Terms of service
TERMS OF SERVICE
Last updated: 29 August 2026
1. OVERVIEW
This website, www.cubbyandco.com.au, is operated by Cubby & Co, the trading name of Atlas Retail Group Pty Ltd. In these Terms of Service, “Cubby & Co”, “we”, “us” and “our” refer to Atlas Retail Group Pty Ltd trading as Cubby & Co.
By accessing our website, browsing our store, creating an account, placing an order or purchasing products from us, you agree to be bound by these Terms of Service and by the policies referenced on this website, including our Privacy Policy, Shipping Policy, Returns & Refund Policy and Payments Policy.
Please read these Terms carefully before using our website. If you do not agree to these Terms, you should not access or use the website or purchase products from Cubby & Co.
Cubby & Co provides an online ecommerce store offering children’s toys, outdoor play equipment, travel essentials and related products to customers in Australia.
Our website is hosted on Shopify Inc., which provides the ecommerce platform that allows us to sell products and services to you.
We may update, change or replace any part of these Terms by posting the updated version on this page. Your continued use of the website after changes are posted constitutes acceptance of the updated Terms.
2. ELIGIBILITY AND ACCEPTABLE USE
By using this website or placing an order, you confirm that you are at least the age of majority in your state or territory of residence, or that you have the consent of a parent or legal guardian to use the website.
You must not use our website, products or services for any unlawful, fraudulent, abusive or unauthorised purpose. You must not use the website in a way that violates any applicable law or regulation.
You must not transmit viruses, malware, worms, destructive code or any other harmful material through the website. You must not interfere with, disrupt, damage or attempt to gain unauthorised access to our website, systems, servers, payment providers or related services.
We may suspend or restrict access to the website where we reasonably believe these Terms have been breached.
3. PRODUCTS, INFORMATION, AVAILABILITY AND PRICING
We make reasonable efforts to ensure that product descriptions, images, pricing, availability, specifications and other information displayed on our website are accurate and up to date. However, we do not guarantee that all information will always be completely accurate, current or error-free.
Product colours may appear differently depending on your screen, device settings, lighting or display quality. Product dimensions may vary slightly due to manufacturing tolerances or measurement methods.
Products listed on our website may be available exclusively online and may have limited quantities. We may limit quantities, discontinue products, update product information or change pricing at any time.
Prices are displayed in Australian Dollars (AUD) unless otherwise stated. We reserve the right to correct pricing errors, typographical errors, product-listing errors or other inaccuracies. If an order is affected by an error, we may contact you to confirm whether you wish to proceed at the corrected price, or we may cancel the order and provide a refund where payment has already been taken.
4. ORDERS
When you place an order, you make an offer to purchase the products in your cart in accordance with these Terms. An order is not accepted by us until payment has been successfully processed and an order confirmation has been issued.
We may accept, decline, cancel or limit an order where reasonably necessary, including where:
- an item is unavailable or out of stock;
- there is an error in the product listing, price, description or availability;
- payment cannot be verified or authorised;
- we suspect fraudulent, unauthorised or suspicious activity;
- the order appears to be placed by a reseller, distributor or unauthorised third party; or
- the shipping address is incomplete, invalid or outside our service area.
If we cancel an order after payment has been processed, we will refund the amount paid using the original payment method where possible.
You are responsible for providing accurate, current and complete billing, shipping, contact and account information. We are not responsible for delays, failed deliveries, lost parcels or additional costs arising from incorrect or incomplete information supplied by you.
5. PAYMENTS
All payments must be made using the secure payment methods displayed at checkout.
By submitting an order, you confirm that you are authorised to use the selected payment method and authorise us and our payment providers to charge the total amount shown at checkout, including any applicable taxes, shipping charges and other clearly disclosed fees.
Payment processing is handled by third-party payment providers. We do not store your full payment card details on our servers.
If a payment is declined, reversed, disputed or cannot be completed successfully, we may cancel or suspend fulfilment of the order. For further information, please see our Payments Policy.
6. DISCOUNTS, PROMOTIONS AND OFFERS
From time to time, we may offer discounts, promotional codes, sales, bundles or special offers. Unless otherwise stated:
- discount codes cannot be combined or stacked;
- discount codes may only be used once per customer;
- promotions may be changed, extended or withdrawn at any time;
- promotions are not redeemable for cash; and
- discounts generally cannot be applied retrospectively to previous orders.
We may cancel or refuse a promotion, discount code or order where we reasonably suspect misuse, abuse, fraud or a technical error.
7. SHIPPING AND DELIVERY
Shipping and delivery are governed by our Shipping Policy, which forms part of these Terms.
Delivery timeframes are estimates only and may vary depending on your location, courier demand, weather events, peak periods, stock availability and other factors outside our control. Once an order has been dispatched, delivery is handled by third-party courier and postal services. While we will assist with tracking and delivery issues where possible, we cannot guarantee exact delivery dates.
You are responsible for providing a correct and complete shipping address at checkout. Please review our Shipping Policy for current processing times, estimated delivery timeframes, service areas and tracking information.
8. RETURNS, REFUNDS AND EXCHANGES
Returns, refunds and exchanges are governed by our Returns & Refund Policy, which forms part of these Terms.
Nothing in these Terms limits your rights under the Australian Consumer Law. You may be entitled to a repair, replacement, refund or other remedy where a product is faulty, unsafe, not of acceptable quality, not fit for purpose, does not match its description or otherwise fails to meet a consumer guarantee under the Australian Consumer Law.
For change-of-mind returns, eligibility, timeframes, conditions and return-shipping responsibilities are set out in our Returns & Refund Policy.
9. AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
Any limitation, exclusion, disclaimer or restriction in these Terms applies only to the maximum extent permitted by law and does not exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law.
