Terms of Service

Last Updated: [June 19, 2025] 

INTRODUCTION

Welcome to Petal & Pup. We are pleased you have visited our websites: petalandpup.com and petalandpup.com.au. This Terms of Use agreement (the “Terms” or “Agreement”) and our Privacy Policy and Terms of Sale specify the terms and conditions for access to and use of these websites, and all other websites, applications, social media platforms, platforms, tools, mobile sites, and mobile applications where these Terms appear or are linked (collectively the “Website”), and the use of our services through the Website. In these Terms, the terms “Petal & Pup,” “we,” and “us” refers to Petal & Pup, its parent company a.k.a. Brands, Inc., and a.k.a. Brands Inc.’s respective subsidiaries and affiliated companies. These Terms constitute a binding legal agreement between you and us. 

ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER. DETAILS OF THESE PROVISIONS ARE EXPLAINED BELOW.

YOU HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT, UNLESS OTHERWISE STATED, ALL DISPUTES BETWEEN YOU AND PETAL & PUP WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND THAT YOU WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU ALSO KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.

ACCEPTANCE OF THESE TERMS 

Please read the Terms carefully before you use the Website. These Terms apply to all visitors, Users and others who access or use the Website (collectively, “Users”). By using the Website, you accept and agree to be bound and abide by these Terms, our Terms of Sale, and our Privacy Policy, incorporated herein by reference. In addition, when using the Website, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time (“Additional Terms”) also hereby incorporated by reference. If you do not want to agree to these Terms and the Privacy Policy, you must not access or use the Website. 

INTENDED AUDIENCE

This is a contract between you and Petal & Pup. Any use of the Website by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms. If you are under the age of majority in your state of residence, you represent that you have your parent or guardian’s permission to use the Website and that your parent or guardian is agreeing to these Terms. If you are a parent or legal guardian of a User of the Website under the age of 18, by allowing your child to use the Website, you agree that you are subject to the terms of this Agreement, and responsible for your child’s activity on the Website. Our Website is not available to any Users we previously removed from our Website. 

PRIVACY

Please take time to read our Privacy Policy, which provides a transparent view of how we collect, use, and share personal information, and is incorporated herein by reference. Your visit to our Website is also governed by our Privacy Policy.

CHANGES TO THE TERMS

We reserve the right to revise and update these Terms at any time. If we modify these Terms, we shall provide you notice by posting the updated Terms and/or notifying you via the Website, your account, email, or any other method we choose, in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. We recommend that you check this page regularly, so you are aware of any changes.

DISCONTINUATION OR SUSPENSION TO THE WEBSITE

Subject to your compliance with these Terms, you may access and use our Website solely for your personal, non-commercial use. We may, at any time and without liability, modify, suspend, or discontinue, temporarily or permanently, the Website (including access to the Website via any third-party links), with or without notice to you; charge, modify or waive any fees required to use our services; or offer opportunities to some or all users. This includes the right to modify, discontinue, or remove any content, postings, links, pages, goods, services, or other materials at any time and for any reason. We may refuse or restrict anyone from access to the Website at any time.

USER ACCOUNTS

Your account on our Website (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of users. Your account is for your personal use only and you may not authorize others to use your account, and your account is not transferable or sublicensable to third parties. You may never use another person’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE AND YOUR ACCOUNT BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION, WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE OR YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, PURCHASE AND FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. 

You may control certain aspects of your User Account and how you interact with our Website by changing the settings in your settings page. You acknowledge that you do not own the User Account you use to access our Website. By connecting to our Website with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. 

ALERTS & PROMOTIONAL COMMUNICATIONS

You may receive notifications, alerts, emails, text messages or other types of messages regarding the Website and our services in accordance with these Terms and the terms of our Privacy Policy. We may also periodically send you emails or text messages to the email/number you provide to us that directly promote certain services and products. You have the opportunity to “opt-out” of promotional messages by following the unsubscribe instructions provided in the message or to change your email preferences by contacting us in accordance with our Privacy Policy. Opting out may prevent you from receiving messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving transactional or service-related notices.

