TERMS OF USE

INTRODUCTION

We're thrilled to welcome you to Charlie CoCo. This document, our Terms of Use, alongside our Privacy Policy, governs your access to and use of www.CharlieCoCo.com.au, including any content, functionality, and services offered through our website or any associated social media platforms. In these Terms of Use, "Charlie CoCo", "we", "us", and "our" refer to Charlie CoCo, its parent company, and any of our subsidiaries and affiliated companies.

ACCEPTANCE OF THE TERMS OF USE

These Terms of Use apply to all visitors, users, and others who access or use our website ("Users"). By using our website, you are indicating that you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you don't wish to accept these Terms of Use or the Privacy Policy, then you should not access or use our website.

This is a contract between you and Charlie CoCo. The use of our website by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms of Use. If you are under 18, you affirm that you have your parent or guardian's permission to use the website and that they agree to these Terms of Use. If you are a parent or legal guardian of a user under the age of 18, by permitting your child to use the website, you are agreeing to these Terms of Use and are responsible for your child’s activity on the website. Our website is not available to any Users previously removed from our platform.

PRIVACY

We encourage you to take a moment to review our Privacy Policy, which offers a clear understanding of how we collect, use, and share personal information.

CHANGES TO THE TERMS OF USE

We reserve the right to revise and update these Terms of Use at any time at our sole discretion. All changes are effective immediately upon posting.

Your continued use of the website following the posting of revised Terms of Use signifies that you accept and agree to the changes. We recommend that you revisit this page periodically to stay informed about any changes.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

Subject to your adherence to these Terms of Use, you are permitted to access and use our website for personal, non-commercial purposes. We hold all rights not explicitly granted by these Terms of Use in relation to our website and our intellectual property. We have the right to suspend or terminate your access to our website at any time for any or no reason.

We may amend or withdraw the website, and any service or material on the website, at our discretion without notice. We will not be held liable if, for any reason, all or any part of the website is unavailable at any time or for any period. Occasionally, we may restrict access to certain parts of the website, or the entire website, to Users, including registered Users.

You are responsible for:

1. Making all necessary arrangements to gain access to the website.

2. Ensuring that all persons who access the website through your internet connection are aware of these Terms of Use and comply with them.

INTELLECTUAL PROPERTY RIGHTS

Except for your User Content, you understand and accept that our website and all materials therein or transferred thereby, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, message or other material appearing on this website, including User Content belonging to other users (collectively, “Charlie CoCo Content”), and all Intellectual Property rights related thereto, are the exclusive property of Charlie CoCo and its licensors (including other users who post User Content to our website). You are strictly prohibited from using any Charlie CoCo Content without the express written consent of Charlie CoCo or its licensors. Unless otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Charlie CoCo, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this website solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Charlie CoCo's express written permission, 'mirror' any material contained on this website or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this website may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

PROHIBITED USES

You are permitted to use our website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our website:

- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from countries outside of Australia).

- With the intent of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

- To impersonate or attempt to impersonate Charlie CoCo, a Charlie CoCo employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our website, or which, as determined by us, may harm Charlie CoCo or Users of our website, or expose them to liability.

Furthermore, you agree not to:

- Use our website in any way that could disable, overburden, damage, or impair the site or interfere with any other party's use of our website, including their ability to engage in real-time activities through our website.

- Use any robot, spider, or other automatic device, process, or means to access our website for any purpose, including monitoring or copying any of the material on our website.

- Use any manual process to monitor or copy any of the material on our website, or for any other unauthorized purpose, without our prior written consent.

- Use any device, software, or routine that interferes with the proper working of our website.

- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our website, the server on which our website is stored, or any server, computer, or database connected to our website.

- Attack our website via a denial-of-service attack or a distributed denial-of-service attack.

- Otherwise attempt to interfere with the proper working of our website.

- Use our website in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage.

- Use our website for benchmarking or competitive analysis.

- Identify us or display any portion of our website on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights.

- Identify or refer to us or our website in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our website under these Terms, without our express written consent.

USER CONTENT

Our website allows Users to submit, post, display, provide, or otherwise disclose, or offer in connection with your use of our website, content, including content from or via third parties or third-party services or other websites such as Facebook or Instagram that may interact with our website, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags (collectively, “User Content”). User Content may include personal information. WE DO NOT CLAIM OWNERSHIP OVER USER CONTENT. However, by submitting User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content (“IP License”).

