Terms & Conditions
ABOUT THESE TERMS
Accepting these Terms
Welcome to The Children’s Clothing Carousel! This Terms of Service agreement (“Terms”) is between you
(“you”
or “your”) and The Children’s Clothing Carousel (“we,” “our,” “us,” or “The Children’s Clothing Carousel”),
and
governs your access to and use of our website located at childrensclothingcasrsouel.com (and any
successor
site thereto) (the “Site”), our mobile application (the “App”) and related services, including The
Children’s Clothing Carousel’s product rental and sale services (together with the Site, the App, and
the
Content (as defined below), the “Services”). These Terms also apply to in-person rentals and sales,
which
are part of the Services.
Please review these Terms carefully; by accessing or using any of the Services, including by creating an
Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by
these
Terms.
These Terms are a legally binding contract between you and The Children’s Clothing Carousel. By
accepting
these Terms, you represent that you are an individual of legal age to form a binding contract or, if you
are
not, that you have obtained parental or guardian consent to enter these Terms. Under no circumstances
may
you access or use the Services if you are under thirteen (16) years old. Your access to and use of the
Services in any way also means that you agree to all of these Terms, and these Terms will remain in
effect
while you access or use the Services. These Terms incorporate by reference any additional terms and
conditions posted by The Children’s Clothing Carousel through the Site, or otherwise made available to
you
by The Children’s Clothing Carousel (the “Additional Terms”), and you understand and agree that by
accessing
or using any of our Services, you agree to also comply with all Additional Terms.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU
AGREE
THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from Australia and are not intended to subject The
Children’s Clothing Carousel to any non-Australian. jurisdiction or law. Any use of the Site is at your
own
risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the
Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction
that
we choose.
Changes
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services
(including access to the Site via any third-party links). We encourage you to check our Site
periodically
for the most current Service offerings. Similarly, we may update the Content, including descriptions and
specifications about Products or Services, and we reserve the right to remove any Content (as described
below) at any time, for any reason (including, but not limited to, if someone alleges you contributed
Content in violation of these Terms), in our sole discretion, and without notice. The Children’s
Clothing
Carousel will have no liability for any change in the Services, or any suspension or termination of your
access to Services.
We also reserve the right to change these Terms at any time by notifying you of such changes by any
reasonable means, including by posting the revised Terms on the Site. At our discretion, we may also
notify
you of certain changes by sending you an email to the email address associated with your Account. You
are
responsible for providing us with your current email address when you create an Account, and, if your
email
address changes, for updating your Account information to reflect your new email address. Your continued
use
of the Services, including by renting or purchasing Products (as defined below) from us, following any
changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by
the
revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises
prior
to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you
of
such changes. If you don’t agree with the new Terms, you may no longer access or use the Services.
Privacy
Your submission of information through the Services is governed by The Children’s Clothing Carousel
Privacy
Policy. To review the current The Children’s Clothing Carousel Privacy Policy, please click here.
Frequently Asked Questions
Please also refer to our online FAQ section for general information regarding our Services.
ABOUT OUR SERVICES
How to Access The Children’s Clothing Carousel Services
As noted above, you must be 16 years or older to access or use the Services. To use the Services, you
may be
required to sign up for an account (your “Account”), select a password and username (your “The
Children’s
Clothing Carousel User ID”), and provide us with certain information or data, such as your contact
information. You promise to provide us with accurate, complete, and up-to-date information, and to
maintain
and update such information. You may not transfer your Account to anyone else without our prior written
permission. You may only register one Account per Paid Service (as defined below).
Additionally, you may be able to access certain parts or features of the Services by using your account
credentials from other services operated by third parties (each, a “Third Party Account”), such as those
offered by Google and Facebook. By using the Services through a Third-Party Account, you authorise us to
access information from such Third-Party Account for use in connection with the Services.
You may only use the Services and Products made available to you for your own personal, non-commercial
use,
and not on behalf of or for the benefit of any third party, and only in a manner that complies with all
laws
that apply to you. If your use of the Services or Products is prohibited by these Terms or any
Additional
Terms or applicable laws, then you are not authorised to use the Services or Products. You are solely
responsible for any use by you of any Services or Products in violation of these Terms, any Additional
Terms, or applicable law.
You may not share your Account (including your The Children’s Clothing Carousel User ID or password)
with
anyone, and you must protect the security of your Account (including your The Children’s Clothing
Carousel
User ID and password) and any other access tools or credentials. You’re solely responsible for any
activity
associated with your Account, including all charges incurred from use of the Services with your Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not
limited
to, refusing to fulfill any order that you place with us, or restricting orders placed under a single
customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel,
or
prohibit any use of the Services for any reason in our sole discretion, including but not limited to
availability and geographic concerns, or if we determine or suspect that you are using the Services for
fraudulent or commercial purposes or for any other purposes in violation of these Terms or any
Additional
Terms.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your
Account, in any way (including by operation of law or otherwise) without The Children’s Clothing
Carousel's
prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations
(in
whole or in part) without your consent or notice to you.
