Terms and Conditions.
Online Terms
Your access and use of this Website constitutes your agreement to these Terms of Use (“You”).
This Website means all webpages located on the www.bycarrieann.com domain name (“Website”).
This Website is the Website of BY CARRIEANN is a registered business with ABN 88 990 580 460 (“BY”) and its related entities.
Your access and use of this Website is governed by these Terms of Use, BY’s Privacy Policy and the Privacy & Security Statement. By accessing and using this Website You acknowledge and accept that You are bound by these Terms of Use, BY’s Privacy Policy and the Privacy & Security Statement and must be ratified as to its terms with a subsequent Services Agreement (if required by BY) entered into between BY and You following the engagement of the agreed terms of BY.
Description of Services
On this Website BY provides users with access to purchase a range of Services including but not limited to the services of a specialised creative studio (“the Services”).
BY offers a wide range of Services and sometimes additional terms (“Additional Terms”) may apply to your use of the Website and the Services thereof.
If You do not agree to be bound by these Terms of Use or Privacy Policy You may not use the Website in any way.
Prohibited Activities
Each of the following activities are prohibited:
1. use of any type of data accumulation tool, robot, or spider to compile, disseminate, extract, process, reproduce, or repackage in any form or monitor any of the web pages, content, data of information contained within or accessible through this Website;
2. to accumulate or combine the content, data or information contained or accessible through this Website with content, data or information from any third party, without BY’s prior written permission;
3. use of high-volume, automated or systematic processes to obtain data or other information from this Website;
4. compiling, repackaging or disseminating any information or data from this Website;
5. accumulating data or information from this Website whether or not using any automatic or manual process;
6. use of any type of device, process, routine or software either systematically or non-systematically to interfere or attempt to interfere with the functioning of this Website or any transaction or process conducted on or through this Website;
7. to use or reproduce any information or data from this web Website other than as specifically permitted by these Terms of Use;
8. to incorporate into or store any information or data from this Website in any other Website, electronic retrieval system, database, publication or other work in any form, other than as specifically permitted by these Terms of Use
9. combining or processing any data or information from this Website with other data or information other than as specifically permitted by these Terms of Use;
10. creating a link to this Website from another Website without BY's prior written permission;
11. using this Website other than as specifically permitted by these Terms of Use
12. any use of this Website for an unlawful purpose or activity;
13. either yourself or through a third party changing, modifying, reproducing, or creating any works derived from this Website, or displaying in public, any part or content of this Website without BY’s prior written permission or unless You have a non-excludable legal right to do so.
Permitted Activities
This Website may only be used for the following permitted activities:
1. a use authorised in writing by BY or a related entity;
2. authorised persons carrying out their duties for BY; and
3. temporary browsing as a genuine customer of BY, or for personal non-commercial interest.
Warranties by You
You warrant that:
1. any information provided to BY to engage the Services of BY is true, accurate, current and complete;
2. You have all consents, authorities, permissions and or the like to provide any information to BY for the engagement of the Services.
Other Terms of Use
1. Although BY endeavours to ensure the information contained on this Website is accurate, complete and up to date, we do not warrant the accuracy, completeness or currency of any such information.
2. Some Services are offered solely to assist You deciding to use BY to decide which type of service You seek from BY. You are not authorised to, and You agree not to, use high-volume, automated or systematic processes to obtain quotes or make listing applications, or to make an excessive number of requests to the Services.
3. You also agree not to use, copy, compile, repackage or disseminate any information obtained from any BY service for any purpose other than your personal, non-commercial purposes without BY’s prior written consent, and You specifically agree that You will not use, or obtain with an intention to use, such information for the purpose of discovering the business logic of either service, or creating a tool that predicts the operation of our service.
4. Without prejudice to any other rights that it may have, BY reserves the right to terminate, limit or restrict your access to this Website and BY’s other online Services in its sole discretion, including without limitation if You contravene these Terms of Use.
5. You acknowledge that the business logic (including the relative importance of each rating criterion and the pricing algorithm) used to implement the Services are trade secrets of BY and/or its related entities, and that BY would suffer significant harm if such business logic were to be derived, and subsequently used or disclosed, in breach of these Terms of Use.
6. This Website may contain links to third party Websites. BY and its related entities do not make any representations or warranties as to the contents of any third party Websites, and expressly disclaim that they operate any Website other than this Website. Third party links accessible from this site is not an endorsement of those Website’s content, products, Services or information. BY is not responsible for any loss or damage of any sort incurred from directly or indirectly accessing third party Websites from links on BY.
7. The information on this Website is provided for individuals wishing to rent their garment to another individual, or vice versa, and where indicated, may be limited to specific states and territories of Australia. The law of Australia governs these Terms of Use.
8. BY trademarks, if existent, may not be used or reproduced without the prior written consent of BY. BY may use BY trademarks for each of their respective products and Services.
Disclaimer of warranty
All content, products, and Services on the Website, or available through the service, or obtained from a Website to which the Website is linked (a "linked Website") are provided to You "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
BY does not endorse and is not responsible for:
1. the accuracy or reliability of any opinion, advice or statement made through the Website or service by any party;
2. any content provided on linked Websites; or
3. the capabilities or reliability of any product or service obtained from a linked Website.
Other than as required under applicable consumer protection law or Fair Trading Acts, under no circumstance will BY be liable for any loss or damage caused by a user's reliance on information obtained through the Website or a linked Website, or user's reliance on any product or service obtained from a linked Website.
It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Website, or obtained from a linked Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitation of liability
You expressly understand and agree that BY and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BY has been advised of the possibility of such damages), resulting from use of the Website, content or any related Services.
Indemnity
You will indemnify and hold harmless BY from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including legal and experts’ fees), incurred by BY and such parties, and shall defend BY and such parties against any and all claim arising out of
1. your breach of these Terms of Use or your breach of any services agreement for the engage of the Services from BY;
2. your breach of the Terms of Use;
3. fraud You commit, or your intentional misconduct or gross negligence; or
4. your violation of any applicable Australian or foreign law or the right of a third party. BY will control the defence of any claim to which this indemnity may apply, and in any event, You shall not settle any claim without the prior written approval of BY.
Governing Law
This Agreement is governed by and is to be construed in accordance with the laws of New South Wales and each of the parties submits to the jurisdiction of the State of New South Wales.
Intellectual Property
Any name of BY including but not limited to the logo, information, resources and material on www.creaturehabit.co are the intellectual property of BY and are protected as such.