You understand and agree that you are obliged to ensure the User Content you submit to our website does not violate any laws or infringe any rights of any third party, including but not limited to any Intellectual Property rights and privacy rights, and you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. You also understand and agree that User Content you submit to our website must not and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in Charlie CoCo’s sole discretion.

If you do not wish to grant Charlie CoCo the permissions set out above on these terms, please refrain from submitting User Content.

MONITORING AND ENFORCEMENT; TERMINATION

We reserve the right to:

- Remove or refuse to post any User Content for any reason or no reason at our sole discretion.

- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of Users of our website or the public, or could create liability for Charlie CoCo.

- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our website.

- Terminate or suspend your access to all or part of our website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our website. You waive and hold harmless Charlie CoCo and its affiliates, licensees, and service providers from any claims resulting from any action taken by Charlie CoCo/any of the foregoing parties during, or taken as a consequence of, investigations by either Charlie CoCo/such parties or law enforcement authorities.

However, we do not undertake to review all material before it is posted on our website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

CONTENT STANDARDS

These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

- Be likely to deceive any person.

- Promote any illegal activity, or advocate, promote, or assist any unlawful act.

- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

INTELLECTUAL PROPERTY/COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Content featured on our website infringes your copyright, or other intellectual property rights, please notify us by providing the following information:

- Your address, telephone number, and email address.

- A description of the copyrighted work that you claim has been infringed.

- A description of where the alleged infringing material is located on our website.

- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agents, or otherwise allowed for by applicable law.

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material.

- A statement by you that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Failure to provide us with notice in accordance with the terms above may render your notice invalid. 

Please send your notice to info@charliecoco.com.au. All other inquiries or complaints should be directed to our customer service.

RELIANCE ON INFORMATION POSTED

The information presented on or through our website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.

Our website may contain links to third-party materials, websites or services that are not owned or controlled by Charlie CoCo and certain functionality of our website may require integration with or your use of third-party services. If you use a third-party service, you are subject to and agree to the third party’s terms of service and privacy policy made available on their services. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from our service or share your user content on or through any third-party website or service, you do so at your own risk, and you understand that this agreement and our privacy policy do not apply to your use of such services or sites. You expressly relieve Charlie CoCo from any and all liability arising from your use of any third-party website, service, or content, including without limitation user content submitted by other users.

CHANGES TO THE WEBSITE

We may update the content on our website from time to time, but its content is not necessarily complete or up to date. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this website is subject to our Privacy Policy. By using our website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

This website may provide certain social media features that enable you to:

- Link from your own or certain third-party websites to certain content on this website.

- Send emails or other communications with certain content, or links to certain content, on this website.

- Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

- Establish a link from any website that is not owned by you.

- Cause our website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

- Link to any part of our website other than the homepage.

- Otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make our content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMER OF WARRANTIES

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the below exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

This website and all contents of the website are provided on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, implied warranties of merchantability, or fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from Charlie CoCo or through our website will create any warranty not expressly stated herein. Without limiting the foregoing, Charlie CoCo, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that our website will meet your requirements; that our website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website. We attempt to ensure that information provided on or in connection with the service is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications and services described or depicted on the service. Such information is also subject to change at any time without notice.

Further, Charlie CoCo does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our website or any hyperlinked website or service, and Charlie CoCo will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

LIMITATION ON LIABILITY

Under no circumstances, to the extent permissible by law, shall Charlie CoCo, its affiliates, licensors, service providers, employees, agents, officers, directors, or related parties be held accountable for any kind of damages or losses, regardless of the legal theory, resulting from your usage or inability to use our website, websites linked to it, or any content on these websites. This includes any direct, indirect, special, incidental, consequential, or punitive damages such as personal injury, emotional distress, loss of profits, business, anticipated savings, goodwill, data, and similar losses, whether they're a result of a contract breach, negligence, or other causes, even if they were foreseeable.

Charlie CoCo and its associates shall not be liable for any claims, proceedings, obligations, damages, losses, or costs exceeding the greater of the amount you paid to Charlie CoCo or $100.00.

The above statement does not affect any liability that cannot be excluded or limited under applicable law.

INDEMNIFICATION

You agree to indemnify and hold harmless Charlie CoCo, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms of Use or your use of our Site. This includes your User Content, any use of the Site's content, services, and products beyond what's authorized in these Terms of Use, and any information obtained from the Site.