Subscription Services
If you purchase a Subscription, the subscription fee (“Subscription Fee”) will be the then-current
applicable subscription rate (including all applicable taxes and fees) listed on the Subscription
Service on
the date that you sign up for such Subscription Service; provided that, if your Subscription Service is
based on a promotional rate, you will be charged a fee equal to the promotional rate for the duration of
the
promotion, and, after the expiration of the applicable promotion, you will be charged the applicable
rate on
a recurring monthly basis, and you authorise us (or our third-party payment service providers) to charge
your Payment Method (as defined below) the monthly subscription fee on a recurring monthly basis. The
Children’s Clothing Carousel reserves the right to alter the Subscription Fee, availability of certain
Subscription Services, or availability of any item at its discretion and without notice.
Sales
If you purchase a Product through the Services, the purchase price we offer (aka the “to buy” price) is
based on a broad range of factors, including item-specific rental history, customer trends, the impact
of
removing an item from rental circulation, and members’ past shopping and purchase history. The
Children’s
Clothing Carousel, at its discretion and without notice, reserves the right to alter the price of a
Product,
the amount or availability of any discount, or the availability of any item. You authorise us (or our
third-party payment service providers) to charge your Payment Method (as defined below) for the Purchase
Price when you purchase Products, and we will charge your Payment Method the amount of the Purchase
Price.
Other Terms Related to Products and Services
Use of the Products
You agree to treat the Products with great care. The rental coverage provided by us covers normal wear
and
tear, but you are responsible for any loss, destruction, or damage to the Products for any reason,
including
due to theft, loss, mysterious disappearance, fire, major stains, or any other cause. “Normal wear and
tear”
means minor stains, rips, missing beads, stuck zippers, or other minor damage that is covered by the
rental
coverage. If you return a product that is damaged beyond normal wear and tear, then you hereby authorise
us
(or our third-party payment service provider) to charge your Payment Method for the price for repairing
or
replacing the Product, as determined in our discretion, up to the Comparable Value price for the
Product.
Product and Service Descriptions
We may, in our sole discretion, provide listings, descriptions, or images of Products that are available
on
the Services, as well as references and links to Products, but we do not warrant that the Product
listings,
descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products
will
be available, even if noted as so on our Services. Such information and the availability of any Product
are
subject to change at any time without notice. Certain weights, measures, and similar descriptions are
approximate and are for convenience only. We make reasonable efforts to accurately display the
attributes of
Products, including the applicable colours, however the actual colours you see will depend on your
computer
system, and we cannot guarantee that your computer (including a smart phone or similar device) will
accurately display such colours. The prices displayed for Products and Services are quoted in AUS
dollars,
unless otherwise indicated. The availability through the Services of any listing, description, or image
of a
Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
Delivery
You are responsible for providing us with accurate shipping information for deliveries and for keeping
the
shipping information for your Account up to date. If you provide us with a shipping address that is
invalid
or where you cannot securely accept Products upon delivery, or if you do not keep your shipping
information
up to date, you are solely responsible for any resulting loss, theft, or damage to the Products. We
reserve
the right to reject, cancel, or prohibit any rentals or sales of Products for any reason. Please see our
FAQ
Section for more information regarding deliveries.
Couriers
The Children’s Clothing Carousel may from time to time engage third-party couriers (“Couriers”) to
facilitate delivery of Products. Couriers are independent contractors and not employees, partners,
agents,
joint ventures, or franchisees of The Children’s Clothing Carousel. The Children’s Clothing Carousel
shall
not be liable or responsible for any delivery services provided by Couriers, or any errors or
misrepresentations made by any of them. If you opt to have Products delivered by Courier, you agree to
bear
responsibility for receipt of Products shipped to the delivery location specified at time of check out.
The
Children’s Clothing Carousel highly recommends that you provide a secure location where you can
physically
receive Product(s) (including from a Courier), and The Children’s Clothing Carousel does not bear
liability
for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that The
Children’s
Clothing Carousel does not supervise, direct, control, or monitor a Courier’s provision of services. Any
interactions or disputes between you and a courier are solely between you and that courier. The
Children’s
Clothing Carousel and its licensors shall have no liability, obligation or responsibility for any
interaction between you and any courier.
Returns and Lost Items
Returning Rented Products
You agree to return each Product (other than Products that you purchase) to The Children’s Clothing
Carousel
by the for such Product identified in your online account, immediately when you “mark” an item as
exchanging, and/or the applicable invoice for your order or as otherwise set forth in these Terms (the
“Product Return Date”). We may, but are not required to, permit you to extend your rental period for a
Product (including by contacting us), subject to prepayment of any additional fees applicable to that
Product for the period of time of the extension. Products ordered using the Subscription Services do not
have to be returned until you mark your Products as “returning” or you Cancel or Pause your Subscription
Services (see our FAQs for “Our Capsules”, “How do I cancel my Subscription?” and “How to Pause a
Subscription Service” sections for more information).