10. THIRD-PARTY SERVICES AND LINKS
Our website may include or provide access to third-party services, applications, payment providers, shipping providers, review platforms, analytics tools, marketing tools or other external services. These services are provided by independent third parties and may be subject to their own terms, policies and privacy practices.
We are not responsible for the availability, performance, content, accuracy, security or practices of third-party services or websites. Any dealings you have with a third-party website or service are solely between you and that third party.
11. REVIEWS, FEEDBACK AND USER CONTENT
If you submit reviews, comments, feedback, photographs, videos, testimonials, suggestions or other content to us, you grant Cubby & Co a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, edit, translate, distribute, display and share that content for business, marketing, customer-service and operational purposes.
You confirm that any content you submit:
- is accurate and not misleading;
- does not infringe the rights of another person;
- does not contain unlawful, abusive, defamatory, obscene, threatening or offensive material;
- does not contain malware, viruses or harmful code; and
- is submitted voluntarily.
We may, but are not required to, monitor, edit, publish, remove or refuse user-submitted content.
12. INTELLECTUAL PROPERTY
All content on this website, including text, images, graphics, logos, icons, product photography, videos, page layouts, design elements, trademarks and product names, is owned by or licensed to Cubby & Co unless otherwise stated.
You must not copy, reproduce, distribute, modify, publish, display, sell, licence, exploit or otherwise use any part of our website content or intellectual property without our prior written consent.
Nothing in these Terms grants you any right, title or interest in our intellectual property.
13. PRIVACY
Your submission of personal information through our website is governed by our Privacy Policy. By using the website or placing an order, you acknowledge that your personal information may be collected, used, stored and disclosed in accordance with our Privacy Policy and applicable law.
14. ERRORS, INACCURACIES AND OMISSIONS
Occasionally, the website may contain typographical errors, inaccuracies, omissions or outdated information relating to product descriptions, pricing, promotions, offers, availability, shipping charges, delivery estimates or other content.
We reserve the right to correct errors, inaccuracies or omissions, update information or cancel orders where information is inaccurate, including after an order has been submitted. We are not obligated to update, amend or clarify information except as required by law.
15. PROHIBITED USES
You must not use the website or its content:
- for any unlawful, fraudulent, misleading or unauthorised purpose;
- to violate applicable laws, regulations or third-party rights;
- to infringe intellectual-property rights;
- to harass, abuse, insult, threaten, defame, intimidate or discriminate against another person;
- to submit false, inaccurate or misleading information;
- to upload or transmit viruses, malware or harmful code;
- to collect or track personal information about others without consent;
- to spam, phish, crawl, scrape or conduct unauthorised automated data collection;
- to interfere with website security, functionality or performance;
- to attempt to gain unauthorised access to our systems or accounts; or
- to circumvent security measures, payment protections or access controls.
We may terminate or restrict access to our website or services if you engage in prohibited conduct.
16. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, our website and services are provided on an “as is” and “as available” basis.
We do not guarantee that the website will be uninterrupted, timely, secure, error-free, virus-free or available at all times. We do not guarantee that errors will be corrected immediately or that the results obtained from use of the website will always be accurate or reliable.
Nothing in this section excludes any guarantee, warranty, right or remedy that cannot be excluded under the Australian Consumer Law.
17. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Cubby & Co, Atlas Retail Group Pty Ltd, and their officers, employees, contractors, suppliers, service providers, partners and affiliates will not be liable for indirect, incidental, special, consequential, punitive or exemplary loss or damage arising from your use of the website, services or products.
This includes, without limitation, loss of profits, loss of revenue, loss of data, loss of goodwill, loss of opportunity, business interruption or replacement costs.
Where liability cannot be excluded under applicable law, our liability will be limited to the maximum extent permitted by law.
18. INDEMNITY
You agree to indemnify and hold harmless Cubby & Co, Atlas Retail Group Pty Ltd, and their officers, employees, contractors, suppliers, service providers, partners and affiliates from claims, demands, losses, liabilities, costs or expenses arising from your breach of these Terms, misuse of the website or services, violation of law, infringement of a third party’s rights, or content or information submitted by you.
19. SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary. The remaining provisions will continue in full force and effect.
20. TERMINATION
These Terms remain effective unless and until terminated by either you or us. You may stop using the website at any time.
We may suspend or terminate your access to the website, services or account at any time if we reasonably believe you have breached these Terms or engaged in unlawful, fraudulent, abusive or harmful conduct.
Any obligations or liabilities incurred before termination will survive termination where appropriate.
21. ENTIRE AGREEMENT
These Terms, together with our related policies, constitute the entire agreement between you and Cubby & Co regarding your use of the website and purchase of products from us. They supersede prior communications, agreements, representations or understandings about the same subject matter.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
22. GOVERNING LAW
These Terms of Service and any separate agreements under which we provide products or services to you are governed by the laws of Australia.
Where applicable, you agree to submit to the jurisdiction of the courts of Australia in relation to a dispute arising from these Terms, the website or your purchase from Cubby & Co.
23. CHANGES TO THESE TERMS
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website after changes are posted constitutes acceptance of the updated Terms.
24. CONTACT INFORMATION
If you have questions about these Terms of Service, please contact us using the details below.
Legal entity: Atlas Retail Group Pty Ltd
Trading name: Cubby & Co
Australian Business Number (ABN): 42 699 000 827
Business address: 3/192 Marine Parade, Kingscliff NSW 2487, Australia
Email: support@cubbyandco.com.au
Phone: 0418 208 831
Business hours: Monday–Friday, 9:00 am–5:00 pm AEST
Website: www.cubbyandco.com.au