Purchases, Shipping, and Returns 

When you order products on the Website, you may be asked to provide certain information, including your name, email, phone number, payment card information, billing address, and shipping address. By purchasing a product, you represent and warrant that: (i) you have the legal right to use any payment card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete. By submitting this information, you grant us the right to use and provide the information to third-party service providers, including payment processors and distribution/shipping centers to facilitate your purchase. We reserve the right to refuse or cancel an order at any time for any reasons. Further, we may, at our discretion, require further authorization, such as a telephone confirmation of your order and other information, from you.  

Our Terms of Sale, which includes our purchase policy and shipping and Returns & Exchanges information are each incorporated here by reference.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms. You shall not, and shall not permit anyone else to, transfer, license, assign, distribute, translate, reverse engineer, decompile, disassemble, or modify the Website, duplicate the Website or portions thereof.  You agree not to use our services or access the Website:

• In any way that violates these Terms or any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate Petal & Pup, a Petal & Pup employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• If you are a national of, or resident within any of the countries that are subject to trade embargo, restriction or other limitation under any laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.

Additionally, you agree not to:

• Engage in behavior through the Website that is intended to harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis or characteristic recognized by applicable law.

• Post content that contains SPAM links to other websites or individuals.

• Violate any policy posted on the Website or on any third-party platform (e.g., social media platforms). 

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring, retrieving, indexing, “scraping,” “data mining,” or copying any of the material on the Website;

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce, post, transmit, or otherwise make available through or in connection with the Website any viruses, easter egg, trojan horses, worms, logic or time bombs, spyware or other computer code, cancelbots, or other material, file, or program that is potentially malicious or technologically harmful or invasive or intended to damage, destroy, disrupt, impair or hijack the operation of a computer’s functionality or the operation of our (or anyone else’s) Website, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or to monitor the use of, any hardware, software or equipment.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

• Use the Website in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage.

• Use the Website for benchmarking or competitive analysis of the Website. 

• Use or display any portion of our Website on any site or service that infringes any of our intellectual property or other rights.

• Identify or refer to us or our Website in a manner that could falsely imply an endorsement, relationship or affiliation with or sponsorship between you or a third-party and us, other than your permitted use of our Website under these Terms.

We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third-party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Website.

ANY USE OF THE WEBSITE OR SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

USER CONTENT, SUBMISSIONS, AND ENFORCEMENT

The Website allows Users to submit, post, display, provide, or otherwise disclose, or offer in connection with your use of this Website, content, including content from or via third parties or third-party services or other websites such as Instagram or TikTok that may interact with this Website, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, feedback, proposals, suggestions, ideas, and other submissions, including submissions with any hashtags so long as you comply with these Terms, and the content is not illegal or injurious to third parties (collectively, “User Content”). User Content may include information that personally identifies you or someone else, and your submission of such information is also subject to our Privacy Policy.

WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. However, by submitting User Content, you grant us a non-exclusive, transferable, sub-licensable (through multiple tiers), worldwide license (but not the obligation) to use any User Content (“IP License”). The IP License includes the right to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, including for promotional purposes. The IP License includes the right to use your name, likeness, personality, voice, or any other materials or information you provide in User Content. In certain circumstances, Petal & Pup may also share your User Content with trusted third parties. 

You represent and warrant that all User Content and other information you provide is truthful, accurate, complete, and lawful. You understand and agree that it is your obligation to make sure that your User Content does not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights and that you have consents from third parties or their materials that is included in your User Content, if any.  You also understand and agree that your User Content must not and will not contain material that is harmful, deceptive, threatening, harassing, abusive, obscene, indecent, unlawful, pornographic or sexually suggestive content via the Website or other websites such as Instagram or TikTok that may interact with the Website. 

In addition, all User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Impersonate any business, person, or entity, including Petal & Pup, its related entities, employees, and agents or misrepresent your identity or affiliation with any person or organization. 

• Involve commercial activities or sales, including your own or third party contests, sweepstakes, and other sales promotions, barter, or advertising.

Petal & Pup reserves the right, and you authorize us, to:

• Use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

• Retain ownership of all right, title, and interest in and to all aggregate or deidentified data and any statistical information, benchmarking, comparison, and other analytics or analyses created or developed by Petal & Pup from performance and usage data generated through your use of the Website.

• Manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third-party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers is subject to deletion, alteration, or transfer.

• Remove or refuse to post any User Content for any reason in our sole discretion.

• Take any action with respect to any User Content that we deem necessary or appropriate, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public.

• Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

However, we do not review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted.  We take no responsibility and assume no liability for any User Content submitted by you or others through our Website.

NOTHING HEREIN SHALL WAIVE YOUR RIGHT TO MAKE ANY STATEMENT REGARDING US OR OUR EMPLOYEES OR AGENTS OR CONCERNING OUR GOODS AND SERVICES.

TEXT MESSAGING

By signing up to receive text messages from Petal & Pup, subscribing via our subscription tools, or providing your phone number, you agree to receive recurring text notifications and updates for your order (including abandoned checkout reminders), text marketing offers including SMS, MMS, Chat and WhatsApp messaging channels, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Texts may be sent using an automatic telephone dialing system.

Consent is not a condition of purchase. Your consent and participation in any text message program is completely voluntary.

If you wish to unsubscribe from receiving text marketing messages and notifications, use the unsubscribe link we provided you within any of our messages or for U.S. numbers you can also reply with STOP to any mobile message sent from us. Some Petal & Pup text message programs are different and, except where legally required, you will need to opt out separately from those programs. We do not charge for the messaging service, but you are responsible for all data charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also find contact information for us here or send us an email at contactus@petalandpup.com.

We have the right to modify any telephone number or short code we use to operate the service at any time. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. Carriers are not liable for delayed or undelivered messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service. All information collected in connection with our text messaging programs is governed by our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP 

Except for your User Content, you understand and accept that our Website and all materials therein or transferred thereby, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, message or other material appearing on this Website (collectively, “Our Content”), and all intellectual property rights related thereto, are the exclusive property of Petal & Pup or its licensors. 

You are expressly prohibited from using any of Our Content without the express written consent of Petal & Pup or its licensors. Except as otherwise stated in these Terms, none of Our Content may be resold, reproduced, distributed, duplicated, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Petal & Pup, and/or the appropriate licensor. You obtain no ownership rights in the Website or any content contained therein by creating an account. Instead, you are given a limited, revocable, non-exclusive license to use the Website solely for your own personal, non-commercial, use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use in accordance with these Terms. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products, or services in violation of any law. 

Any permission granted under these Terms terminates automatically if you breach any term or condition in these Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Website may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

COPYRIGHT INFRINGEMENT NOTICE

We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that Our Content or any User Content featured on our Website infringes your copyright, or other intellectual property rights, please notify us by providing the following information:

• Your address, telephone number, and email address.

• A description of the copyrighted work that you claim has been infringed.

• A description of where the alleged infringing material is located on our Website.

• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agents, or otherwise allowed for applicable law.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material.

• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Failure to provide us with notice in accordance with the terms above may render your notice invalid.  Our Copyright Agent can be reached as follows:

By Mail: Petal & Pup, Attn: Copyright Compliance
PO Box 80, CLAYFIELD QLD 4011 Australia
By email: contactus@petalandpup.com

LINKING & SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is legal, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent. 

The Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website.

• Send messages or other communications with certain content, or links to certain content, on the Website.

• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.

We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. 

THIRD-PARTY WEBSITES

Any links contained on the Website are for the use and enjoyment of our visitors. We do not intend such links to be referrals or endorsements of the linked entities, nor do we warrant, endorse, or approve any linked information or entity. We cannot control what information you may provide on third parties’ websites, and we are not responsible for how that party may use or disclose any information you may provide to them. You should contact the website administrator for such third-party website if you have any complaints, claims, concerns or questions regarding such third-party website or its privacy practices.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. PETAL & PUP MAKES NO REPRESENTATIONS OTHER THAN THOSE ON THE FACE OF THE WEBSITE.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PETAL & PUP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE. 

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages.  If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.

IN THE EVENT THE FOREGOING EXCLUSION OF LIABILITY IS DETERMINED, IN WHOLE OR IN PART, TO BE INVALID OR UNENFORCEABLE, THEN IN NO EVENT SHALL PETAL & PUP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PETAL & PUP HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION SET FORTH BELOW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Petal & Pup, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms, (b) your User Content and (c) your violation of any law, regulation, or the rights of any third party.

ARBITRATION AGREEMENT

Using or accessing the Website constitutes your acceptance of this Arbitration Agreement (“Arbitration Agreement”).  Please read it carefully as it provides that you and Petal & Pup waive any right to file a lawsuit in court or participate in a class action for matters within the scope of the Arbitration Agreement.

