Terms and Conditions
Terms and Conditions
1. Your Agreement
- We provide our website www.thecarousel.com (the ‘Site’) to you subject to the following terms of service (“Terms“). Please read these Terms carefully as they outline your agreement with Foyster Media Pty Ltd (ACN 117 994 091) t/a The Carousel (“The Carousel” “we” or “us“) as a “Visitor” (which means that you simply browse the Site), or as a “Member” (as provided below) (altogether “Users“).
- As a Visitor to the Site, by your continued use, you are deemed to agree to and to accept these Terms.
- Visitors have the option of becoming a “Member” of the Site by signing in with their existing accounts via third party social media platforms including Facebook, Twitter, Google+ and LinkedIn, I order to participate in discussions, share stories and connect with what your friends are sharing. If you wish to become a Member, go to https://thecarousel.com/sign-in/.
- By registering with the Site in the manner above, Members confirm that they have read, understood and accepted these Terms.
- If you do not agree to these Terms you should refrain from becoming a Member, and cease using the Site.
3. Use of the Site
- As a User, you are specifically prohibited from:
(a) downloading, copying, distributing or re-transmitting any or all of the Site or any content on the Site, including all and any material uploaded or otherwise provided by Users (“Site Content“) without the written license or agreement of The Carousel;
(b) using any data mining, robots or similar data gathering or extraction methods on any part of the Site or the Site Content;
(c) altering, adapting, modifying or manipulating any part of the Site or the Site Content;
(d) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology;
(e) using the Site or the Site Content other than for its intended purpose including any commercial use including, but not limited to:-
(i) sale of access to the Site or its related services on another website;
(ii) any use of the Site or its related services that The Carousel finds, in its sole discretion, to use The Carousel’s resources or Site Content with the effect of competing with or displacing the market for The Carousel or Site Content.
- Such unauthorized use may also violate applicable laws including without limitation copyright and trade mark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
- You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.
4. Intellectual Property Rights
- “The Carousel” is a trade mark of The Carousel.
- All Site Content and all other material included on the Site, such as, but not limited to text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is either the property of The Carousel or its Users, or its content suppliers and is protected by international laws of copyright, trade dress, moral rights, trade mark and other laws relating to the protection of intellectual property.
5. Copyright Infringement Policy
- In accordance with the Copyright Act 1968 (“Copyright Act“) and other applicable laws throughout the world, The Carousel has adopted a policy of terminating, in appropriate circumstances and at The Carousel’s sole discretion, any access or ongoing use of the Site by Users who infringe the intellectual property rights of The Carousel or any third party.
6. Intellectual Property Complaints
- If you believe that any material on the Site infringes upon any copyright or any other intellectual property right that you own or control, you may file a notification of such infringement with us at [email protected].
7. Trade Marks
- No logo, name, or mark, registered or unregistered may be used without prior written permission of The Carousel.
- All other trade marks not owned by The Carousel that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Carousel.
8. Objectionable Material
- Users are expressly prohibited from providing material to be included on the Site that contains nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, inaccurate, inappropriate or otherwise objectionable subject matter. However, despite this prohibition, material provided by Users may contain such material, products or services, and The Carousel assumes no responsibility or liability for this material.
- If you become aware of misuse of the Site by any person, please contact The Carousel at [email protected]
9. Termination Policy
- The Carousel reserves the right, in its sole discretion, to reject, refuse to post or remove any content generated by Users, or to restrict, suspend, or terminate Users access to all or any part of the Site and/or Site Content at any time, for any or no reason, with or without prior notice, and without liability.
- In particular, The Carousel reserves the right to decide whether any use of the Site or Site Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length, or appropriate content.
The Carousel is not responsible for any Content posted on the Site or in connection with services provided by The Carousel on, or in relation to the Site (“The Carousel Services“), whether caused by Users or by any of the equipment or programming associated with or utilized in The Carousel Services.
Profiles, or any other material or information created and posted by The Carousel or Users on the Site may contain links to other websites. The Carousel is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by The Carousel. Inclusion of any linked website on The Carousel Services or on the Site does not imply approval or endorsement of the linked website by The Carousel.
- Third Party Sites
When you access these third-party sites, you do so at your own risk. The Carousel takes no responsibility for third party advertisements which are posted on this Site or through The Carousel Services, nor does it take any responsibility for the goods or services provided by its advertisers.
- Conduct of Users
The Carousel is not responsible for the conduct, whether online or offline, of any User of the Site. The Carousel assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any User communication.
- Technical Issues
The Carousel is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of The Carousel Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site Content.
- Use of Site
Under no circumstances shall The Carousel be responsible for any loss or damage, including personal injury or death, resulting from use of The Carousel Services, from any content posted on or through the Site, or from the conduct of any Users of The Carousel Services and/or the Site, whether online or offline. The Carousel Services and the Site are provided “AS-IS” and as available and The Carousel expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Carousel cannot guarantee and does not promise any specific results from use of The Carousel Services and/or the Site.
The Site is controlled and offered by The Carousel from its facilities in Australia and hosted from facilities in Erskine Park, Western Sydney, Australia. The Carousel makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Limitation on Liability
- In no event shall The Carousel be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, arising from your use of The Carousel services and/or The Carousel site, even if The Carousel has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Carousel’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Carousel for The Carousel services during the term of membership, if any.
- You specifically acknowledge that The Carousel shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of hadm or damage from the foregoing rests entirely with you.
- If there is any dispute about or involving The Carousel Services, you agree that the dispute shall be governed by the laws of the State of New South Wales, Australia, without regard to conflict of law provisions and you agree to non-exclusive jurisdiction and venue in the state and federal courts of Australia located in the State of New South Wales.
- You agree to indemnify and hold The Carousel, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of The Carousel Services and/or the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- This Agreement is accepted upon your use of the Site or any of The Carousel Services and is further affirmed by you checking the box to indicate you have read, understood and accept these Terms.
- This Agreement constitutes the entire agreement between you and The Carousel regarding the use of the Site and The Carousel Services.
- The failure of The Carousel to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Carousel without restriction.
- This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
- The Carousel reserves the right to amend these Terms from time to time. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
- Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
- You and The Carousel agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
16. Shipping & Returns:
Delivery: We deliver products using Australia Post. Shipping costs will be calculated at check-out will be added to the order total before checkout. Orders are dispatched within 2 business days. Shipping times are estimated at between 1 and 3 business days, depending on your location.
Total cost to customer : Available on the check-out page detailing cost of purchase, GST and shipping and delivery costs.
Return and Refunds policy:
If you are not satisfied with your purchase then please return un-opened to The Carousel, 114A/40 Yeo Street, Neutral Bay, NSW 2089 within 30 days from the invoice date for a full refund. You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the product on the website or do not perform as advertised.