Terms and Conditions
Of by Sarah Claire
Last updated: July 18th, 2019
1.1 In these Terms: “Company” means by Sarah Claire.
1.2 “User” and/or “Sharer” means the User of the website and sharer of content from the Company.
1.3 “Content” and/or “Services” means all content and services uploaded, shared, provided, written, created by the Company for use by the User and/or Sharer.
1.4 “Supplier” and/or “Collaborator” refer to a Company, vendor or business outsourced and not in direct business or association with the Company.
1.5 “Terms ” means these Terms and Conditions of the Company.
2. APPLICATION.
2.1 These Terms apply to all use/engagement agreements for the Content and/or Services by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The User and/or Sharer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Content and/or Services or the sale of the Content or the sale of Services other than as contained in these Terms.
3. CONTENT PRIVACY.
3.1 All intellectual content provided within all Content and/or Services given, sold or delivered by the Company to the User and/or Sharer remain, at all times, the property of the Company. Secure access to the content will be made, at the Companies discretion and in-line with other Terms and Conditions of Content and/or Services within this agreement, to the User and/or Sharer.
3.2 Breach of the intellectual content privacy clause, Cl3.1 above, in anyway will result in access of the Companies Content and/or Service being revoked immediately from the User and/or Sharer. In such circumstances, the Company will be entitled to keep all monies paid by the User and/or Sharer for the Content and/or Services being revoked without dispute.
4. RIGHTS OF BY SARAH CLAIRE CONTENT AND BY SARAH CLAIRE SERVICES.
4.1 All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on by Sarah Claire Online Services and by Sarah Claire Content belong to by Sarah Claire and/or third parties (which may include you or other Users.) by Sarah Claire reserves all of its rights in by Sarah Claire Content and by Sarah Claire Services. Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by by Sarah Claire or any other third party except as expressly provided in the Terms.
4.2 Breach of the rights of Content and/or Services clause, Cl4.1 above, in anyway will result in access of the Companies Content and/or Services being revoked immediately from the User and/or Sharer. In such circumstances, the Company will be entitled to report unethical behaviour including failure to credit source, plagiarism, etc. to third party providers and platforms. The Company has the right to terminate User privileges including access from the User and/or Sharer without dispute.
5. CONTENT AND/OR SERVICES.
5.1 The User and/or Sharer is obligated to be precise and accurate in sharing Content and/or Services from, owned and created by the Company. the User and/or Sharer is required to credit the Company using @bySarahClaire, #bySarahClaire and linking or 'tagging' the Company on social media platforms on Content and/or Services used by the User and/or Sharer.
5.2 The Company has the right to dispute the use, terminate use, remove content, etc. of Company Content and/or Services on any third party platform if the User and/or Sharer fails to comply with the Company Terms and Conditions.
5.3 User's and/or Sharer's of the Company Contents and/or Services on any social media or via any third party are deemed compliant with the Terms and Conditions of the Company.
5.4 Under no circumstance during the entire User and/or Sharer Company interaction will the Company provide any Content and/or Services deemed by society, law or personal to be unlawful, unsafe, or unethical. The Company will have the right to terminate the use/engagement at any time.
6. TITLE.
6.1 Legal and beneficial ownership of the Content and/or Services will not be available to the User and/or Sharer.
6.2 on availability of Content and/or Services to the User and/or Sharer, the Company remains in complete ownership of Content. The User and/or Sharer have no legal right of ownership to or of Content.
7. USER PRIVACY RIGHTS.
7.1 the User and/or Sharer has transparent and direct access to the Company privacy policy.
7.2 Personal information provided by the User and/or Sharer is stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
7.3 by clicking the submit button the User and/or Sharer accepts to receive emails from the Company.
7.4 information sent to the Company, including but not limited to; information sent on Company social platforms, information sent on Company website, information sent to bySarahClaire@gmail.com that includes name, email and message is stored by gmail.com, wix.com and any other third party social platform.
7.5 the User and/or Sharer have the right to withdraw consent of personal information at anytime.
7.6 the Company has the right to withhold User and/or Sharer personal information if the User and/or Sharer has breached the Company Terms of use of Content and/or Services.
