[last updated August 2017]
For the purposes of these terms and conditions, “Us”, “Our” and “We” refers Sarah Cannata Pty Ltd, and contains information and material from its related businesses owned or operated by us. “You” and “Your” refers to you, the client, visitor, website user or person using our website/s.
AMENDMENT OF TERMS
We may revise and update these Terms at any time. When you use our services after we have made a change you are accepting the changed Terms. Please check these Terms regularly prior to using our website to ensure that you understand and accept any changes.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services. You agree not to hack into areas of our online services that are not intentionally made available to you.
We reserve the right to exclude and deny any person or business access to our online services or information in our sole discretion.
CREATING AN ACCOUNT WITH US
You may be required to open an Account with us to –
- Share Your Story and/or contribute to any online forums, community or discussion;
- Purchase Goods;
- Advertise with us or through our Website;
- Participate in any competition, promotion, survey or questionnaire.
When you open an Account with us, you will be provided with a username and password. This is not to be shared with others. We are not responsible for the storage of your username or password, this is your sole responsibility and you agree to keep this information secure.
If you lose or have restricted access to your Account due to login and password lose or malfunction you understand and agree that two (2) failed login attempts may result in loss of access to your Account. You agree that while we may attempt to assist you in re-setting your login and or your password, we cannot guarantee recovery of lost login or password information, or that access can be regained quickly or at all.
We are under no obligation to restore any information that you may have in your Account, and we are under no obligation to reinstate your Account. Be aware that your history may not be stored and you may need to re-enter information again.
When you open an Account with us you also undertake to us that you will not use our website in any manner which could damage, disable, overburden, impair our website or interfere with any other party’s use and enjoyment of our website. You agree not to hack into areas of the website that are not intentionally made available by us as part of your Account.
We expect you to show common courtesy and respect when Sharing Your Story or contributing to any online community, forum or discussion/s on our website. You must always be respectful if commenting on our social media, the same expectations apply.
You agree to use your Account and any ability to Share Your Story or contribute to any online community, forum or discussion/s in a manner that is proper, lawful, and related to our Website and services. This means that you agree that you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
- Post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Upload any material protected by intellectual property laws unless you own or control those rights or have received all necessary consents;
- Upload any material that has been altered to remove proper legal notices;
- Download any material posted by another user that you know, suspect or reasonably should know, cannot be legally distributed in such manner;
- Advertise or offer to sell or buy any goods or services for any purpose, unless we provide a forum for those messages;
- Conduct or forward spam, surveys, contests, pyramid schemes or chain letters;
- Restrict or inhibit any other user from using and enjoying our website services;
- Violate any code of conduct or other guidelines we publish;
- Violate any applicable laws or regulations;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
To the fullest extent permitted by law, Sarah Cannata Pty Ltd disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Sarah Cannata Pty Ltd gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Sarah Cannata Pty Ltd to bear any costs of servicing, repairs, or correction.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that we will not be liable to you or any other person or entity for any loss or damage whatsoever arising because of your use of this or any related website owned or operated by us. This includes errors or omissions in our documents, information, any goods or services we may offer, your use or reliance on our content, or any third-party content, links, comments or advertisements.
You agree that to the fullest extent permitted by Australian Consumer Law, our total liability is limited at our discretion to the provision of those goods or services again, or to a refund equal to the total amount paid by you.
You agree that our total liability to you for all damages, losses and causes of action arising from or in relation to our website, goods or services will be limited to the total amount paid by you to us for services in the month preceding your claim, even if that amount is zero.
This limitation of liability survives any termination or expiration of this agreement or your use of any of our online services.
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- any content you post via our online services;
- your unauthorised use of our online services, or products or services included or advertised on our online services;
- advertising on our online services or contributing content for our online services;
- any claims made for breach of intellectual property rights in respect of your advertisement or content;
- your breach of these terms and conditions.
DELIVERY OF GOODS
Where our services include the physical delivery of goods, we take every care to ensure that deliveries are processed promptly upon receipt of full payment from you. Delivery will generally take between 2 and 14 days, but this can vary for many reasons. We will use Australia Post and/or reputable courier local, interstate, national or international companies but cannot be responsible for any delivery delays, damage to goods or goods that may be lost in transit. You need to address this directly with Australia Post or the courier.
