TERMS OF USE

Please carefully read the following Terms of Use before using this Web Site (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

This website is operated by Charming Creature Pty Ltd. Throughout the website, the terms “CHARMING CREATURE,” “we,” “us,” and “our” refer to Charming Creature Pty Ltd. and its affiliates, successors, and assigns.  The words “you” and “your” refer to each individual user accessing and using our website and services.  CHARMING CREAUTRE offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing products from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms apply to all users engaging in our Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Service.  By accessing or using any part of our Service, you agree to be bound by these Terms.

DISCLAIMER

Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Charming Creature nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Charming Creature also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES

Charming Creature reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.

TRADEMARKS

Charming Creature is a registered trademark in Australia and other countries. Charming Creature trademarks may not be used without the written permission of Charming Creature and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Charming Creature.
Any rights not expressly granted herein are reserved.

COPYRIGHT AND PROPRIETARY RIGHTS

All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Charming Creature, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Charming Creature, Inc.


The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Charming Creature. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Charming Creature Pty Ltd.’s copyright, trademark and other proprietary rights.


Any and all trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Charming Creature uses in connection with the Site shall remain the exclusive property of Charming Creature. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Charming Creature. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.

COMMUNICATIONS PROVIDED BY USER

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Charming Creature or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Charming Creature is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Charming Creature and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Charming Creature and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.

SITE CONTENTS: LINKS TO THIRD PARTY SITES

The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Charming Creature and it is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Charming Creature is not responsible for webcasting or any other form of transmission received from any Linked Site. Charming Creature is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Charming Creature of the Linked Site or any association with its operators.

SHOPPING

Charming Creature does not guarantee, warrant or endorse any product or service not manufactured or performed by Charming Creature, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Charming Creature. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Charming Creature.

ORDER ACCEPTANCE

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Charming Creature reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

PRIVACY

Charming Creature agrees to adhere to all applicable Australian consumer laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.

INDEMNIFICATION

You agree to defend, indemnify and hold Charming Creature harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

TERMINATION

Charming Creature reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

FRAUD PROTECTION



Once an order is processed, we reserve the right to request from the customer an email of a scan or photo of a government-issued photo ID and the front and back of your credit card.

Please send an email to info@charmingcreatureclothing.com with the required attachments. If we deem this satisfactory, your order will be processed.

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website or its content:  (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.