Terms of Service

15141109 Canada Inc., also known as Bark & Chuckle, operates this website and offers all of the information, tools, and services available on it to users, provided that they accept all of the terms, conditions, policies, and notices stated here.

By visiting our site and/or making a purchase, you enter into a "Service" agreement and agree to be bound by the terms and conditions outlined in these "Terms of Service," which apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please carefully read these Terms of Service before accessing or using our website. If you do not agree to all of the terms and conditions in this agreement, you may not access the website or use any of its services.

Any new features or tools added to our store will also be subject to these Terms of Service, which can be reviewed at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for updates, and your continued use of or access to the website after any changes have been made constitutes acceptance of those changes. The terms of service that apply to any order that has been accepted by us will be the ones in effect at the time the order was placed.

Our store is hosted by Shopify, Inc., which provides us with the online platform to sell our products and services.

KEY DISCLOSURES

While our full terms of service are outlined below, here are some key points to consider before becoming a customer:

• We reserve the right to cancel any order we have previously accepted at any time and for any reason.
• We do not guarantee that the quality of products, services, information, or other materials you purchase or obtain from us will meet your expectations, or that errors in our service will be corrected. This is subject to your consumer law rights.
• Our maximum liability arising from or in connection with these terms of service, including any products or services, is limited to and must not exceed the portion of the price you have paid us for the relevant products.
• We may update these terms of service at any time by publishing revised terms on our website.
• These terms do not seek to limit your rights under applicable consumer law.

ONLINE STORE TERMS

• By placing an order, you are offering to purchase a product under these terms of service. Products are subject to availability and confirmation of the order price.
• By agreeing to these terms, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have obtained consent from a parent or guardian to use this site.
• Discount codes can only be used as advertised on our website and can only be applied to a single order at checkout. The terms and conditions for current offers, discounts, and applicable products can be found on our site. For more information about the validity of these codes, please contact us at help@barkandchuckle.com
• We reserve the right to cancel and refund orders at any time for any reason.
• You must pay us the purchase price for each product you order, as well as any applicable delivery costs as listed on the site.
• Risk and ownership of products ordered through the service are transferred to you upon delivery to the nominated third-party delivery or shipping company, as selected by us.
• We offer various shipping options to customize your customer experience. Standard Shipping is provided by YunExpress with an estimated transit time of 3-11 business day. By default, these services require a signature upon delivery. By choosing either of these options, you authorize us to transact with Canada Post on your behalf to ship the product to you.
• If your item has not been delivered within 12 business days of the purchase date, please contact us to initiate an investigation with the postage provider.
• For an additional fee, you have the option to add Covered Shipping, which is guaranteed by  Bark & Chuckle, to your order when selecting either Free Standard Shipping or Express Shipping at checkout. If you have chosen Covered Shipping and your product is lost, damaged, or stolen in transit, we will provide a free replacement order. However, this does not imply that we accept responsibility for any actions by Australia Post, and we are simply offering this additional service to replace your lost, damaged, or stolen product at no extra cost to you. We are not responsible for any delays caused by Australia Post.
• Covered Shipping does not apply if you change your mind about your order. If you wish to return a product or cancel an order, you must follow our 30-day returns policy and send the product back to our warehouse.

GENERAL CONDITIONS

• We reserve the right to refuse service to anyone for any reason at any time.
• When using our services, you acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements of connecting devices or networks. Credit card information is always encrypted during transfer.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our services, or access to our services, without written permission from us.
• The headings in this agreement are for convenience only and do not affect the terms.
  • When using our services, you must not use them for any illegal or unauthorized purpose, or violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses, or code of a destructive nature. Any violation of these terms will result in the immediate termination of your services.

ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION

• We cannot be held responsible if the information provided on this site is not accurate, complete, or current. The material on this site is for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, or more timely sources of information. Any reliance on the material on this site is at your own risk.
• This site may contain historical information, which is provided for reference only and is not current. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. It is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

• Prices for our products may change without notice.
• We reserve the right to modify or discontinue our service (or any part or content thereof) at any time without notice.
• We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of our service.
• Strikethrough prices may reflect the discount code mentioned in the product description.

PRODUCTS OR SERVICES

Some products or services may only be available online through our website and may have limited quantities. These products or services are subject to our return policy and can only be returned or exchanged according to its terms.

We have made every effort to accurately display the colors and images of our products on the website, but we cannot guarantee that the color displayed on your computer monitor will be accurate.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. We may also limit the quantities of any products or services that we offer and reserve the right to discontinue any product at any time. Any offers for products or services on this site are void where prohibited.