Electronic or Digital goods are usually delivered immediately. This may include downloading E-books, Documents or Materials. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you. Please be aware that there are inherent risks associated with downloading any software and digital goods. It is your responsibility to understand and protect yourself against all risks and we cannot be held accountable for any loss or damage that may arise from downloading any software or digital goods.
Payment The prices for our products and services are in Australian dollars, inclusive of GST and are as quoted on our online services.
Payment must be made before the products or services are provided.
Payment may be made by credit card, debit card or other method made available through our online services from time to time. We reserve the right to refuse payment made in any form.
You agree that we may use third-party payment platforms such as PayPal and Stripe to process payments received from you (third party-platforms).
You agree that you are responsible for all transactions (one-off, recurring and refunds) processed through third-party payment platforms and understand and agree not to hold us liable for any loss or damage arising from any errors, valid or invalid transactions processed with your PayPal, Stripe or any other third party payment platform whether intended or not.
As soon as you complete the checkout process, funds will be deducted from your nominated payment method and you should receive an electronic confirmation. You agree that if you process a transaction, it is your responsibility to verify that the transaction has been correctly and successfully processed.
We cannot guarantee that a product will always be available. If we cannot fulfil any order placed by you, we will refund to your account any sum deducted by us.
We will not be able to process your order in the event of:
- incorrect payment details (including credit card details) being supplied;
- cleared funds not being approved / received through your nominated payment method; and
- fraudulent activity suspected / identified.
RETURNS AND REFUNDS
We handle returns and processes refunds in accordance with the Australian Consumer Protection legislation. We will promptly respond to any requests made by you to return or refund goods however, unless you are able to demonstrate that a product or service was faulty, all returns or refunds are made at our discretion.
LINKS TO OTHER WEBSITES
We may provide links to other websites, or refer to other providers, their goods or services, advertisements and information. This does not imply sponsorship, endorsement, approval of, or arrangement and we take no responsibility for examining or evaluating other businesses, or for the content of their websites, information, advice, goods or services. You need to carefully read their privacy statements and conditions of use for yourself, and you need to determine the value, if any, and inherent risks of any other business or its website content.
We were make a ‘recommendation’ this is for your convenience only and we are not providing any advice nor do we take any responsibility for any advice received in this regard.
CLASSIFIEDS – ADVERTISERS
We may offer you the opportunity to advertise on our online services or produce content for our online services. Without limiting anything else in these terms and conditions, as an advertiser or contributor you:
- Agree to pay any fees for advertising on our online services as and when they are due;
- Agree to provide us with copies of your advertising material in a manner and timeframe that we specify;
- Agree to ensure that the advertising material complies with all relevant laws and regulations, and does not contain any content that is prohibited or restricted by Australian law;
- Agree to ensure that advertisements or content do not contain anything that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights;
- Will not advertise on our online services in a way that is misleading or deceptive or contains defamatory statements or content;
- Agree to ensure any links or uploads are free from worms, viruses or other types of malicious or harmful programs or code;
- Irrevocably grant to us a world-wide, non-exclusive, royalty-free and perpetual licence and right to use your content and allow us to display your business name and trademarks on our online services; and
- Agree that we may remove or disable your advertisement or content, at our sole discretion, if we believe your content to be in violation of our terms and conditions. We may also deny the use of our online services to you in the future and are not obligated to return any subscription or registration monies.
We will use all reasonable endeavours to maintain your advertisement on our online services in accordance with your instructions and specifications. Note that positioning and placement of the advertisement on our online services will be at our discretion.
CLASSIFIEDS – VISITORS
By using our website, you acknowledge that our advertisers are third party advertisers and we do not have any connection with them. We do not recommend, endorse or promote them, nor do they have any affiliation with us.
Whilst we take reasonable care to monitor our website, we do not undertake any liability or obligation about the content, information, goods or services of third party advertisers and you therefore use those websites and services at your own risk.