ARBITRATION

By using or accessing our Site, you agree to this Arbitration clause. Please read it carefully, as it stipulates that both you and Charlie CoCo will forego any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

All disputes or claims arising from these Terms of Use or any aspect of the relationship between you and Charlie CoCo, regardless of the legal basis, will be resolved through final and binding arbitration before a neutral arbitrator. You agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. The arbitration will be administered by the Australian Centre for International Commercial Arbitration (“ACICA”) in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be the State of Queensland, Australia, and the language of the arbitration shall be English.

GOVERNING LAW

These Terms of Use are governed by and construed under the laws of the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

WAIVER AND SEVERABILITY

No failure by Charlie CoCo to enforce any term or condition set out in these Terms of Use shall be deemed a waiver of such term or condition. If any provision of these Terms of Use is held by a competent court to be invalid, illegal, or unenforceable, such provision shall be limited or removed to the minimum extent necessary so that the remaining provisions remain in full force.

ENTIRE AGREEMENT

The Terms of Use, Privacy Policy, and Terms of Sale constitute the full agreement between you and Charlie CoCo regarding the Site, replacing all previous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

YOUR COMMENTS AND CONCERNS

This website is operated by Charlie CoCo, ABN 33 692 023 317.

All copyright infringement claims should be sent to: info@charliecoco.com.au.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: info@charliecoco.com.au.

 

TERMS OF SALE

ORDERING PROCEDURE

We welcome you to purchase goods or services detailed on our website, Charlie CoCo, at the given price.

To place an order, provide your name, email address, credit card details, and any other necessary information as instructed on our website. By placing an order, you agree to these terms and conditions.

Once we receive your order, we will confirm your purchase electronically within seven (7) days.

All payments should be made as described on the website, and all prices include goods and services tax. Please note that our products or services are only available for purchase by those capable of entering legally binding contracts.

You will take ownership of any orders at the time of shipping to the address you provided, assuming full payment for the order has been received.

ORDER ACCEPTANCE POLICY

Please note that an electronic order confirmation does not guarantee our acceptance of your order. We reserve the right to accept or decline your order for any reason, at any time after receiving your order. We may require additional information or verifications before accepting and processing any order. Charlie CoCo is a retailer for end-user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by Charlie CoCo.

SHIPPING

The delivery times mentioned in our shipping & returns section are estimates only. We will attempt to notify you using the details you provided. Your agreement to our terms and conditions confirms your understanding of the information detailed under our shipping pages, Shipping & Returns.

Generally, delivery of Charlie CoCo products within Australia takes between 2 to 11 working days, depending on your location. We take every effort to ensure your goods are carefully packed to avoid damage during transit. If you're dissatisfied with the condition of your goods upon delivery, please contact us immediately.

INTERNATIONAL CUSTOMS AND OTHER CHARGES

International orders outside Australia may be subject to customs or import duties. We have no control over these charges and cannot predict what they may be. Duties and taxes are not included in the price and are the responsibility of the customer.

PRICING INFORMATION

Despite our best efforts, products or services may occasionally be listed at an incorrect price or with incorrect information due to a typographical error or oversight. In such cases, we reserve the right to cancel the transaction, even if your order has been confirmed and we have received your payment.

CANCELLATION OF ORDERS

We reserve the right to accept or decline cancellations of any orders at our sole discretion. If you wish to cancel an order, please notify us in writing immediately before the goods have been shipped. If the goods have already been shipped, we may refuse the cancellation request or charge a cancellation fee.

SECURITY CHECKS

All orders must pass our Security Payment system before processing. All sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway provider database for confidentiality.

WARRANTY RETURNS, REFUNDS, EXCHANGES

Please note that no refunds will be given for any products purchased on our website if you simply change your mind. Once goods are purchased, they cannot be cancelled unless in accordance with these terms and conditions. No refunds will be provided for cancelled orders once payment has been made.

To the extent permitted by law, any condition, warranty or statutory guarantee which would otherwise be implied or imposed into these terms and conditions is hereby excluded. Where legislation implies or imposes any condition, warranty or guarantee, our liability will be limited to replacing the goods or supplying equivalent goods, or paying the cost of replacing the goods or acquiring equivalent goods.

In cases where a faulty item was received, we can provide a pre-paid shipping label to cover the return costs of the faulty item. Faulty items can be returned outside of the regular returns timeframe if the item is still under warranty.