Lost Items
We are not responsible for any personal or other items left in the Products or which are returned to The
Children’s Clothing Carousel in the Return Packaging. If you believe you have accidentally or otherwise
sent
any such items to us, please contact customer service as soon as possible at
mailto:info@childrensclothingcarousel.com We may, but are not required to, assist you in attempting to
locate such items at your request, and we assume no responsibility or liability if we attempt to locate
such
items. Failure to timely return a Product is a violation of our Terms, and we may terminate your
Account,
charge your Payment Method for any Overdue Fee, and/or take other legal action.
Returning Purchased Products
Purchased Products are not eligible for return, we do not make, and expressly disclaim, any warranties
of
any kind with respect to any Product that you purchase, and such the Product is provided on an “AS IS”
basis.
Returning by Australia Post
If you use the Return Packaging that we provide, you must use the shipping carrier specified on the
pre-paid
shipping label included with the Return Packaging. The Children’s Clothing Carousel will not be
responsible
for loss, theft, or damage to Products that are posted back to us using any carrier other than the
carrier
that is specified on our Return Packaging and/or the return label provided for the return of a purchased
product (“Return Label”), or for any fees or expenses that you incur due to delays in The Children’s
Clothing Carousel receiving the Product.
If you lose or damage the Return Packaging that we provide, you will be responsible for returning the
Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any
packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may
result
in delivery delays and additional delivery fees for which The Children’s Clothing Carousel will not be
liable. You will be solely liable for all such delays, any additional fees, delivery fees, and any
damage to
Products.
Drop-Off Locations
If you are returning a Product using a return scanner at a The Children’s Clothing Carousel Drop-Off
Location, once a Product has been scanned into a kiosk return scanner, you have marked the Product as
“returning,” and you must immediately deposit the Product in the return bin provided. Failure to
immediately
deposit a Product in the return bin at the self-service kiosk at the time that it is scanned into the
kiosk
is a violation of our Terms, and we may terminate your Account, charge your Payment Method for an
additional
month Fees and/or take other legal action.
Billing and Payments
How Payments Work
When you place a rental order for a Product, you hereby authorise The Children’s Clothing Carousel to
charge
your payment card or other payment instrument (“Payment Method”) for the Rental Fee. You must always
ensure
that your Payment Method is valid and up to date. You are responsible for providing complete and
accurate
billing and contact information to The Children’s Clothing Carousel and notifying The Children’s
Clothing
Carousel of any changes to such information. The Children’s Clothing Carousel will charge your Payment
Method the amount of the Rental Fee immediately upon your rental order. In addition, at the time of your
rental order for a Product, you hereby authorise The Children’s Clothing Carousel to charge your Payment
Method for an amount up to the Comparable Value price of the Product set forth on the applicable
Service
plus GST; provided that The Children’s Clothing Carousel will only charge your Payment Method for an
amount
that is greater than the Rental Fee as described in these Terms. Rental Fees exclude all federal, state,
and
local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments,
all
of which shall be paid by you directly or, if paid by The Children’s Clothing Carousel, shall be paid by
you
to The Children’s Clothing Carousel in connection with your rental order.
We use a third-party payment service providers (the “Payment Service Providers”) to bill you for any
Paid
Services through a payment account linked to your account (your “Billing Account”). By choosing to use
Paid
Services, you agree to pay us, through the Payment Service Providers, all charges at the prices then in
effect for any use of such Paid Services in accordance with the applicable payment terms, and you
authorise
us, through the Payment Service Providers, to charge your chosen Payment Method. You agree to make
payment
using that selected Payment Method, but if the Payment Service Providers is not able to charge your
preferred Payment Method, you authorise us to use any Payment Method stored on record for your Billing
Account. We reserve the right to suspend or cancel a rental order or terminate your access to the
Services
if we are unable to successfully charge the provided Payment Method. We are not responsible for errors
by
the Payment Service Providers, and we reserve the right to correct any errors or mistakes that we or the
Payment Service Providers make(s) even if we have, or our Payment Service Providers has already
requested or
received payment. If we, through the Payment Service Providers, do not receive payment from you, you
agree
to pay all amounts due on your Billing Account upon demand.
How Recurring Billing and Auto-renewal Work
Paid Services are offered as a subscription that may consist of an initial period, for which there will
be
an initial charge, followed by recurring period charges as agreed to by you (“Subscription Services”).
When
you choose a Subscription Service, your Payment Method will be charged the then-current applicable rate
(including all applicable taxes and fees) on the date that you sign up for such Subscription Service.