7.7 The Company is not liable for third party personal data storage.
8. COOKIE POLICIES.
8.1 when User and/or Sharer visits and uses the Company site, the User and/or Sharer should on most occasions be greeted with a cookie policy popup. If the popup is not presented for any reason, there is direct access to view our cookie policy in the footer on every site page.
8.2 if the User and/or Sharer chooses to continue using the Company site the User and/or Sharer is required to accept the use of cookies and tracers.
8.4 the User and/or Sharer can find out more about how to control and delete cookies from devices. The Company provides a direct link; learn more
8.5 The Company uses
GOOGLE ANALYTICS
The Company uses Google Analytics that tracks and reports traffic via embedded mode.
WIX
Wix.com is the platform service used for www.bySarahClaire.com. Please refer to wix.com privacy policy for more information.
8.6 the Company provides opt-out information for Users and/or Sharers of any Google Analysing and any other site uses by visiting Google Analytics Opt-put Browser Add-on.
For more information about wix.com cookies please refer to wix.com privacy policy for more information.
8.7 The Company will not be liable for cookies in place or used by the third party providers, suppliers and/or platforms.
9. USER'S AND/OR SHARER'S RIGHT TO WITHDRAW CONSENT OF INFORMATION WITHHELD.
9.1 if the User and/or Sharer no longer want us to process personal data anymore, please contact the Company at bySarahClaire@gmail.com
OR
Users can opt out of any Google Analysing and any other site uses by visiting Google Analytics Opt-put Browser Add-on.
9.2 the Company has the right to withhold User and/or Sharer personal information if the User and/or Sharer has breached the Company of use of Content and/or Services.
10. RISKS AND INSURANCE.
10.1 The Content and/or Services are entirely at the risk of the User and/or Sharer from the moment of use and/or share by the User and/or Sharer’s involvement, even though rights of the Content and/or Services will not pass to the User and/or Sharer at any time.
10.2 The User and/or Sharer must, at its own expense, maintain the Content and/or Services and insure them for the benefit of the Company against any risks to the User and/or Sharer.
10.3 the Company is not responsible for any or all monies passed between the User and/or Sharer and Supplier and/or Collaborator.
11. LIMITED LIABILITY.
11.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974 Australia.
11.2 The Company may provide direction to a Supplier and/or Collaborator however the Company is not liable in any way with User and/or Sharer and Supplier an/or Collaborator relations, monies, contracts, agreements, etc. The User and/or Sharer are aware that the Company only provides information as requested and any business conducted with the Supplier and/or Collaborator is not liable to the Company in any way.
11.3 The Company is not subject to, and the User and/or Sharer release the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Content and/or Service. The User and/or Sharer acknowledges that the Company is not:
(a) Responsible if the Content and/or Services do not comply with any applicable safety standard or similar regulation; and
(b) Liable for any claim, damage or demand resulting from such non-compliance.
11.4 If any statutory provisions under the Trade Practices Act 1974 Australia or any other statute apply to the contract/engagement agreement between the Company and the User and/or Sharer (contract/engagement agreement) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option.
12. MISCONDUCT.
12.1 Any action deemed unsuitable towards the Company will result as breach of conduct.
(a) Failure to read and conform to the Company terms and conditions.
(b) Refusal to follow Company protocol of any kind.
13. RIGHT TO ENTER PREMISES.
13.1 In addition to any of the circumstances referred to in clause 14, the User and/or Sharer:
(a) Authorizes the Company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Contents and/or Services are located in order to collect the Content and/or Services, without being guilty of any manner of trespass; and
(b) Assigns to the Company all the User’s and/or Sharer’s rights to enter onto and remain in and on such premises until all the Contents and/or Services have been collected.
14. FORCE MAJEURE.
14.1 The Company will not be liable for any breach due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident).
15. WAIVER OF BREACH.
15.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the User and/or Sharer.
16. NO ASSIGNMENT.
16.1 Neither the Content and/or Services, nor any rights of the content and/or Services of the Company may be assigned by the User and/or Sharer without the prior written consent of the Company, which is at the Company’s absolute discretion.
17. SEVERABILITY.
17.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
18. GOVERNING LAW.
18.1 The Terms outlined above and the Content and/or Services are to be governed by the law of Australia and the parties submit to the courts of Australia in respect of any dispute arising.
