Personal Use of the Cheer Chick Charlie Site
Your use of the www.cheerchickcharlie.com website and all information, products and services on the website are subject to the binding legal terms set forth below and all applicable laws (the “Terms”). The Site is owned and operated by Cheer Chick Charlie, a product line of Achieve Beyond. You should be aware that these Terms may be amended from time to time without notice. If you do not agree to any of these Terms, you must exit the Site immediately. You may browse this website for personal entertainment and information. However, please do not distribute, modify, transmit or revise the contents of this website without the prior written consent of Achieve Beyond. Any unauthorised copying, mirroring, storage or other unauthorised use is absolutely prohibited and will be prosecuted. “You” refers to all individuals and or entities accessing this website for any reason.
In each document copied, mirrored, downloaded and printed from this website it must contain the following copyright notice and permission notice: “Copyright © 2012 Achieve Beyond. All rights reserved. Protected by the copyright laws of the Commonwealth of Australia and international treaties.”
Copyright, trademark and other proprietary notices contained on the Site must not be removed.
No Commercial Use of the Cheer Chick Charlie Site
You may not reproduce, copy, charge any fee for the use of or redistribute for commercial purposes any of the materials or design elements on the website directly relating to Cheer Chick Charlie or Achieve Beyond. Commercial use of any of the material relating to Cheer Chick Charlie or Achieve Beyond is strictly prohibited unless with the express written consent of Achieve Beyond.
To the fullest extent permitted by law, Achieve Beyond disclaims all warranties, representations and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability, durability and fitness for a particular purpose, quality, satisfactory quality, title and non-infringement of proprietary rights) including but not limited to the accuracy or completeness of this website content or of the content of any website or websites “hot-linked” to this website and other content (including third party information, products and content) included in or accessible from the website.
If an item is received damaged or faulty please notify Cheer Chick Charlie within 7 days of receipt of order.
We will refund or replace any faulty products and pay for the return postage on receipt of the goods.
If you are unhappy with your purchase or want to exchange an item please contact us within 7 days of receipt of goods, you will be required to pay postage and we should receive the goods back in the original condition, undamaged, unused, unworn and unwashed.
Postage terms and conditions
We endeavour to dispatch all orders within 48 hours.
Your credit card charges and PayPal will be referenced as Achieve Beyond which is the Cheer Chick Charlie parent organisation.
Limitation of Liability
To the fullest extent permitted by law, in no event will Cheer Chick Charlie/Achieve Beyond or its related body corporates or affiliates be liable to you (or any third party making claims through you) for any loss or damage whatsoever, including but not limited to any direct, incidental, consequential, indirect, special or punitive damages or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services, unauthorised access to and tampering with your personal information or transmissions arising out of or related to access to or use, inability to use, unauthorised use, performance or non-performance of any content of the website or the content of any website or websites “hot-linked” to the website or any computer-related damages due to downloading materials, typographical errors and/or omissions.
Achieve Beyond does not warrant that this website will operate error-free or that this website and its server are free of computer viruses or other harmful mechanisms. If your use of the website results in the need for servicing or replacing equipment or data, Achieve Beyond is not responsible for those costs. The aggregate liability of Achieve Beyond for all claims arising from use of this website either jointly or severally is limited to AUD$10.
The limitations of liability and disclaimers herein shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches of contract or the failure of the essential purpose of this agreement or of an exclusive remedy.
Indemnity and Release
In accessing this website, you release Cheer Chick Charlie, Achieve Beyond and its related bodies corporate, respective directors, officers, employees, shareholders, agents and consultants (those “Indemnified”) from any claim relating in any way to your use of this website and you indemnify those Indemnified from and against all actions, proceedings, claims and demands against any of those Indemnified by a party claiming loss or damage as a result of your acting other than in accordance with these Terms.
Information Submitted to Cheer Chick Charlie
Any communication or material you post or transmit on the website to Cheer Chick Charlie over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to this website you agree that Achieve Beyond, Cheer Chick Charlie or any of its related bodies corporate may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast, promotional purposes and posting. Furthermore, do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law.
From time to time, Cheer Chick Charlie may offer and may allow others to offer products and services to you. If you wish to discontinue receiving such offers, please contact Cheer Chick Charlie.
Licensed Logo Use Only
All Cheer Chick Charlie names, logos and marks appearing in this website, except as otherwise noted, are trademarks owned or used under license by Cheer Chick Charlie or its related bodies corporate in the territories where Cheer Chick Charlie markets products bearing such trademarks. The use or misuse of these trademarks or any other content on this website except as provided in these Terms or in the website content is strictly prohibited.
If you participate in any interactive facility you represent and warrant that any information provided by you is not owned by or confidential to, any third party; represent and warrant that your provision of such information will not expose Cheer Chick Charlie to any liability, whether civil or criminal; grant to Cheer Chick Charlie a perpetual licence to use and disclose any such information provided by you to any person or entity for any purpose; waive any rights you have in relation to any information submitted through an interactive facility in favour of Cheer Chick Charlie release and indemnify Cheer Chick Charlie from any claim in any way related to the information provided by you.
This agreement shall be governed by and construed in accordance with the laws of the Australian Capital Territory, Australia without regard to conflict of laws principle and you irrevocably and unconditionally submit to the jurisdiction of the Courts in that State. If any provisions of this agreement are found to be invalid or unenforceable by a Court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. No waiver of any breach of a term of this agreement by Achieve Beyond/Cheer Chick Charlie will constitute a waiver of the rights of Cheer Chick Charlie arising from that or any other breach. This agreement supersedes and replaces any prior agreement.
All rights not expressly granted herein are reserved. Last Updated 15/05/2012.
Personally Identifiable Information
Cheer Chick Charlie will not collect any personally identifiable information about you (that is, your name, address, telephone number or e-mail address) unless you provide it to us voluntarily.
If you do not want your personally identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the website, listed at the bottom of this Policy. We will use reasonable efforts to delete your information from our existing files.
When you do provide us with personally identifiable information, we may use that information in the following ways, unless stated otherwise: we may store and process that information to better understand your needs and how we can improve our products and services; we may use that information to contact you; to protect our rights or property and we may provide that information to third parties.
Non-Personally Identifiable Information Collected Automatically
In some cases, we may collect information about you that is not personally identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, other web sites visited, and the domain name and/or I.P addresses of the website from which you linked to our Site or advertisement and other non-personal information.
PLEASE NOTE: Under certain circumstances, I.P. addresses and/or domain names may be linked to personally identifiable information, when this information is stored in databases managed by internet registrars or registries.
Information We May Place Automatically On Your Computer’s Hard Drive
When you view our website or advertisements, we may store some information on your computer. This information will be in the form of a “Cookie” or similar file and will help us in many ways. For example, Cookies allow us to tailor the website or advertisement to better match your interests and preferences. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions.
The privacy principles of this policy are based on respect for international standards of privacy protection, such as the Information Privacy Principles set out in section 14 of the Commonwealth Privacy Act, 1998, and section 6 of the New Zealand Privacy Act 1993 and the Australian Privacy Charter.
Security of Information
Only certain employees have access to the information you provide us. For example, we impose strict rules on our employees who have access either to the databases that store user information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration to data will not occur we try to prevent such unfortunate occurrences.
Contact can be made via firstname.lastname@example.org or to Cheer Chick Charlie, PO Box 903, Mitchell ACT 2911, Australia.