This
date is your “Billing Date.” The applicable fee will automatically renew, meaning your Payment Method
will
be automatically charged the then-current applicable rate for the Subscription Service during each
subsequent month until you Pause or Cancel (each as defined below) the Subscription Service or terminate
your Account. Recurring charges will occur on a going-forward basis each month on or about the same
date as
your Billing Date (however, if your Billing Date does not exist in each month, you will be billed on or
around the last day of that month). The period between your Billing Dates is referred to as a “Billing
Period.” As of your first Billing Date, the Subscription Services are available to you, subject to these
Terms. Your Account will remain active, and you will remain eligible to participate in the Subscription
Services for subsequent Billing Periods after we successfully receive your payment for each applicable
Billing Date. If you do not want to continue to be charged on a recurring monthly basis, you must Cancel
or
Pause the applicable Subscription Service before the end of the then-current Billing Period.
By choosing a recurring Subscription Service, you acknowledge that such Paid Services have an initial
and
recurring payment feature, and you accept responsibility for all recurring charges prior to
cancellation. WE
MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU PROVIDE
PRIOR
NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORISATION OR CANCELLED OR
PAUSED THE SERVICES OR YOUR ACCOUNT. Such notice will not affect charges that have already been
submitted or
are in process.
To change your Payment Method, go to your Account Dashboard settings. To delete a Payment Method or
terminate your payment authorisation, contact us at mailto:info@childrensclothingcarousel.com. For
information on how to Pause or Cancel your account, see below.
Information Provided by Customers
You must provide current, complete, and accurate information for your Billing Account. You must promptly
update all information to keep your Billing Account current, complete, and accurate (such as a change in
billing address, credit card number, or credit card expiration date). If your Payment Method is
cancelled
for any reason (e.g., for loss or theft) or if you become aware of a potential breach of security, such
as
the unauthorised disclosure or use of your User ID or password, you must promptly notify us and update
your
Payment Method. Changes to such information can be made in your account settings. IF YOU FAIL TO PROVIDE
ANY
OF THE REQUIRED INFORMATION OR KEEP SUCH INFORMATION UP TO DATE, YOU AGREE AND ACKNOWLEDGE THAT WE MAY
CONTINUE CHARGING YOU USING ANY PAYMENT METHOD YOU HAVE ON RECORD, FOR ANY USE OF PAID SERVICES UNDER
YOUR
BILLING ACCOUNT, UNLESS YOU HAVE CANCELLED OR PAUSED YOUR PAID SERVICES OR TERMINATED YOUR ACCOUNT IN
ACCORDANCE WITH THESE TERMS.
Payment Authorisation
If the amount to be charged to your Billing Account varies from the amount you preauthorised (other than
due
to the imposition or change in the amount of state taxes), we shall provide notice of the amount to be
charged and the date of the charge before the scheduled date of the transaction. Any agreement you have
with
your payment provider will govern your use of your Payment Method. You agree that we may accumulate
charges
incurred and submit them as one or more aggregate charges during or at the end of each Billing Period.
Your non-termination or continued use of a Subscription Service reaffirms that we (and/or our Payment
Service Providers) are authorised to charge your Payment Method for that Subscription Service. We may
submit
those charges for payment, and you will be responsible for such charges. This does not waive our right
to
seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as
otherwise described when you initially selected to use the Subscription Service.
Taxes
You will be responsible for paying, withholding, filing, and reporting all federal, state, and local
goods
and services taxes, duties, customs, duties, levies, and other governmental assessments associated with
your
activity in connection with the Services (including any purchase or rental of any Products and
Subscription
Services), provided that The Children’s Clothing Carousel may, in its sole discretion, do any of the
foregoing on your behalf or for itself as it sees fit.
Pausing and Cancelling Services
How to Pause a Subscription Service
We may, but are not obligated to, permit you to put your Subscription Service on hold for one or more
Billing Periods (a “Pause”). If you wish to Pause your Subscription Service Without Items, you must
return
each Product still in your possession by your next Billing Date, in accordance with these Terms, for the
Pause to go into effect. If you choose to Pause your Subscription Service Without Items, but you do not
return each Product in your possession prior to your next Billing Date, your Subscription Service will
not
be Paused and you may continue to be charged your monthly Subscription Service fee.
Once Paused, we will provide notice to you on and before the date that your Subscription Service
reactivates. You can reactivate your Subscription Service during a Pause at any time prior to the set
date
of reactivation. The date that your Subscription Service reactivates will become your new monthly
Billing
Date when you will be charged the then-current applicable rate (including all applicable taxes and fees)
for
such Subscription Service, and your Billing Period will be measured from your new Billing Date. Please
see
our FAQ Section
for more information regarding Pauses (including how to initiate a
Pause or
reactivate your Subscription Service).
How to Cancel your Account or a Subscription Service
You may terminate your Account or your Subscription Service (“Cancel”) at any time. If you Cancel your
Subscription Service, you may use the Subscription Service until the end of your then-current Billing
Period
and your Subscription will not be renewed after the expiration of your then-current Billing Period. You
must
return all Products in your possession in accordance with these Terms no later than the expiration of
your
then-current Billing Period or the return date in the applicable online invoice (whichever is earlier)
to
avoid incurring additional charges. Please see our FAQ Section for more information regarding how to
Cancel
your Account or your Subscription Service.
