Website Terms and Conditions
Before using the Website, you must read and accept all these Terms and
Conditions, the Privacy Policy and other policies contained elsewhere on the
Website (collectively the "Terms of Use") carefully as they govern the use and
access to the website www.cutesywootsy.com.au (“Website”) and the purchase of
any products or goods.
1.Acceptance
By accessing or using the Website, you acknowledge that you have read,
understood and agree to the Terms of Use as updated from time to time. We
may modify the Terms of Use at any time and any such modifications shall be
deemed effective immediately upon posting on the Website. Your continued use
of the Website shall constitute your acceptance of the modified Terms of Use
and as such you should visit this page periodically to review the Terms of Use.
2.Use of the Website
You acknowledge and agree that you:
a.will use the Website solely for your personal and non-commercial use;
b.are responsible for maintaining the confidentiality of passwords
associated with any Cutesy Wootsy account you use; and
c.will be solely responsible to Cutesy Wootsy for all activities that occur
under your registered Cutesy Wootsy accounts ("Accounts").
Further you acknowledge that violations of the Terms of Use may result in a
range of actions, including limits on account privileges, limits on overall buying
activity and account suspension or termination.
3.Restrictions on use of the Website
In using the Website, you may not:
a.use the Website except as otherwise expressly permitted by Cutesy
Wootsy. Any access or attempt to access other areas of the Cutesy
Wootsy computer system or other information contained on the system
for any purpose is strictly prohibited;
b.use the Website if you are not able to form legally binding contracts, are
under the age of 18 or are suspended from using Cutesy Wootsy
services;
c.circumvent or manipulate our fee structure, the billing process, or fees
owed to Cutesy Wootsy;
d.distribute viruses or any other technologies that may harm Cutesy
Wootsy or the interests or property of Cutesy Wootsy users;
e.use the Website in any manner or for any purpose which is:
i.unlawful or in any manner which violates any right of Cutesy
Wootsy or any other affiliate of Cutesy Wootsy; or
ii.prohibited by the Terms of Use.
The Website is only available to, and may only be used by, individuals and
companies which can form legally binding contracts under their applicable law.
4.Timeliness of Information.
While Cutesy Wootsy uses reasonable efforts to ensure that all information on
the Website is accurate and up to date ("Information"), the Information may
become out of date from time to time. Neither Cutesy Wootsy, nor any of its
affiliates give any warranty or representation as to the accuracy, validity,
reliability, completeness or timeliness of the Information. The Information may
contain inaccuracies or typographical errors. The use of this Website and the
Information is at your own risk.
5.Liability
Your use of the Website is at your own risk. To the fullest extent permitted by
law, Cutesy Wootsy disclaims all warranties. Neither Cutesy Wootsy nor any of
its affiliates assume any liability or responsibility for, or make any warranties or
representations as to the accuracy, validity, reliability, completeness or
timeliness of any Information on the Website. In no event shall Cutesy Wootsy,
any of its affiliates or any other party involved in creating, producing or
delivering the Website be liable for any damages (including without limitation,
direct, incidental, consequential, indirect or punitive loss or damages, or
damages resulting from lost profits, lost data or business interruption) arising
out of your access to, use of or inability to access or use, the Website, purchase
of any products or goods on the Website, or any errors or omissions in the
Website's content or functionality. This includes damages resulting from viruses
that may infect your computer equipment. Without limiting the foregoing,
everything on the Website is provided to you “AS IS” without warranties of any
kind, either express or implied, including, but not limited to warranties of
merchantability, fitness for a particular purpose or non-infringement. All users
access and use the Website and its content at their own risk. Cutesy Wootsy
does not accept responsibility for information on other sites which may linked to
this Website.
Australian Consumer Law may confer rights and remedies on you in relation to
the provision by Cutesy Wootsy of goods which cannot be excluded, restricted
or modified ("Prescribed Rights"). Cutesy Wootsy does not exclude Prescribed
Rights but does exclude all other warranties implied by custom, law or statute.
