Terms of service

Overview

Welcome to Spotter & Ollie. "We", "us" and "our" mean Spotter & Ollie, a registered business name in Brisbane, Queensland, Australia (ABN 86 965 566 835). We run spotterandollie.com.au, our online shop and our market stalls, including all related content, tools, products and services (the "Services"). Our online shop is powered by Shopify.

These Terms of Service ("Terms"), together with our Privacy Policy, Return & Refund Policy and Shipping Policy, set out your rights and ours when you use the Services or buy from us. By using the Services or placing an order, you agree to these Terms.

Your consumer rights. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that can't be excluded.

1. Using our site

You must be 18 or older to buy from us or create an account. Our products are for children, but our shop is for parents, carers, teachers and other adults. You may let children in your care use the free tools on our site, such as the Little Park Rangers game and the Explorer badge maker, under your supervision.

Please give us accurate details when you order, and keep your account login secure. You're responsible for activity on your account unless it happens without your fault, for example after a security breach on our side.

2. Our products and safety

We make every effort to show our products accurately. Colours on screen can differ slightly from printed colours, and some details are surprises we tell you about on the product page (for example, the colour of a mesh bag). Product photos marked as placeholders or samples may differ from the final product.

Paper activity packs are not toys for children under 3. They contain small parts, including crayons, a marker cap and paper pieces, and nature finds such as gumnuts and seeds are small parts too. Please keep them away from babies and toddlers.

Outdoor activities need an adult. Our packs encourage children to explore parks, gardens and creeks. An adult should supervise at all times and decide what is safe for their child. Please:

  • watch and listen to animals from a distance and never touch, feed or chase wildlife;
  • take care in magpie swooping season (usually August to November in South East Queensland);
  • stay away from water edges, roads and unsafe areas without close supervision;
  • don't pick plants or take anything from national parks or protected areas; and
  • follow local rules, signs and closures.

Nature has real risks. Some plants, mushrooms and berries are poisonous, and insects, spiders, ticks and snakes can bite or sting. Water, heat and uneven ground can cause accidents. Our packs give activity ideas, not safety advice for every place: the supervising adult chooses where to go, watches children at all times and follows local signs.

In an emergency, call 000. For poisoning advice, call the Poisons Information Centre on 13 11 26 (24 hours, Australia-wide).

Our information about animals and plants is for learning and fun. It isn't professional safety, medical or identification advice.

We may change product designs, contents or descriptions, or stop selling a product. This won't affect an order we've already accepted unless we tell you and offer a full refund.

3. Orders

When you place an order, you're making an offer to buy. We accept your order when we email you an order confirmation. We may decline or cancel an order, for example if a product is unavailable, a price is clearly wrong, or we suspect fraud. If we cancel an order you've paid for, we'll tell you and refund you in full.

Orders through our shop are for personal, household, school or gift use. For wholesale, stockist or school and OSHC orders, please contact us.

Change-of-mind returns and refunds are covered in our Return & Refund Policy. Your rights for faulty or incorrect items are not affected.

4. Pre-orders

Some products are sold as pre-orders before our first print run. The product page and checkout show when we expect to post them.

  • If we can't supply your pre-order, or we expect a significant delay, we'll email you and offer a full refund.

5. Made-to-order and personalised items

Tees, caps, Explorer Party Packs and Ranger Name Tag are made to order. Party Packs need to be ordered at least 7 days before your party; we'll tell you if we can't meet your date.

Personalised explorer badge sticker and Ranger Name Tag (Gift bundle). When you give us a child's first name or nickname to print:

  • you confirm you are the child's parent or carer, or have their permission;
  • please check the spelling carefully, as we print exactly what you enter; and
  • don't include surnames, offensive words or other people's trade marks or characters. We may contact you or decline to print a name that breaks these rules.

We use the name only to make your badge, as explained in our Privacy Policy. Spelling mistakes in what you entered aren't a fault, but we'll always try to help.

6. Prices and payment

All prices are in Australian dollars (AUD). The price you pay is the price shown when you place your order. Spotter & Ollie is not registered for GST, so no GST is charged. Postage is shown at checkout before you pay.

We may change prices or run promotions at any time. Changes don't affect orders already confirmed. Promotions may have their own conditions, which we'll show with the offer.

Payments are processed securely by our payment providers. You confirm that you're allowed to use the payment method you choose.

7. Delivery and in-person sales

We post within Australia using the carriers shown at checkout. Delivery times are estimates; we'll tell you if we expect a delay.