Please note that you will not receive any refunds for amounts already paid for the Subscription
Services,
and you will still be responsible for payment of any fees or charges (including, without limitation, all
Rental Fees) incurred by you prior to termination of your Subscription Service. Subscription Services
cannot
be terminated before the end of the Billing Period for which you have already paid, and except as
expressly
provided in these terms, The Children’s Clothing Carousel will not refund any fees that you have already
paid.
The Children’s Clothing Carousel is also free to suspend, limit, or terminate your access to or use of
the
Services or your Account, for any reason in our discretion, including your breach of these Terms.
The following provisions survive expiration or termination of these Terms (or your Account): “Changes,”
“The Children’s Clothing Carousel Packaging,” “Returns and Lost Items,” “Your Content,” “Use
Restrictions,”
“Use of your Content,” “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnity,” “Assignment,”
“Choice of Law,” “Arbitration Agreement,” “Taxes,” “Waiver; Severability,” and “Entire Agreement.”
Free Trials and Promotions
Any free trial or other promotion that provides access to a Paid Service must be used within the
specified
time of the trial. At the end of your free trial or promotion, you will be signed up to use the
applicable
Paid Service and charged in accordance with these Terms, unless you Cancel the Paid Service in
accordance
with these Terms. Please note that any payment terms presented to you in the process of using or signing
up
for a free trial or other promotion are deemed part of these Terms.
Any contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available
through the Services may be governed by rules that are separate from this Agreement. If you participate
in
any Promotions, please review the applicable rules, as well as our Privacy Policy. If the rules for a
Promotion conflict with this Agreement, the Promotion rules will govern.
Gift Cards
General Conditions
The following additional terms and conditions apply to the sale, use, and redemption of The Children’s
Clothing Carousel electronic-only “digital” gift cards and gift credits (collectively, “Gift Cards”).
Purchase and use of a Gift Card constitutes acceptance of these terms. In addition to the terms in this
Section, the purchase, use, and redemption of Gift Cards is considered part of the Services subject to
these
Terms generally.
Redemption and Use
Gift Cards may be purchased online. Gift Cards are redeemable only for eligible Services and merchandise
through our Services. Limits may apply to Gift Card redemption and use at The Children’s Clothing
Carousel’s
discretion, and as stated in the Services or on the Gift Card packaging. A Gift Card cannot be used to
purchase other Gift Cards. When a Gift Card is redeemed, the value of the rental or purchase plus any
shipping/handling/delivery fees and sales tax will be deducted from the currently available Gift Card
balance.
Additional Terms for Digital Gift Cards
Digital Gift Cards are only issued electronically; no physical card will be provided. The digital Gift
Card
number will be delivered to the recipient’s email address that the purchaser provides at time of
purchase of
the digital Gift Card. Purchaser is responsible for providing an accurate and deliverable recipient
email
address. Recipients will usually receive a digital Gift Card via email within 24 hours, or on the
delivery
date the purchaser chooses. Digital Gift Cards may be redeemed by providing the digital Gift Card number
at
the time of checkout online on our Services.
Expiration and Fees
Gift Cards expire after 24months of issue and are not subject to any fees. Gift Cards are not redeemable
or
exchangeable for cash (except as required by law). Gift Cards cannot be reloaded and are not refundable.
Gift Cards cannot be transferred for value.
Lost, Stolen, or Damaged Cards, Unauthorised Use
You should treat your Gift Card like cash and protect it accordingly. Title to and risk of loss for Gift
Cards passes to the purchaser upon sale. The Children’s Clothing Carousel reserves the right to refuse
to
accept Gift Cards that The Children’s Clothing Carousel believes were fraudulently or illegally
obtained.
The Children’s Clothing Carousel is not responsible if a Gift Card is lost, stolen, destroyed, damaged,
or
used without permission. Gift Cards will be replaced if lost, stolen, or damaged only with proof of
purchase
and only for the value shown on The Children’s Clothing Carousel’s records. The Children’s Clothing
Carousel
is not responsible if your Gift Card is used without your permission.
Customer Service; Check Balance
Please see our FAQ Section for assistance regarding Gift Cards (including on how to check Gift Card
balance).
Limitation of Liability
IN ADDITION TO THE GENERAL “LIMITATIONS OF LIABILITY” SECTION SET FORTH BELOW, IN THE EVENT THAT THE
CHILDREN’S CLOTHING CAROUSEL IS FOUND LIABLE TO YOU FOR A CLAIM ARISING FROM A GIFT CARD, YOUR SOLE AND
EXCLUSIVE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE
HELD
ON YOUR GIFT CARD.
