Definitions 
 
Apparel: 14 items of clothing in a predetermined age range as selected by the customer. To be delivered by Conscious Koala to the customer in accordance with the customer’s Rental Subscription. 

Conscious Koala: Trading under ABN 44 148 196 003 with the business names Conscious Koala Kids and Conscious Koala Clothing. 

Website: www.consciouskoala.com 
 
Monthly Subscription: the renting of Apparel through a monthly Subscription, where ongoing payment is to be made for any further month rented on a rolling basis. 
 
Subscription: the renting of Apparel through a monthly rolling Rental Subscription, for a minimum period of at least 1 month, where the payment is made upfront at the beginning of the Subscription Term. 
 
Rental Fee: as listed on the Website when placing the subscription order. This includes cover for reasonable wear and tear, delivery and return.  
 
Rental Period: this begins when Conscious Koala has received the payment in respect of a Monthly Subscription and lasts for a month, during which the customer possesses the Apparel. 
 
Rental Subscription: the rental agreement through which a customer rents Apparel and agrees to abide by the Terms. 
 
1. General 
 
These terms and conditions of the rental agreement (“Terms”) constitute a binding legal agreement between you (“you”, “your”, or “the customer”) and Conscious Koala (“we”, “us”, or “our”) and establish terms and conditions under which you will make a Rental Subscription via the Website. The customer agrees to rent Apparel in accordance with these Terms and Conscious Koala agrees to provide and deliver Apparel. 

2. Acceptance of Terms

By subscribing, you agree to become a party of and be bound by the terms of this agreement. Conscious Koala reserves the right to amend the Terms, and, by subscribing, you agree to adhere to and be bound by any changes to the Terms after the date of such change.  

3. Customer Requirements 

By accepting these Terms and subscribing, you represent that you are legally capable and willing to enter into a binding contract with Conscious Koala. You represent that you are eighteen years or older and that you are authorised to use the chosen payment method for the purpose of renting any Apparel as described on the Website. 

4. Notices  

You agree to receive all communications from Conscious Koala electronically via email. You agree to keep your email address up-to-date at all times and agree that you will be deemed to have received any notices we send to that email address. 

We may provide notice of any changes to our terms and conditions by email, account notifications, or by publishing them on the Website. 

Conscious Koala can be contacted by email at hello@ConsciousKoala.com. 

5. Monthly Subscription

Conscious Koala offers Rental Subscriptions for Apparel. This Monthly Subscription lets you rent the Apparel for as long as required, subject to a minimum period of one month. You can get different sized Apparel to replace the outgrown Apparel by logging into your account on the Website, or by emailing hello@ConsciousKoala.com.  

You will be charged the Rental Fee monthly as agreed in the payment transaction. This Monthly Subscription will continue on a rolling basis until it is cancelled by either you or Conscious Koala. 

6. Late Fees

The outgrown Apparel must be returned to Conscious Koala using the provided pre-paid returns packaging within 7 days of receipt of your new Apparel.  

Where the previous Apparel is not returned within this timeframe, we reserve the right to charge late fees, in addition to the Rental Fee, until the previous Apparel is received. Late fees will be calculated on a daily pro-rata basis in line with the monthly Rental Fee, but not exceeding the retail value of the unreturned Apparel. 

7. Rental Not Purchase  

You agree and acknowledge that you are renting any Apparel and that ownership of the Apparel remains with Conscious Koala at all times. The risk of loss or damage of the Apparel passes to you once the Apparel has been delivered. You will keep the Apparel in your possession until they are returned to Conscious Koala. 

8. Rental Fees

The Rental Fee is listed on the Website. 

Upon subscribing, you authorise Conscious Koala and/or our third party payment processor to charge your payment card for the applicable Rental Fees in respect of a Monthly Subscription, on a recurring basis per Rental Period until cancellation or termination. You also authorise us to charge you, where applicable, for late fees and for the retail value of the Apparel where there has been excessive damage to or loss of any Apparel by the customer. You will be notified by email before any charges are taken. 

9. Cancellations and Refunds 

To be eligible for a refund, you must cancel your order and return the Apparel unworn and unmarked in its original good condition to Conscious Koala within fourteen days of receiving your most recent Apparel. To cancel, you must email Conscious Koala (hello@ConsciousKoala.com with the subject ‘Cancellation’). You will be reimbursed the full amount of the Rental Fee within fourteen days of Conscious Koala receiving your returned Apparel. 

Cancelling a Monthly Subscription: 

A Rolling Subscription will automatically renew and charge you every month. You may cancel your Monthly Subscription up to seven days prior to your next Rental Period. To cancel your subscription for the following Rental Period, either login to your account on the Website and cancel your subscription from there or email hello@ConsciousKoala.com with the subject ‘Cancellation’. You will need to return your rented Apparel before the end of your current Rental Period for the cancellation to be effective. 

Cancellation and Refunds by Conscious Koala: 

In limited circumstances, Conscious Koala may be unable to deliver the products where there is insufficient clothing available. In these circumstances, Conscious Koala is entitled to cancel the relevant Rental Subscription and will refund any payment paid by the customer in expectation of receiving Apparel. 