The products are our responsibility until they're delivered to the address you gave us. Ownership passes to you when we receive full payment. If an order is lost or damaged in transit, our Return & Refund Policy explains what we'll do.

These Terms also apply if you buy from us in person, for example at a market. You take ownership and risk when you take the item.

8. Our designs and content

The Spotter & Ollie name, logo, characters (including Spotter and Ollie), illustrations, activity sheets, field cards, flip books, game and website content are owned by us or used with permission, and are protected by Australian and international copyright and trade mark law.

When you buy a pack, you may use, cut, colour and copy its sheets for your own household. Teachers and educators may copy sheets from a pack they bought for use with their own class or group. You may not sell, share online, republish or use our designs or characters for commercial purposes without our written permission. For school, OSHC or bulk licences, please contact us.

9. Reviews, photos and feedback

If you send us a review, photo, idea or other feedback, you allow us to use it to run and promote Spotter & Ollie, free of charge. We'll credit you by first name only, or not at all if you ask.

Photos of children. We will only share a photo that shows a child's face if the child's parent or carer has given us clear permission for that photo. You can ask us to remove any photo or review you sent at any time.

You confirm that what you send is your own, is honest and doesn't break anyone else's rights. We may remove content that is unlawful, offensive or misleading. We never offer rewards in exchange for positive reviews.

Our site may include tools or links provided by others, such as payment providers, maps or social media. We don't control them, and their own terms and privacy policies apply. We aren't responsible for third-party websites, but this doesn't limit your rights against us for anything we supply.

11. Relationship with Shopify

Spotter & Ollie is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Spotter & Ollie. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Spotter & Ollie, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Spotter & Ollie.

12. Privacy

Our Privacy Policy explains how we collect and use personal information. Because our shop is hosted by Shopify, information you give us is also processed by Shopify and our other service providers, some of whom are overseas. Shopify's own privacy policy is at shopify.com/legal/privacy.

13. Errors

We try hard to keep prices, descriptions and availability correct. If we find a clear error (for example, a price missing a digit), we may correct it. If it affects an order you've placed, we'll contact you before dispatch so you can confirm at the correct price or cancel for a full refund.

14. Using the site fairly

Please use the Services lawfully and respectfully. You must not:

  • copy, scrape, resell or exploit our content or products except as these Terms allow;
  • upload viruses or harmful code, or try to get around our site's security;
  • use the Services to harass anyone, send spam or pretend to be someone else; or
  • collect other people's personal information through our site.

We may suspend or close an account that breaks these rules. If we do, we'll still deliver or refund any order you've already paid for.

15. Automated agents

If you use software that acts on your behalf without direct supervision (an "Agent"), such as an AI shopping assistant, the Agent must identify itself as an Agent (including by adding "Agent/[agent name]" to its user agent string), must not pretend to be a human or get around measures such as CAPTCHAs that tell people and computers apart, and must answer truthfully if asked whether it is a human. We may limit or block Agent access. You're responsible for orders an Agent places for you.

16. Our liability

We are responsible for the products we sell as required by the Australian Consumer Law, including when a product is faulty, unsafe or not as described.

To the extent the law allows:

  • we are not liable for loss that was not reasonably foreseeable, or that was caused by something outside our reasonable control (such as postal disruptions, extreme weather or a cancelled market); and
  • we are not liable for injury, illness or loss caused by outdoor hazards (such as poisonous plants, bites and stings, water or weather), by not following the safety guidance in section 2, or by a lack of adult supervision.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or under any law that can't be excluded.

You agree to cover reasonable costs we incur if you deliberately misuse our designs or content in breach of section 8.

17. Changes to these Terms

We may update these Terms from time to time, for example when we add products or the law changes. We'll post the new version here with a new "Last updated" date. Changes apply to orders placed after that date, not to orders you've already placed. If a change is significant, we'll also email customers.

18. General

  • Governing law. These Terms are governed by the laws of Queensland, Australia. You and we can bring claims in the courts of Queensland, or anywhere else your consumer rights allow.
  • Severability. If any part of these Terms is found invalid, the rest still applies.
  • No waiver. If we don't enforce a right straight away, we can still enforce it later.
  • Transfer. If the business is sold, we may transfer these Terms to the new owner, who must keep your rights the same.
  • Whole agreement. These Terms, together with the policies linked above, are the whole agreement between you and us about the Services.

19. Contact us

Questions about these Terms? We'd love to hear from you.

Spotter & Ollie, ABN 86 965 566 835 Email: hello@spotterandollie.com.au Post: PO Box 1887, Sunnybank Hills QLD 4109, Australia