Subject to your consumer law rights, we do not guarantee that the quality of any products, services, information, or other materials purchased or obtained from us will meet your expectations or that any errors in the service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

• We reserve the right to refuse any order placed with us. We may also limit or cancel the quantities purchased per person, per household, or per order, in our sole discretion. These restrictions may include orders placed by or under the same customer account, with the same credit card, and/or orders that use the same billing and shipping address. If we make a change to or cancel an order, we may try to notify you by contacting the email and/or billing address/phone number provided when the order was placed.
• We also 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 also 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.
• For more information, please review our Delivery and Returns Policy, which is available on the website and forms part of these Terms of Service.

INTELLECTUAL PROPERTY

• The intellectual property rights for all content that appears on, or in connection with, this website, including the  Bark & Chuckle brand and all other trademarks, trade names, and logos made available to you on or through the website, remain the property of  Bark & Chuckle or its licensors and are protected by intellectual property laws worldwide. All such rights are reserved by  Bark & Chuckle and its licensors. You may store, print, and display the content solely for your own personal use. You are not permitted to publish, manipulate, distribute, or reproduce in any format any of the content of the website or copies of the content supplied to you or that appears on the website, nor may you use any such content in connection with any business or commercial enterprise.

OPTIONAL TOOLS

• We may provide you with access to third-party tools over which we do not have any control or input.
• You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We will not be responsible for any liability that arises from or relates to your use of optional third-party tools.
• If you choose to use optional tools offered through the website, it is your responsibility to familiarize yourself with and agree to the terms on which these tools are provided by the relevant third-party provider(s). Your use of these tools is entirely at your own risk and discretion.
• We may also offer new services and features on the website in the future, including the release of new tools and resources. These new features and services will also be subject to these Terms of Service.

THIRD-PARTY LINKS

• Our site may include materials and resources from third parties, as well as links to third-party websites not affiliated with us.
• We do not endorse or guarantee the accuracy of the content of these third-party materials or websites, and we are not responsible for any liability or damage related to interactions with them. It is your responsibility to carefully review the policies and practices of these third parties before engaging in any transactions or activities with them.
• If you have any issues or concerns with third-party products, please direct them to the appropriate party.”

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

• If you send us any specific submissions, such as contest entries, or unsolicited ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively referred to as "comments"), you agree that we may use, edit, copy, publish, distribute, translate, and otherwise exploit these comments in any medium without restriction. We are under no obligation (1) to keep your comments confidential; (2) to compensate you for any comments; or (3) to respond to your comments.
• We reserve the right, but are not required, to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise inappropriate or that violates any party's intellectual property or these terms of service. You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
• You also agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the service or any related website. You may not use a false email address, impersonate someone other than yourself, or mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We are not responsible and assume no liability for any comments posted by you or any third party.

REVIEWS

• When you make a purchase from us, you have the option to provide feedback about your experience with the product and the process of ordering from our site.
• To do so, you must create an account on our website.
• By submitting a review, you grant us the non-exclusive, revocable, worldwide, and non-transferable right to use your review and any accompanying images on our website, social media accounts, and any other marketing materials.
• You can delete your review by logging into your account at any time. We reserve the right to remove or refuse to post any review for any reason.
• You warrant that your review reflects your honest opinion and personal experience, is not intentionally false or misleading, does not infringe upon any intellectual property rights, does not mention any third parties (including the names of our competitors), and has not been compensated by any third party. Your review should not contain any inappropriate, defamatory, biased, offensive, or threatening language, and should not violate any laws.
• We are not responsible for the content of any reviews, to the maximum extent permitted by law."

PERSONAL INFORMATION

• Our personal information collection practices, as outlined in our Privacy Policy, are fully integrated into these Terms of Service. To view our Privacy Policy, please visit our website. By accessing our website and making purchases from our store, you explicitly consent to the collection of your personal information as outlined in our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

• From time to time, there may be discrepancies or errors in the information presented on our website or through the Service, such as mistakes in product descriptions, pricing, promotions, shipping charges, delivery times, and availability. We reserve the right to correct any of these errors and update the information at any time, even after you have placed an order.
• Please note that we are under no obligation to update or modify the information provided in the Service or on any related website, unless required by law. The lack of an update or refresh date on the Service or any related website does not necessarily mean that all the information has been modified or updated.

PROHIBITED USES

• It is prohibited to use our site or its content for any unlawful purpose or to solicit others to engage in illegal activities. You must also adhere to all regulations, laws, and ordinances, and cannot violate the intellectual property rights of ourselves or others. Any form of harassment, discrimination, or submission of false information is strictly prohibited. Do not use our site to transmit viruses or malicious code, collect personal information, engage in spamming or phishing, or interfere with the security features of our site or the internet. Any violations of these prohibitions may result in the termination of your use of our service.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

