Terms & Conditions
TERMS AND CONDITIONS / LEGAL DISCLAIMER
I. WHO WE ARE
- 3 Little Crowns (hereafter known as "3 Little Crowns," "we," "us," or “our”) is an online store physically located in Cairns, QLD Australia.
- We are hosted through the ecommerce website called Shopify. We sell baby goods such as clothing, accessories, nursery décor, playmats and other various items with a focus on newborn essentials.
- We provide access to information through our website (hereafter referred to as the “Site”) and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services"). The Site and Services are made available to you, (herein the “User”), subject to the following terms and conditions (the "Terms").
- The URL address for the Site is https://3littlecrowns.com or https://3littlecrowns.com.au
- PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR INFORMATION, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS FULLY, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, (iv) YOU ARE LEAST 18 YEARS OLD, and/or (v) IF YOU ARE UNDER 18 YEARS OLD, YOU HAVE PERMISSION FROM YOUR LEGAL GUARDIAN TO VIEW THE SITE. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE INFORMATION, AND IF YOU SO ANYWAY, YOU DO SO ON YOUR OWN ACCORD AND AT YOUR OWN RISK.
II. ACCESS TO OUR ONLINE INFORMATION
A. General Restrictions on Use
- The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Information to any third-party. You may use the Site and the Information only for personal purposes, such as to use the Site to buy its products, to learn more about 3 Little Crowns, its services, or potential employment with 3 Little Crowns.
- You agree not to solicit 3 Little Crowns or approach 3 Little Crowns about any investments. You further agree not to combine or integrate the Site and the Information with hardware, software or other technology or materials. You may not modify or create any derivative product based on the Site and the Information. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Information is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Information shall be subject to these Terms. You agree not to use the Site and the Information to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) steal or disclose any proprietary and confidential information obtained; or (f) interfere with or disrupt the Information or servers or networks connected to the Information, or disobey any requirements, procedures, policies or regulations of networks connected to the Information. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Information (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
B. Access to Information
- User acknowledges that this site is open to the public. However, any and all information contained herein is subject to the various clauses contained within these Terms.
C. Use of Third-Party Offerings
- You may be able to access websites, content, products or Information provided by third-parties through links that are made available on the Site. We refer to all such websites, content, Information and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and Information on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
D. Ownership and Intellectual Property
- As between you and us, we, as applicable, retain all right, title and interest in and to the Site and the Information, and all related intellectual property rights. 3 Little Crowns reserves all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Information. If you provide 3 Little Crowns any personal information, feedback, or suggestions regarding the Site or Information (“Feedback”), you hereby assign to 3 Little Crowns all rights in the Feedback and agree that 3 Little Crowns shall have the right to use such Feedback and related information in any manner it deems appropriate. 3 Little Crowns will treat any Feedback you provide to 3 Little Crowns as non-confidential and non-proprietary. In addition, 3 Little Crowns shall treat any personal information you provide as confidential and by submitting such information, you agree to allow 3 Little Crowns to use any related information in any manner it deems appropriate. You agree that you will not submit to 3 Little Crowns any information or ideas that you consider to be confidential or proprietary.
- Copyright © 2021 3 Little Crowns. All Rights Reserved. All rights reserved. All trademarks, logos and Information marks (“Marks”) displayed on the Site or Information are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- We respect the intellectual property of others and asks that users of our Site and Information do the same. In connection with our Site and Information, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Information who are repeat infringers of intellectual property rights, including copyrights.
- We know that you care how sensitive information about yourself is used and shared, and we appreciate your trust that we will carefully and sensibly secure your information. All traffic is monitored and recorded to protect private company information. 3 Little Crowns agrees to keep all information submitted by User to 3 Little Crowns private and confidential. In addition, User acknowledges the following:
a. Log Files
Like many web sites, we automatically gather certain information about our Site traffic and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users’ movements around the Site and to gather demographic information about our user base.
We do not link this automatically collected data to personally identifiable information.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security nor will we be held liable for certain problems.
III. USER CONTENT
A. User Content
- “User Content” means any and all information and content that a user submits to, or uses with, the Site or Information (e.g., content about user, billing and financial information). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by 3 Little Crowns. Because you alone are responsible for your User Content (and not 3 Little Crowns), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. 3 Little Crowns is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire..