CONTENT
Ownership and Use of Intellectual Property
Our Content
We and/or our suppliers and licensors own the Products and Services (including related software, code,
data,
and information relating thereto), and proprietary methods and systems used to provide the Services
(collectively, “Our Property”), the materials, text, graphics, data, articles, photos, images,
illustrations, information, and other content made available or displayed by us through the Services
(collectively, “Our Materials”), and certain of the trademarks, service marks, names, and logos,
including,
but not limited to, The Children’s Clothing Carousel (“Marks,” and together with Our Property and Our
Materials, collectively, “Content”). You agree and acknowledge that the Content is: (i) protected by
copyrights, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned
by
us or our suppliers and licensors. Except as expressly permitted in these Terms, Content may not be
copied,
modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or
otherwise
used in any way without our prior written permission and the prior written permission of our applicable
licensors.
Subject to these Terms, and solely for so long as you are permitted to use the Services, we grant to you
a
non-transferable, non-sublicensable, non-exclusive, revocable, limited right and license to (a) install,
access, and use our website on any single, compatible, personal device that you own or control, and (ii)
access and use the other aspects of the Services, in each case solely for your own personal,
non-commercial
use. You promise to abide by all copyright notices, trademark rules, information, and restrictions
contained
in or attached to any Content, and that you won’t use, copy, reproduce, modify, translate, publish,
broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise
exploit for any purpose any Content. You may not modify, publish, transmit, participate in the transfer
or
sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or
otherwise exploit any of the Content or Services. You may not use our trade names, trademarks, service
marks, or logos in connection with any product or service that is not ours, or in any manner that is
likely
to cause confusion. Nothing contained on the Site should be construed as granting any right to use any
trade
names, trademarks, service marks, or logos without the express prior written consent of the owner.
Your Content
Anything that you post, upload, share, store, provide, or otherwise make available through the Services
is a
“User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and
they
may be viewable by others. You are solely responsible for all User Submissions that you submit or
otherwise
provide to the Services. You represent that (a) all of your User Submissions are accurate, complete,
up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b)
you
own or have the necessary rights, licenses, consents, and permissions, without the need for any
permission
from or payment to any other person or entity, to exploit and to authorize us to exploit your User
Submissions in all manners contemplated by these Terms. You waive all moral rights in User Submissions
which
may be available to you in any part of the world and confirm that no such rights have been asserted. No
User
Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on
our
part and we will not be liable for any use or disclosure of any User Submissions.
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”),
whether related to the Services or otherwise, such Feedback will be deemed a User Submission, and you
hereby
acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback
is
gratuitous, unsolicited, and without restriction, and does not place The Children’s Clothing Carousel
under
any fiduciary or other obligation.
You hereby grant to The Children’s Clothing Carousel and our affiliates a perpetual, non-exclusive,
irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in
whole
or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit,
distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and
otherwise
fully exploit User Submissions in connection the Services and our (and our successors’ and assigns’)
businesses, including without limitation for promoting, marketing, advertising, and redistributing part
or
all of the Site or the Services (and derivative works thereof) in any media formats (whether now
existing or
hereafter created or discovered) and through any media channels, whether now existing or hereafter
created
or discovered (including, without limitation, third-party websites and feeds).
We have the right, but not the obligation, to monitor, scan, intercept, review, analyse, store, alter,
or
remove any information (including all User Submissions received from you), and to monitor, review or
analyse
your access to or use of the Services, in each case, by manual, automated or other means, and in each
case
for any purpose, including such purposes as may be described in the Privacy Policy. We may take
appropriate
action against you or your User Submissions if you violate our rights or the rights of any third party
or
any other provision of these Terms. This may include, but is not limited to, removing or modifying User
Submissions, terminating your account, and/or reporting you to law enforcement authorities. You
acknowledge
that all Content, including User Submissions, accessed by you while using the Services is at your own
risk
and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
Use Restrictions
You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise
make
available any User Submission, otherwise access or use the Content, Products or Services or interact
with
the Services in a manner that:
Infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights
of
anyone else (including The Children’s Clothing Carousel);
Violates any law, rules, or regulation, including, without limitation, any applicable export control
laws or
privacy laws;
Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, tortious,
obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race,
religion, gender, national origin, or sexual orientation or otherwise offensive or objectionable, or is
for
any commercial purpose or is used for any purpose not reasonably intended by The Children’s Clothing
Carousel;
Jeopardises the security of your or any other The Children’s Clothing Carousel user’s Account (such as
by
allowing someone else to log in to your Account);
Attempts, in any manner, to obtain The Children’s Clothing Carousel User ID, password, Account, or other
security information of or from any other The Children’s Clothing Carousel user or impersonates any
other
person, including but not limited to a The Children’s Clothing Carousel representative;
Violates the security of any computer network, or cracks any passwords or security mechanisms or
encryption
codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code, file, or program
that
is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the
use
of, any hardware, software, or equipment;
Runs a “Mail list,” “Listserv,” any form of autoresponder, or “spam” on the Services, or any processes
that
run or are activated while you are not logged into the Services, or that otherwise interferes with the
proper working of the Services (including by placing an unreasonable load on the Services’
infrastructure);
Restricts or prohibits any other person from using the Services;
Frames or mirrors any portion of the Services, or otherwise incorporates any portion of the Services
into
any product or service, without our express prior written consent;
Removes or obscures any copyright, trademark, or other proprietary notice from the Services;
Uses any robot, spider, site search/retrieval application, or other manual or automatic device to
retrieve,
index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the
navigational
structure or presentation of the Site, without our express prior written consent. Notwithstanding the
foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the
Site’s root directory, The Children’s Clothing Carousel grants to the operators of public search engines
permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the
extent
necessary for) creating publicly available, searchable indices of such materials, but not caches or
archives
of such materials. The Children’s Clothing Carousel reserves the right to revoke such permission either
generally or in specific cases, at any time and without notice:
Systematically copies or stores any portion of the Content;
Decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or
underlying
ideas or information of or relating to the Products or Services, except to the extent that such
restriction
is expressly prohibited by applicable law;
Displays material that exploits children under 18 years of age or posts, collects, or discloses any
personal
information (including names) or private information about such children; or
Posts or transmits any unsolicited advertising, promotional materials, or any other forms of
solicitation,
including without limitation solicitations of credit card numbers, solicitations for sponsors, or
promotion
of raffles or contests or any other businesses or services.