• We do not promise that the Service will be uninterrupted or error-free, and we are not responsible for any issues that may arise from using the Service.
• We do not guarantee the accuracy or reliability of the results obtained from using the Service.
• We reserve the right to remove the Service or cancel it at any time without prior notice.
• You acknowledge that your use of the Service is at your own risk, and that the Service and all products and services provided through it are given "as is" and "as available."
• Our maximum liability arising from or in connection with these Terms (including the products and subjects covered by these Terms) will be limited to the amount paid by you for the relevant products in the subject of the claim, to the maximum extent permitted by law.
• We will not be held responsible for any loss of profits, benefits, revenues, businesses, goodwill, opportunities, savings, reputations, or data resulting from the use of our Service or these terms of service. Any implied terms or warranties not explicitly stated in these terms of service or in relation to the use of our Service are excluded. While you may be entitled to certain rights under consumer protection laws or other laws that cannot be waived, these do not include any guarantees provided under competition and consumer legislation such as the Competition and Consumer Act 2010 in Australia or the the Consumer Guarantees Act 1993 in New Zealand.
• Our liability for any loss or damage arising from the use of our Service or these terms of service will be limited to the extent, if any, that you contribute to or cause such loss or damage.”

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.

FORCE MAJEURE

• Certain circumstances beyond our control may cause delays or failures in the provision of our Service. These include acts of God, governmental actions, changes in law, riots, vandalism, strikes, lockouts, labor difficulties, war or national emergencies, pandemics, epidemics, quarantines, threats to human health, acts of terrorism, natural disasters, third-party acts or omissions, inability to obtain necessary materials or services, the failure of performance by others, internet interruptions or viruses, accidents, equipment breakdowns, and power outages or shortages. We are not responsible for any delays or failures resulting from such circumstances to the extent permitted by consumer law.

TERMINATION

• The terms and liabilities established before the end of this agreement will continue to be in effect after the agreement is terminated.
• These Terms of Service will remain in effect until terminated by either you or us. You can end these Terms of Service at any time by informing us that you no longer wish to use our Services, or by ceasing to use our site. If, in our sole discretion, we believe that you have failed to comply with any term or condition of these
• Terms of Service, we may also terminate this agreement at any time without notice and you will be responsible for all amounts owed up until and including the date of termination; we may also deny you access to our Services (or any part of them) without notice.

ENTIRE AGREEMENT

• The inactivity of our company to utilize or implement any provision of these terms shall not be interpreted as a relinquishment of such right or provision.
• The agreement outlined in these Terms of Service and any policies or procedures posted by us on this site or in connection with The Service represents the complete understanding and agreement between you and us, governing your use of the Service and replacing any prior or concurrent agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
• Any potential ambiguities in the interpretation of these Terms of Service shall not be interpreted against the party that drafted them."

GOVERNING LAW

The Terms of Service and any agreements for the provision of Services will be governed by the laws of Canada. In the event of a dispute or claim related to these Terms of Service, you agree to submit to the exclusive jurisdiction of the courts of Ontario and the Ontario District Registry of the Federal Court of Canada.

CONTACT INFORMATION

• Questions about the Terms of Service should be sent to us at help@barkandchuckle.com

We are offering a mobile messaging program (the “Program”) to our customers, which you may opt-in to participate in. Participation in the Program is subject to these Outbound Marketing Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify this Terms of Service, the Privacy Policy, or any other terms that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages or phone calls to the nominated contact number by affirmatively opting into the Program, such as through online or application-based enrolment forms, including by ticking a ‘check-box’ during the checkout process on our website. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive SMS, MMS, or a phone call from our  Bark & Chuckle sales consultants at the phone number you provided when opting-in.. Contact through the Program may be initiated based on your activity online, but will be restricted to not calling you more than 3 times within a month. Message, voice call and data rates may apply.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to inform our sales consultant during the call to opt-you out of the Program. Alternatively, you can email us at help@barkandchuckle.com to opt-out of any marketing calls through the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. Opting out of the Program does not restrict our team from contacting you for service related enquiries in relation to an order you have placed with us, or a separate enquiry you have raised.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of the  Bark & Chuckle products. Messages may include checkout reminders.
4. Purchases made after contact through the Program: during a phone call with a member of our  Bark & Chuckle sales consultants, we may send you a link to view your abandoned checkout cart. You agree and acknowledge that any purchase made by you after contacting you via the Program is made entirely at your own discretion. Your purchase will need to be completed by you on the website following the call, and you will need to read and accept our Terms of Service and Delivery and Returns Policy before the purchase is finalised. As such, we do not enter into any contract with you for the sale of goods a phone call through the Program.
5. Cost and Frequency: Message, voice call and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary, but will generally broadcast 4 messages per month. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
6. **Support Instructions:**For support regarding the Program, text “HELP” to the number you received messages from or email us at help@barkandchuckle.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
7. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
8. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any phone calls or mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
9. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
10. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

DISPUTE RESOLUTION:

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Adelaide, South Australia before one arbitrator.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

MISCELLANEOUS: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.