We are not responsible for any loss, damage or issues you may have with the advertiser and cannot be held responsible for any direct or indirect loss you may suffer because of using their products or services. We also cannot confirm that the information on any of the third-party advertising sites is accurate or up-to-date.
EXCLUSION OF COMPETITORS
We take our business achievements and right to privacy seriously.
If you are in the business of providing similar services for a fee to customers, then you are a competitor and you are expressly excluded from our online services. We do not permit you to use or access any of our online services, information, content or to copy, download or reproduce in any way our content or information.
If you breach this term then we will hold you fully responsible for any loss that we sustain and further hold you accountable for all profits that you might make from use without permission or improper use.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
By providing content or posting directly on any of our online services you represent that you have the right to and title in this information and content, you own it and have the right to present and publish it.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. You are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download on our online services.
We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Permission Any unauthorised redistribution or reproduction of part or all of the contents in any form is prohibited. You may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
PROMOTIONS AND COMPETITIONS
We may run competitions, free prize draws and/or other promotions on our online services. Any promotion will be subject to Victorian legislation and additional terms and conditions that will be made available when the promotion is launched. We will publish the names of competition winners on the website running the promotion.
By entering a Promotion you:
- Agree that there may be separate terms and conditions for that Promotion, and they may not be listed here;
- Agree that Promotions are as advertised on our online services and cannot be exchanged or redeemed for cash;
- Agree that we reserve the right to verify your identity, age and place of residence and disqualify any individual that we believe has breached these terms and conditions (or any other separate terms and conditions relating to the Promotion), or has engaged in improper conduct that jeopardises fair and proper conduct of the Promotion.
Games of Skill – General Terms and Conditions of Entry
- Promotions commence on the date set out in the competition details.
- Entries close on the date set out in the competition details.
- By entering the competition, all entrants will be deemed to have accepted and agreed to be bound by these rules.
- Chance plays no part in determining the winner in a game of skill. Each entry will be individually judged, based upon individual creative merit.
- All entries must be an independent creation by the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
- Entrants in a competition must be 18 years old and over and residents of Australia.
- Employees or associates of Sarah Cannata Pty Ltd and their immediate families and third parties associated with Promotions are ineligible to enter the competition.
- To enter, entrants must complete the task required for entry into the competition. Only one entry is permitted per person unless otherwise stated. We reserve the right to verify the validity of entries.
- The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. The judges’ decision will be final and no correspondence will be entered into.
- All entries become and remain our property. We may use the entrant’s names and entries for any commercial purpose, including future promotional marketing and publicity purposes.
- We reserve the right to withdraw or amend the competition as necessary due to circumstances outside our control.
- Any prize is non-transferable and non-redeemable for cash. A prize cannot be exchanged for another. If for any reason whatsoever a winner does not take a part of the prize at the time stipulated by the promoter, then that part of the prize will be forfeited by the winner and cash will not be awarded in lieu of that part of the prize.
- We reserve the right to substitute any component of a prize for a similar item of equal value at our discretion.
- We will not be liable for any loss or damage suffered, or for personal injury which is suffered or sustained, in connection with the prize, except for any liability which cannot be excluded by law.
- You are responsible for obtaining independent financial advice about the tax implications of accepting a prize.
- If for any reason a winner does not accept the prize within three (3) months of the date of drawing, then the prize will be forfeited by the winner.
- Entries will be judged at the offices of Sarah Cannata Pty Ltd in Victoria, Australia on the day that is two business days after the date of close of entries. The winner’s name will be published on the website making the promotion within thirty (30) days of the draw.
- The winner will be notified in writing by email within thirty (30) working days of the conclusion of the competition.
- If we are unable to contact the winner within thirty (30) days of the draw and have made every effort to contact them with the information provided in their entry, then we will award the prize to another valid entrant.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
These terms and conditions represent the whole agreement between you and Sarah Cannata Pty Ltd concerning your use and access to our online services and your use and access to the documents and information on it or them. No other term is to be included in this agreement except where it is required to be included by Law. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between us that results in any legal process then you must submit to the jurisdiction of the courts of Victoria.