You are also responsible for obtaining, maintaining, and paying for all hardware and all
telecommunications
and other services needed to access or use the Services. A violation of any of the foregoing is grounds
for
termination of your right to use or access the Services.
Third-Party Materials
Certain Services functionality may contain links or connections to, or otherwise make available access
to,
third-party websites, services, information, services, products, or other materials that are not owned
or
controlled by The Children’s Clothing Carousel (“Third Party Materials”) or allow for the routing or
transmission of such Third-Party Materials, including via links. When you access or use any Third-Party
Materials, you are directing us to access, route and transmit to you the applicable Third-Party
Materials.
Your use of Third-Party Materials is at your own risk and is subject to any additional terms,
conditions,
and policies applicable to such Third-Party Materials (such as terms of service or privacy policies of
the
providers of such Third-Party Materials).
The Children’s Clothing Carousel has no control over, does not endorse, and assumes no responsibility
for,
any Third-Party Materials, including the content, accuracy, validity, timeliness, reliability,
completeness,
quality, legality, usefulness, safety, or practices of or opinions expressed in any Third-Party
Materials.
In addition, The Children’s Clothing Carousel has no obligation to monitor, verify, censor, or edit the
content of any Third-Party Materials, and we may block or disable access to any Third-Party Materials
(in
whole or in part) through the Services at any time. In addition, the availability of any Third-Party
Materials through the Services does not imply our endorsement of, or our affiliation with, any provider
of
such Third-Party Materials, nor does such availability create any legal relationship between you and any
such provider. We encourage you to be aware when you leave the Services and to read the terms and
conditions
and privacy policy of each third-party website or service that you access or use. By accessing or using
the
Services, you release and hold us harmless from all liability arising from your access to or use of any
Third-Party Materials.
If there is a dispute between participants on this site or Services, or between users and any third
party,
including in connection with any Third-Party Materials, you agree that The Children’s Clothing Carousel
is
under no obligation to become involved, and you are solely responsible for such disputes.
Consent to Receive Periodic Messages
By using the Services, you consent to receiving communications from us, including informational text
messages (such as for purposes of notifying you about the status of your order, sending you reminders,
facilitating secondary authentication, and providing other transactional information) to the phone
number
that you provide by any means, including through an automated telephone number dialling system. You
represent and warrant that you are the owner of the phone number that you provide when you create an
Account. Standard text messaging and data rates charged by your mobile carrier may apply to the text
messages we send you, and all such charges, fees, taxes, or costs are your sole responsibility. You may
opt
out of receiving communications by following the unsubscribe procedures we provide to you. In the case
of
text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing
mailto:info@childrensclothingcarousel.com. You acknowledge that opting out of receiving communications
may
impact your use of the Services. Please note also that you will need to opt out of communications for
each
Service that you sign up for. You agree to indemnify and hold The Children’s Clothing Carousel harmless
from
and against all claims, liabilities, damages (actual and consequential), losses and expenses (including
attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Ratings and Reviews
Our Services may allow you to rate and post reviews of Products. Any ratings or reviews provided by you
are
considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by The
Children’s Clothing Carousel, and do not represent the views of The Children’s Clothing Carousel or of
any
affiliate or partner of The Children’s Clothing Carousel. The Children’s Clothing Carousel does not
assume
liability for any ratings and reviews or for any claims, liabilities, or losses resulting from or
relating
to ratings or reviews. We reserve the right to modify, remove, or exclude any rating and/or review for
any
reason at any time, without notice.