- You hereby grant, and you represent and warrant that you have the right to grant to 3 Little Crowns an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to use your, and you agree to allow 3 Little Crowns to use any related information in any manner it deems appropriate. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
C. Acceptable Use Policy
- The following sets forth 3 Little Crowns’ “Acceptable Use Policy”: You agree not to use the Site or Information to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, and (vii) you shall not, without prior written approval of 3 Little Crowns, use for your own commercial or financial benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of 3 Little Crowns.
- We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying or terminating your access to 3 Little Crowns website, and/or reporting you to law enforcement authorities. All users must register with admin any violations. Any violations may be enforced to the fullest extent of the law.
- Injunctive Relief. A breach of this Agreement may cause irreparable and continuing damage to Disclosing party for which money damages may be insufficient, and 3 Little Crowns shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including money damages if appropriate).
E. Other Users
- Each Site or Information user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Information users are solely between you and such user. You agree that 3 Little Crowns will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Information user, we are under no obligation to become involved.
IV. LEGAL DISCLAIMER, LIMITATIONS, AND EXCLUSIONS OF LIABILITY
- 3 Little Crowns is an equal opportunity employer. 3 Little Crowns does not discriminate on the basis of race, ethnicity, religion, sex, colour, national origin, gender, sexual orientation, genetic information, age, disability, or marital status in its hiring or employment practices.
- User assumes the risk of using any of the products or items purchased from 3 Little Crowns.
- By purchasing any of the items or products offered by 3 Little Crowns, User agrees NOT TO SUE 3 Little Crowns, or its owner, or any of its agents, employees, associates, or Shopify (all collectively hereafter referred to as the “RELEASEES”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the customers or consumers, should there be any injuries from the use of any of its products or reliance on any website information, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, negligence, or otherwise, to the fullest extent allowed by law.
- By using any of the information offered by 3 Little Crowns, customer or consumer agrees to waive any liability and hold RELEASEES harmless of any claims, torts, acts of negligence, or injuries, whether known or unknown.
- The site, all information, content, materials and information related to the foregoing, and all of the products sold, are provided "as is" and “as available” and to the fullest extent permissible under applicable law; we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, course of dealing, usage, trade practice, title, non-infringement, non-interference, and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the site will be uninterrupted, error-free or virus free. The submission of any user content and the download or upload of any material through the our site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the site or information, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the site or information; and you agree to assume the security risk for any information you provide using the site or information.
- You agree to indemnify, hold harmless and, at our option, defend our business, including our affiliates, officers, directors, employees, agents, and any third-party information providers, from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from any violation of these terms or applicable law or your user content.
V. GENERAL PROVISIONS
- Modifications to Terms. We may change these Terms from time to time. If you object to any such changes, your sole recourse will be to cease using the Site and reading any more of the Information. Continued use of the Site or the Information following posting of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
- Modifications to Information. We reserve the right to modify the Site and/or Information at any time without notice. If you object to any changes to the Site or Information, your sole recourse will be to cease using the Site and Information. Continued use of the Site or Information following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Information as so modified. We also reserve the right to discontinue the Site and/or Information at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site.
- Severability. If any provision (or portion of thereof) of these Terms and Conditions or Legal Disclaimer is declared by an arbitrator, mediator, or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and, as far as possible, the arbitrator, mediator, or court shall limit the scope or application of the affected clause to the least extent possible in order that it may be valid and enforceable.
- Governing Law. I hereby further agree that this Legal Disclaimer shall be construed in accordance with the laws of Australia (jurisdiction) and that any mediation, suit, or other proceeding must be filed only in that jurisdiction.
- Remedies. Both parties agree that any controversy or claim arising out of or relating the Terms and Conditions and Legal Disclaimer, including claims arising out of or related to the Terms and Conditions and Legal Disclaimer, shall be first settled by arbitration. Both parties agree that any arbitrator needs to be mutually agreed upon. Should arbitration fail, both parties agree to have their legal issue be heard before a mediator that both parties need to mutually agree upon. Should mediation fail, both parties agree that they may then have their legal issue resolved by the courts.
- Legal Fees. In the event of any legal or equitable proceeding (arbitration or mediation) arising out of or in connection with the parties’ obligation under these Terms and Conditions and Legal Disclaimer, the prevailing party shall recover its reasonable attorneys’ fees and costs, including reasonable costs for experts. The prevailing party shall be the party who obtained substantially the same remedy requested, whether by judgment, appeal, settlement, or award.
- Contact Information. If you have any questions regarding 3 Little Crowns, you can contact us at: email@example.com