6.Registration and Accounts
In order to purchase goods from the Website, you are required to create an
Account. By subscribing or creating an Account, you agree to receive emails
from Cutesy Wootsy. You can access and change your Account information at
any time. In establishing and maintaining an Account you agree:
a.to provide true, accurate, current and complete information about
yourself as prompted by the registration form ("Registration
Information");
b.to maintain and promptly update the Registration Information to keep it
true, accurate, current and complete;
c.to maintain the security of your user identification, password and other
confidential information relating to your Account;
d.to be responsible for all consequences resulting from use of your
Account, use of your Account by others (including minors) or
unauthorised use;
e.to notify Cutesy Wootsy immediately if you become aware of any
unauthorised use of your Account; and
f.that each username and password must be used by a single user and is
not to be transferred.
7.Orders
Orders placed by you are offers to purchase pursuant to the Terms of Use
together with any specific terms and conditions at the price specified (including
delivery and any other charges).
Cutesy Wootsy reserves the right to accept or reject your order at our absolute
discretion at any time after an order has been made. If we cancel your order we
will provide you with a full refund of any payment received. Once placed, you
cannot cancel you order.
8.Price
All prices, amounts, fees and charges are shown in Australian dollars and
include GST where applicable (unless otherwise stated).
Prices are current as at the time of display but are subject to change.
9.Payment
All payments must be received in full prior to the issue of a purchase
confirmation.
10.Refund and Return Policy
Cutesy Wootsy will provide an automatic refund where:
a.we are required by law to do so; or
b.we have made an error in advertising a product or good which materially
misrepresents the product or good.
Cutesy Wootsy will not provide a refund:
a.if you change your mind after you have purchased a product or good;
and
b.if the product or good purchased did not meet your expectations.
A request for a refund must be submitted in writing to
contactus@cutestwootsy.com.au.
Cutesy Wootsy’s liability to provide any refund is limited to the price for which
the product or good was purchased.
Any refund will be credited to the credit card account or the PayPal account
used to purchase the product or good. Any refund provided is in no way an
admission of liability by or on behalf of Cutesy Wootsy.
11.Privacy Policy
Cutesy Wootsy respects the privacy of its users and has created a Privacy Policy
that explains users’ rights and responsibilities in respect to personal information
disclosed on the Website. Please read our Privacy Policy for more information.
12.Indemnification
You agree to indemnify, defend and hold harmless Cutesy Wootsy, its affiliates,
officers, directors, employees, agents, suppliers and third party partners from
and against all losses, expenses, damages and costs, including reasonable
attorney’s fees resulting from any violation by you of the Terms of Use, or any
activity related to your Account (including negligence or wrongful conduct) by
you or any other person accessing the Website using your Account.
13.Confidentiality
Subject to the terms and conditions of our Privacy Policy, any communication or
material that you transmit to, or post on, the Website by electronic mail or
otherwise, including but not limited to, any data, questions, comments,
suggestions will be treated as non-confidential and non-proprietary information.
Cutesy Wootsy or any of its affiliates, may use such communication or material
for any purpose whatsoever, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast and further posting. Cutesy
Wootsy, and its affiliates, are free to use any ideas, concepts, know-how or
techniques contained in any communication or material you send to the Website
for any purpose whatsoever including, but not limited to, developing marketing
products.
14.Trademarks
The trademarks, brand names, logos and related tag-lines and service marks
("Trademarks") displayed on the Website, whether or not appearing in large
print or with the trade mark symbol ™ or ® are registered and unregistered
trademarks of Cutesy Wootsy, its affiliates, related companies, licensors or joint
venture partners. In addition, all page headers, custom graphics, button icons
and scripts are service marks, trademarks and or trade dress of Cutesy Wootsy
and may not be copied in whole or in part, without the prior written permission
of Cutesy Wootsy. You acknowledge that the Trademarks used and displayed on
the Website are and shall remain the sole property of Cutesy Wootsy or the
respective trade market owner. Nothing contained in this Website should be
construed as granting by implication, estoppel or otherwise any license or right
in or to the Trademarks without the express written permission Cutesy Wootsy
or the Trademark owner. Your misuse of the Trademarks on the Website and its
contents, except as provided in these Terms of Use, is strictly prohibited. You
are advised that Cutesy Wootsy will enforce its intellectual property rights to
fullest extent of the law, including by seeking criminal sanctions.