1. Scope of Arbitration Agreement

ALL DISPUTES, CONTROVERSIES, OR CLAIMS (“DISPUTES”) ARISING OUT OF OR RELATED TO THE TERMS, INCLUDING ANY QUESTION REGARDING ITS EXISTENCE, VALIDITY OR TERMINATION, ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND PRINCESS POLLY, YOUR PURCHASE(S) FROM PRINCESS POLLY, YOUR COMMUNICATIONS WITH PRINCESS POLICY (WHETHER DIRECTLY OR THROUGH A THIRD PARTY), AND/OR VISITING THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR.  YOU AGREE THAT PRINCESS POLLY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY EXCEPT THAT (A) YOU MAY SEEK RELIEF IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY AND (B) YOU OR PRINCESS POLLY MAY SEEK EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS (SUCH AS TRADEMARKS, TRADE DRESS, DOMAIN NAMES, TRADE SECRETS AND PATENTS).  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS BUT MAY BE CONSOLIDATED WITH OTHER ARBITRATIONS PURSUANT TO THE JUDICIAL ARBITRATION MEDIATION SERVICES, INC. (“JAMS”) RULES CITED BELOW.  CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION AND CLASS ARBITRATION.  NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THESE TERMS OF USE PRECLUDES YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES.  

2. Governing Law

For United States residents, the Federal Arbitration Act, codified at 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Arbitration Agreement.  

For Australian residents, the Arbitration Agreement shall be governed by and construed under the laws of the State of Queensland, Australia, without regard to conflicts of law principles. For New Zealand residents, the Arbitration Agreement shall be governed by and construed under the laws of the State of Auckland, New Zealand, without regard to conflicts of law principles. 

In all other respects, the laws of the State of California shall control without regard to conflicts of law principles.

3. Pre-Arbitration and Arbitration Procedures and Rules

If you have a Dispute, you agree to first contact us by email at Legal@aka-brands.com to attempt to resolve the Dispute informally.  If the Dispute cannot be resolved through such informal process or through negotiation within sixty (60) days, you and Petal & Pup agree to resolve the Dispute through binding and final arbitration pursuant to this Arbitration Agreement instead of through court proceedings unless permitted by this Arbitration Agreement.

For United States residents, unless modified by this Arbitration Agreement, the arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures located at https://www.jamsadr.com/rules-streamlined-arbitration for individual claims totaling less than $250,000, and the Comprehensive Arbitration Rules and Procedures located at https://www.jamsadr.com/rules-comprehensive-arbitration/ for all other claims.  The JAMS Mass Arbitration Procedures and Guidelines located at https://www.jamsadr.com/mass-arbitration-procedures shall apply to all qualifying arbitrations.  If JAMS is not available to arbitrate, the parties will agree upon an alternative arbitral forum. 

For Australian residents, the arbitration will be administered by ACICA in accordance with the 2021 ACICA Arbitration Rules located at https://acica.org.au/wp-content/uploads/2022/11/ACICA_Rules_2021-WFF7.pdf. The seat of arbitration shall be the State of Queensland, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

For New Zealand residents, arbitration will be administered by the Arbitrators and Mediators Institute of New Zealand Inc., an incorporated society in New Zealand with registered number 379524 (“AMINZ”) in accordance with the AMINZ Arbitration Rules. The seat of arbitration shall be Auckland, New Zealand. 

4. Arbitration Forum

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and in accordance with appliable laws.  If the parties are unable to agree on a location, such determination should be made by the applicable rule-making authority or by the arbitrator.

5. Authority of Arbitrator

The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement; (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable; and (c) resolve all Disputes withing the scope of this Arbitration Agreement.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the same authority to award relief on an individual basis that a judge in a court of law would have, including to grant temporary, interim, or permanent injunctive relief (including public injunctive relief), and relief providing for specific performance of these Terms of Use.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The award of the arbitrator is final and binding upon you and Petal & Pup.

The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

6. Jury Trial Waiver

YOU AND PRINCESS POLLY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY UNLESS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.  THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. 