10. Your Rights and Obligations

The customer is to be responsible for the Apparel during the Rental Periods. The customer agrees to keep the Apparel clean and in good condition. The customer agrees not to interfere with the Apparel and agrees to use the products in accordance with the Manufacturer’s instructions and any other instructions given by Conscious Koala. In particular, the customer is advised to wash the Apparel in accordance with the Manufacturer’s guidelines and to not tumble dry. The customer agrees not to sell or transfer the Apparel. The customer agrees to return the Apparel in their original good condition. 

We are responsible for supplying you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us by email at hello@ConsciousKoala.com. 

11. Delivery  

To ensure you receive your delivery, please make sure the delivery address on your account is correct. You can change your delivery address in your account on the Website or by emailing hello@ConsciousKoala.com with the subject “Address Change”. Please change the delivery address at least seven days prior to your next Apparel delivery. If you do not update your delivery address within this time period, your delivery may go to your old address, for which Conscious Koala is not to be held responsible. 

12. Rental Returns

Conscious Koala offers free returns. Please follow the instructions in your Conscious Koala package to return your Apparel. You must return all Apparel rented, regardless of their condition, within 7 days of receipt of your new Apparel. If you fail to return any Apparel, we will contact you first by email to remind you of the return. If you have been notified and still do not return the Apparel product/products within 7 days from the day of Conscious Koala’s sending of the reminder email, you agree that Conscious Koala may charge your payment card late fees or the full retail price of all Apparel products that have not yet been returned by you to Conscious Koala. 

13. Financial Guarantees

Reasonable wear and tear to the Apparel (including minor stains and small rips) is fully covered in your Rental Fee. If you have any Apparel that are damaged or lost, please contact us via email (hello@ConsciousKoala.com) so that we can work together to find a solution. 

 If you return Apparel with excessive damage or damage exceeding reasonable wear and tear, as determined at Conscious Koala’s sole reasonable discretion, you agree that Conscious Koala may charge your payment card the full retail price of the product. If Apparel is lost, or otherwise not returned to Conscious Koala, you agree that Conscious Koala may charge your payment card the full retail price of that product. 

14. Breach

Where you have breached these Terms, Conscious Koala is entitled to cancel your account and any future Rental Subscriptions and reclaim the full retail price of replacement Apparel. 

15. Liability

Conscious Koala does not exclude or limit its liability to you where it would be unlawful to do so. Nothing in these Terms seeks to exclude or limit Conscious Koala’s liability for death, personal injury or negligence, or for fraud or fraudulent misrepresentation. 

Conscious Koala limits its liability under the Terms to the value of the contract between you and us – the total price for the Rental Subscription payable by you. 

Conscious Koala is not liable for any indirect or unforeseeable loss or damage. Conscious Koala is not liable for any defects, faults or issues in the Apparel, where such defects, faults or issues are as a result of the manufacture of the Apparel. Conscious Koala will inspect the Apparel visually but is not liable for any faults or defects that are not visible to the human eye on inspection of the Apparel. 

The customer uses the Apparel at the customer’s own risk. Conscious Koala is not liable for any loss or damage incurred as a result of the customer using the Apparel in any way not in accordance with the instructions for use, including the guidelines of the Manufacturer or available on the Website. 

Conscious Koala is not liable for Apparel delivered to the customer’s previous or incorrect address, provided the customer has failed to notify Conscious Koala of an address change or confirmed the correct address at least seven days in advance of the customer’s next Apparel rental. Conscious Koala excludes any obligation or liability on its behalf in connection with the cost and effort of rerouting or resending the Apparel. 

16. Force Majeure  

Conscious Koala will not be liable for any failure or delay in performing its obligations under these Terms, where such failure or delay results from any cause beyond Conscious Koala’s reasonable control. Such causes include, without limitation, fire, explosion, extreme weather, natural disaster, power failure, pandemics and internet service malfunction. 

17. Governing Law and Jurisdiction

These Terms and the relationship between you and Conscious Koala, including any disputes arising from contractual or non-contractual obligations by either party, shall be governed by and construed in accordance with the law of Australia and shall be subject to the jurisdiction of the courts of Australia. 

 

Privacy Policy 

Section 1 - What do we do with your information? 
  
When you rent something from our store, as part of the rental process, we collect the personal information you give us such as your name, address and email address. 
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. 
Email marketing (if applicable): On subscribing or signing up for our newsletter, we may send you emails about our store, new products and other updates. 
  
  
Section 2 - Consent 
  
How do you get my consent? 
When you provide us with personal information to complete a transaction, verify your debit or credit card, place an order, arrange for a delivery or return a rental, we imply that you consent to our collecting it and using it for that specific reason only. 
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. 
  
How do I withdraw my consent? 
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at hello@ConsciousKoala.com. 
  
  
Section 3 - Disclosure 
  
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service. 
  
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. 
  
Section 4 - Shopify 
  
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. 
 
Payment: 
 
If you choose a direct payment gateway to complete your purchase, then Shopify stores your debit or credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. 
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. 
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. 
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy). 
  
  
Section 5 - Third-Party Services 
  
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. 
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. 
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. 
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. 
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. 
  
Links 
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. 
  
   
Section 6 - Age of Consent 
  
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
  
  
Section 7 - Changes to this Privacy Policy  
  
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.