15.Copyright
Cutesy Wootsy grants you the privilege of accessing and viewing the text,
graphics, audio, design, images, charts and other content ("Content") on the
Website solely for your personal provided that all Content is intact and in the
same form as presented on the Website. Cutesy Wootsy may revoke such
privilege at any time with or without notice for any reason. Any and all Content,
software and other works on the Website and any reproductions of any of the
foregoing (collectively, "Works") are the intellectual property of Cutesy Wootsy.
Other than the limited grant of access to and viewing of the Content, Cutesy
Wootsy grants you no other privilege or right in the Works. You acknowledge
that any other use of the Works, including without limitation, reproduction,
modification, distribution, transmission, republication, display or performance,
without the prior written permission of Cutesy Wootsy, is strictly prohibited.
Unless expressly stated, nothing contained in the Terms of Use, shall be
construed as conferring any license or right under any Cutesy Wootsy copyright.
16.Operating Policy
You are prohibited from posting or transmitting any unlawful, threatening,
libellous, defamatory, obscene, inflammatory, pornographic or profane material
or any material that could constitute or encourage conduct that would be
considered a criminal offence, give rise to civil liability or would otherwise
violate the law. Cutesy Wootsy will fully cooperate with any law enforcement
authority or court order requesting or directing Cutesy Wootsy to disclose the
identity of anyone posting any such information or materials.
17.Review of Communications
Cutesy Wootsy reserves the right, but is not obligated, to review
communications and materials posted or uploaded to the Website, and to block
or remove communications or materials that it determines to be:
●abusive, defamatory or obscene;
●fraudulent, deceptive, or misleading;
●in violation of a copyright, trademark or other intellectual property right of
another, or
●offensive, objectionable or otherwise unacceptable to Cutesy Wootsy at its
sole discretion.
18.Editorial Policy
Cutesy Wootsy reserves the right to alter or delete material from the Website at
any time.
19.No Endorsement
Certain links on the Website may lead to resources located on servers that are
not maintained or controlled by Cutesy Wootsy. Such links are provided merely
for the users’ convenience. Cutesy Wootsy is not responsible for the content of
any referenced websites or for the availability of access to such websites.
Inclusion on the Website of any link to another website, or any reference to any
product or service by trade name, Trademark, manufacturer or otherwise does
not constitute or imply an endorsement or recommendation by Cutesy Wootsy.
Access to other websites linked to the Website is at your own risk, Cutesy
Wootsy is not responsible for the accuracy, relevancy, legality, or decency of any
content or material contained on any other website and Cutesy Wootsy
disclaims all liability regarding access to such linked websites.
20.Termination
The Terms of Use are effective until terminated by Cutesy Wootsy. Cutesy
Wootsy may terminate this agreement, your Account and your access to the
Website at any time without notice. In the event of termination, you are no
longer authorised to access the Website. If Cutesy Wootsy ceases access to or
terminates your Account, Cutesy Wootsy will not be liable for any loss or
damage suffered by you or any third party in doing so. All restrictions imposed
on you, disclaimers and limitation of liability set out in the Terms of Use will
survive termination.
21.Legal Disputes
If a dispute arises between you and Cutesy Wootsy, our goal is to provide you
with a neutral and cost effective means of resolving the dispute quickly. We
strongly encourage you to first contact our customer service at
contactus@cutestwootsy.com.au to seek a resolution. We will consider
reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as alternatives to
litigation.
22.Miscellaneous
These Terms of Use, together with our Privacy Policy and any other agreement
that may be entered into by you and Cutesy Wootsy in connection with a
specific product or good of Cutesy Wootsy, constitutes the entire agreement
between you and Cutesy Wootsy and supersede any and all other agreements,
representation s and understandings, whether written or oral.
If any clause or provision of the Terms of Use is determined to be illegal, invalid
or unenforceable under present or future law, then, you acknowledge and agree
that the clause or provision so determined to be illegal, invalid or unenforceable
shall be severable without affecting the enforceability of the remaining clauses
or provisions.
These Terms of Use and your use of the Website and any products and services
provided by the Website shall be governed by the laws of New South Wales,
Australia.
The headings used in these Terms of Use are for convenience only and such
headings are not be used in determining the meaning or interpretation of these
Terms of Use.
If you have any questions about these Terms of Use, please contact our
administration by email to samantha@cutestwootsy.com.au or in writing to
PO Box 230
Engadine, Sydney
N.S.W 2233
These Terms of Use were last updated in August 2017.