7. No Class Actions or Class Arbitrations Permitted

YOU AND PRINCESS POLLY AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.  This means that neither you nor Petal & Pup may bring a claim as a plaintiff or class member in a class action or class arbitration.  Notwithstanding the foregoing and anything else in this Arbitration Agreement, individual arbitrations may be consolidated pursuant to applicable JAMS rules, and the JAMS Mass Arbitration Procedures and Guidelines located at https://www.jamsadr.com/mass-arbitration-procedures shall apply to all qualifying arbitrations.  Nothing in this Arbitration Agreement, including this section, is intended to limit the relief available to you in small claims court.  Nor does anything in this section limit your or Petal & Pup’s ability to resolve a Dispute by mutual agreement through a class-wide settlement of claims whether through mediation or otherwise.

8. Severability and Survival

If any provision of this Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Arbitration Agreement and the Terms of Use shall continue in full force and effect.  The Arbitration Agreement survives the termination of your relationship with Petal & Pup.

9. 30 Day Right to Opt-Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Arbitration Agreement by sending written notice of your decision to opt out by emailing us at Legal@aka-brands.com.  The notice must be sent within thirty (30) days of accepting the Terms, otherwise you shall be bound to arbitrate Disputes in accordance with the terms in this Arbitration Agreement.  If you timely opt out of these arbitration provisions, Petal & Pup also will not be bound by them. If you opt out of this Arbitration Agreement, all other provisions of the Terms shall apply.

ELECTRONIC COMMUNICATIONS

When you use the Website, make a purchase, or send emails or other electronic communications to us, you are communicating with us electronically. You acknowledge that by agreeing to these Terms electronically, you are entering into a legally binding agreement. You agree that your electronic submission constitutes your signature, acceptance, and intent to be bound by these Terms.

Pursuant to applicable laws, including the U.S. Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”), YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES PROVIDED BY PETAL & PUP. You waive any rights under laws requiring non-electronic records, original signatures, or non-electronic methods of payment or communication.

COMPLIANCE WITH LAWS

You may use the Website only for lawful purposes. The Website and use of our services is subject to, and you agree that you will at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances applicable to the use of the Website. 

WAIVER & SEVERABILITY

The failure of Petal & Pup to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Petal & Pup must be in writing and signed by an authorized representative of Petal & Pup. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. 

TERMINATION

Petal & Pup may terminate this Agreement or access to the Website at any time, or any portion thereof, with or without notice, for any reason. Upon any such termination or suspension, your right to use the Website and our services will immediately cease, and we may, without liability to you or any third-party, immediately deactivate or delete all associated materials, without any obligation to provide any further access to such materials. Termination of these Terms shall not limit Petal & Pup from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve your obligation to pay all fees that have accrued or are otherwise owed by you under these Terms. Any provision of these Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms, will survive the termination or expiration of these Terms and continue in full force and effect thereafter. We may retain and use the information about your use of the Website as set forth in our Privacy Policy and our other policies.  

ASSIGNMENT

You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.

FORCE MAJEURE

Petal & Pup shall not be liable to you for any delay or failure to perform obligations hereunder or under the Terms of Sale if such delay or failure arises from any cause or causes beyond the reasonable control of Petal & Pup. Such causes shall include, but are not limited to, acts of God, acts of governmental authority, floods, fires, loss of electricity or other utilities, or delays by you in providing required resources or support or performing any other requirements.

ENTIRE AGREEMENT

These Terms, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Petal & Pup regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

NOTICES 

Petal & Pup may give notice by means of a notification on the Website or through electronic mail to your email address on file with Petal & Pup, or by written communication sent by first class mail or pre-paid post to your address on file with Petal & Pup. You may give notice to Petal & Pup at any time by emailing us at our contact email provided below. All notices shall be deemed to have been given five (5) days after mailing if sent by first class mail. Any notice of material breach shall clearly define the breach including the specific contractual obligation that has been breached.

NOTICE TO CALIFORNIA CONSUMERS

With respect to any electronic commercial service offered on or through the Website, California residents are entitled to the following specific consumer rights information.  The provider of this Website is a.k.a. Brands, Inc., 100 Montgomery Street, Suite 2700, San Francsico, CA USA, (415) 295-6085.  California consumers may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 1-800-952-5210.

CONTACT INFORMATION

The Website is operated by Petal & Pup. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:

If by email: contactus@petalandpup.com

If by mail: 

Petal & Pup

Attention: Legal – Terms of Use 

PO Box 80
CLAYFIELD QLD 4011 Australia