional third-party tools is at your own discretion and you should review and understand the applicable third party's terms and privacy practices before using those tools.

We may introduce new tools, services, resources or functionality in the future.

Any new features forming part of our Services will also be subject to these Terms of Service unless otherwise stated.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links, integrations or materials provided or operated by third parties.

We are not responsible for controlling or evaluating all third-party websites, content, products or services you choose to access.

If you leave our Services and access a third-party website, you should review that third party's terms, policies and practices.

To the extent permitted by law, Pilloway is not responsible for loss or damage caused solely by your independent use of third-party websites, products or services.

Questions, complaints or claims relating specifically to third-party products or services should generally be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Pilloway's online store is powered by Shopify, which provides technology that enables us to offer our Services to you.

However, purchases made through our Store are transactions directly between you and Pilloway unless expressly stated otherwise.

Shopify is not the seller of Pilloway products.

To the extent permitted by law, Shopify is not responsible for Pilloway products, fulfilment, customer service or transactions between you and Pilloway.

Nothing in this section limits any rights you may have against the appropriate party under applicable law.

SECTION 10 – PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our online store is hosted through Shopify, Shopify may also collect and process certain personal information relating to your access to and use of our Services.

Information you submit through our Services may be transmitted to Shopify, payment providers, fulfilment partners and other service providers where reasonably necessary to provide our Services.

Some service providers may process information in countries outside the country in which you reside.

Please review our Privacy Policy for further information about how Pilloway and our service providers collect, use, disclose and protect personal information.

SECTION 11 – FEEDBACK

If you voluntarily submit, upload, post, email or otherwise provide ideas, suggestions, reviews, feedback, proposals, photographs, videos or other content to Pilloway (“Feedback”), you grant Pilloway a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes including operating, improving and promoting our Services, subject to applicable law.

You represent that you own or have the necessary rights to provide any Feedback you submit.

You also agree not to submit Feedback that violates another person's intellectual property, privacy or other legal rights.

You must not knowingly submit unlawful, defamatory, abusive, fraudulent, misleading or malicious content or content containing malware or harmful code.

You remain responsible for the Feedback you submit and its accuracy.

Where required by law, you must disclose any compensation, incentives or other material connection associated with a review or endorsement.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information contained within our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other information.

We reserve the right to correct genuine errors, inaccuracies or omissions and update information where necessary.

Where legally permitted, we may also cancel or modify an order affected by a genuine material error.

Nothing in this section limits any rights you may have under applicable consumer law.

SECTION 13 – PROHIBITED USES

You may only use our Services for lawful purposes.

You must not use our Services:

(a) for any unlawful, fraudulent or malicious purpose;

(b) to violate applicable laws, regulations or legal requirements;

(c) to infringe our intellectual property rights or the rights of another person;

(d) to harass, abuse, threaten, defame or unlawfully harm another person;

(e) to knowingly transmit false, fraudulent or misleading information;

(f) to upload or transmit malicious software, viruses or harmful code;

(g) to send spam, phishing messages or other unauthorised communications;

(h) to impersonate another person or organisation;

(i) to improperly collect or track personal information belonging to others;

(j) to interfere with or circumvent security features of our Services; or

(k) to use our Services in a manner that materially interferes with another person's ability to use or enjoy them.

You must also not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services in violation of these Terms or applicable law.

We reserve the right to restrict, suspend or terminate access to our Services where we reasonably believe these Terms have been materially violated.

SECTION 14 – TERMINATION

We may suspend or terminate your access to some or all of our Services where reasonably necessary, including where you materially breach these Terms, engage in fraudulent or unlawful conduct, or misuse our Services.

Termination does not affect rights, obligations or liabilities that arose before termination.

Provisions which by their nature are intended to continue following termination will remain in effect, including provisions relating to intellectual property, liability, indemnification, governing law and other accrued rights and obligations.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information presented through our Services is provided for general informational purposes.

While we make reasonable efforts to provide accurate information, we do not guarantee that all information will always be complete, current or error-free.

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that access to our website or Services will always be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot legally be excluded under applicable consumer law.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Pilloway and its directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential losses arising solely from your use of the Services or products purchased through the Services where such liability may legally be excluded.

This may include, where legally permitted, loss of profits, loss of revenue, loss of savings, loss of data or similar consequential losses.

Nothing in these Terms excludes, restricts or modifies liability, consumer guarantees, rights or remedies that cannot legally be excluded, restricted or modified under applicable law.

Where our liability cannot legally be excluded, it will be limited only to the extent permitted by applicable law.

SECTION 17 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Pilloway and our affiliates, directors, officers, employees, agents, contractors, licensors and service providers from third-party claims, losses or liabilities arising directly from:

  1. your material breach of these Terms of Service;

  2. your violation of applicable law;

  3. your infringement of another person's legal rights; or

  4. your unlawful or unauthorised use of our Services.

We will provide reasonable notice of an indemnifiable claim where appropriate.

Nothing in this section requires you to indemnify Pilloway for liability caused by Pilloway's own unlawful conduct, negligence or breach where such an indemnity would be prohibited by law.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law.

Any unenforceable portion will be treated as severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

If Pilloway does not immediately exercise or enforce a right or provision contained in these Terms, this does not automatically constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy, Refund Policy and any other policies or specific terms incorporated by reference, constitute the agreement between you and Pilloway concerning your use of the Services.

They supersede previous versions of these Terms relating to the same subject matter.

SECTION 20 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is legally permitted to be required.

Pilloway may transfer or assign its rights and obligations under these Terms as part of a legitimate business transfer, restructuring, sale or similar transaction, subject to applicable law.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements through which Pilloway provides Services will be governed by and interpreted in accordance with the laws applicable to Pilloway and the transaction, subject to any mandatory consumer protection laws or jurisdictional rights that apply to you.

Nothing in these Terms is intended to remove or restrict any legal rights you may have to bring a claim in a court or tribunal with jurisdiction under applicable law.

SECTION 22 – HEADINGS

The headings contained within these Terms are included for convenience and readability only.

They do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms of Service on this page at any time.

We reserve the right to update, modify or replace these Terms from time to time.

Where we make a material change that affects your existing rights or ongoing subscription, we will provide notice where required by applicable law.

Changes will take effect from the date specified in the updated Terms or accompanying notice.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by law.

SECTION 24 – CONTACT INFORMATION

Questions regarding these Terms of Service can be sent to:

Pilloway
Email: Help@pilloway.com.au