Filtering
We hereby notify you that parental control protections (such as computer hardware, software, or
filtering
services) are commercially available that may assist you in limiting access to material that is harmful
to
minors. Information identifying current providers of such protections is available from
https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
Please note that The Children’s Clothing Carousel does not endorse any of the products or services
listed on
such site.
Copyright Infringement Claims
Australia’s Copyright Act of 1968 provides recourse for copyright owners who believe that material
appearing
on the Internet infringes their rights under Australia’s. copyright law. If you believe in good faith
that
materials available on the Services infringe your copyright, you (or your agent) may send to The
Children’s
Clothing Carousel a written notice by mail, email, or fax, requesting that The Children’s Clothing
Carousel
remove such material or block access to it. If you believe in good faith that someone has wrongly filed
a
notice of copyright infringement against you, the Australia Copyright Act 1968 permits you to send to
The
Children’s Clothing Carousel a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by Australia’s Copyright act 1968. See
https://www.legislation.gov.au/ for details. Notices and
counter-notices must be sent in writing to The Children’s Clothing Carousel as follows: by mail to The
Children’s Clothing Carousel, PO Box 530, Wembley, Western Australia 6913.
MISCELLANEOUS
Limitations of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE
CHILDREN’S
CLOTHING CAROUSEL PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY
INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE
AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) AUS. DOLLARS OR (II) THE AMOUNTS PAID BY
YOU
TO THE CHILDREN’S CLOTHING CAROUSEL IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD
PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES,
SO
THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING,
THE CHILDREN’S CLOTHING CAROUSEL PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS
WITH RESPECT TO THE SERVICES AND THE CHILDREN’S CLOTHING CAROUSEL PARTIES SHALL NOT BE LIABLE FOR ANY
INTERRUPTIONS OR ERRORS RELATED THERETO.
Disclaimer of Warranties
Neither The Children’s Clothing Carousel nor its licensors, suppliers, partners, parent, subsidiaries,
or
affiliated entities, and each of their respective officers, directors, members, employees, consultants,
contract employees, representatives, and agents, and each of their respective successors and assigns
(The
Children’s Clothing Carousel and all such parties together, the “The Children’s Clothing Carousel
Parties”)
make any representations or warranties concerning the Services, including without limitation regarding
any
content contained in or accessed through the Services or any Products, and The Children’s Clothing
Carousel
Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency
of
material contained in or accessed through the Services or any claims, actions, suits procedures, costs,
expenses, damages, or liabilities arising out of or in any way related to your participation in or use
of
the Services.
We make no warranty that the Products or Services will meet your requirements, or that the Services will
be
uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be
obtained from the use of the Products, or Services, or that defects in the Products or Services will be
corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment
or
other reasons. You understand and agree that you will be solely responsible for any damage to your
computer
or loss of data that results from the download of any material in any way related to the Services and/or
our
Content. No advice or information, whether oral or written, obtained by you from us through the Services
or
otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD
PARTY
MATERIALS ARE PROVIDED BY THE CHILDREN’S CLOTHING CAROUSEL (AND ITS LICENSORS AND SUPPLIERS) ON AN
“AS-IS,”
“WHERE IS,” AND “AS AVAILABLE” BASIS, AND THE CHILDREN’S CLOTHING CAROUSEL HEREBY DISCLAIMS ALL
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold The Children’s Clothing Carousel Parties harmless from and against any
and
all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including
attorneys’ fees) arising from or in any way related to any claims, suit, action, or demand (“Claims”)
relating to (i) your access to and use of the Services (including any actions taken by a third party
using
your account) and any Products rented from us (including any failure to return such Products), (ii) your
User Submissions, (iii) your violation of these Terms, or any applicable law, rules, or regulation, (iv)
your infringement, misappropriation, or other violation of any third-party right, including any
intellectual
property right or publicity, confidentiality, other property, or privacy right, and (v) any dispute or
issue
between you and any third party, including any Courier, Product merchant, or other third party. In the
event
of such Claim, we will attempt to provide notice of the Claim to the contact information we have for
your
account (if failure to deliver such notice shall not eliminate or reduce your indemnification
obligations
hereunder).
Choice of Law
These Terms are governed by and will be construed under the laws of Australia, without regard to the
conflicts of law’s provisions thereof.
Waiver; Severability
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver
of
any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid,
that
provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall
otherwise remain in full force and effect and enforceable.
Delays
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may
become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree
that
The Children’s Clothing Carousel is not, and will not be, liable for any such delays, omissions,
inaccuracies, or unavailability.
Information or Complaints
If you have any questions or complaints regarding the Services or about these Terms, you may contact us
at
mailto:info@childrensclothingcarousel.com. For any questions related to Services or Products, please
contact
us at mailto:info@childrensclothingcarousel.com. Please note that email communications will not
necessarily
be secure; accordingly, you should not include credit card information or other sensitive information in
your email correspondence with us.
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