Aurora Pearls Terms & Conditions

Aurora Pearls Pty Ltd – Messaging Terms and Conditions

Consent to Receive Messages

By providing your mobile phone number and opting in, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS, MMS, and RCS) messages (including cart reminders) from Aurora Pearls Pty Ltd (“Aurora Pearls”), including messages that may be sent using automated technology or AI-assisted systems, to the mobile telephone number you provided when signing up or any other number you designate.

You consent to receive such messages regardless of any time-of-day restrictions and/or the presence of your number on any Do Not Call register. Consent to receive automated marketing messages is not a condition of purchase. Standard message and data rates may apply.

Message frequency may vary. Aurora Pearls reserves the right to modify the frequency or number of messages sent at any time. We may also change the sending number or shortcode from which messages are delivered, and we will notify you if this occurs.

Not all devices, handsets, or mobile carriers are supported, and our messages may not be deliverable in all areas. Messages may fail to deliver if you alter or add digits or symbols to our number. Aurora Pearls, its service providers, and supported mobile carriers are not liable for delayed, undelivered, or misdirected messages.

By subscribing, you also agree to our Aurora Pearls Terms of Use and Privacy Policy. We may share certain information with our messaging service providers (e.g., Attentive Mobile Inc.) as outlined in our Privacy Policy.

Customer Care

For assistance or support related to our products or services, please visit:
https://aurorapearls.com.au/contact-us/

Dispute Resolution

1. General

In the interest of resolving disputes between you and Aurora Pearls efficiently and cost-effectively, both parties agree that any dispute, claim, or controversy arising out of or relating to these Messaging Terms or your receipt of messages from Aurora Pearls or its service providers shall be resolved by binding arbitration conducted in Australia.

Arbitration is a private and less formal process than going to court. The arbitrator may award the same remedies a court could, and the decision is final and binding, subject to limited rights of appeal.

By agreeing to these terms and conditions, you waive your right to bring or participate in any class action or representative proceeding, and you waive the right to a trial by jury (if applicable).

2. Exceptions

This arbitration agreement does not prevent either party from:

Bringing an individual claim in small claims court;
Pursuing an enforcement action through a government or regulatory agency;
Seeking injunctive relief from a competent court; or
Bringing an action for intellectual property infringement.

3. Governing Rules

The arbitration shall be administered by the Resolution Institute (Australia) or another mutually agreed arbitration body, in accordance with its Arbitration Rules, as modified by these Messaging Terms. The arbitrator shall have the exclusive authority to resolve any dispute about the interpretation, scope, or enforceability of this arbitration agreement.

4. Notice and Process

Before commencing arbitration, the party seeking to do so must first send a written notice of the dispute (“Notice”) to the other party.
The Notice should:

Describe the nature and basis of the claim; and
Specify the relief sought (“Demand”).

All Notices must be sent to:
Aurora Pearls Pty Ltd

Both parties will make good faith efforts to resolve the dispute within 30 days after the Notice is received. If no resolution is reached, either party may commence arbitration.

5. Fees and Conduct

If you commence arbitration, Aurora Pearls will reimburse the filing fee for claims under AUD $10,000, unless the arbitrator determines the claim is frivolous or made in bad faith. Arbitration may proceed via written submissions, telephone, or in-person hearing as appropriate.

The arbitrator must issue a written decision explaining the essential findings and conclusions. All arbitration proceedings, including documents and outcomes, shall remain confidential unless disclosure is required by law.

6. No Class Actions

You and Aurora Pearls agree that claims may only be brought in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.

7. Severability

If any provision of this arbitration section is found unenforceable, that specific provision shall be severed, and the remainder shall remain in full force and effect.