Carley Brady Pty Ltd (Carley Brady) is an Australian based company, offering a range of illustration and graphic design artworks through the Carley Brady website.
The following terms and conditions and other information provided by Carley Brady governs your relationship with Carley Brady. By visiting this site, placing an order or creating an account you accept and agree to these terms and conditions. These terms and conditions may be changed in the future without notice to you, so please continue to review these Terms and Conditions as often as you believe necessary.
When you create an account with Carley Brady you represent and warrant to us that:
• The information you provide to us is true, complete and correct, and that you will maintain and update that information as circumstances require
• That you are at least 18 years old or older
• You are using your actual identity
You understand that you are responsible for maintaining the confidentiality of your account and password. You will notify Carley Brady immediately if you believe your password has been compromised by others.
If you provide any information to Carley Brady (including in the form of customer feedback), you are responsible for such information and are responsible for the consequences of any information you provide. Such information shall not:
• Be false, misleading or fraudulent
• Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
• Violate any law, statute, ordinance or regulation
• Be defamatory, libellous, unlawfully threatening or unlawfully harassing
• Be obscene or contain a sexually explicit image
• Contain any Spam or any viruses, worms, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any software, hardware, system, data or personal information
• Create liability for us or cause us to lose the services of any of our service providers or other suppliers
• Or link directly or indirectly to or include descriptions of goods or services that are prohibited hereunder or that you do not have a right to link to or include.
You understand that Carley Brady reserves the right in its sole discretion to edit, restrict or remove any information you provide for any reason at any time.
Carley Brady does not guarantee the accuracy or quality of such information or of the Content (as defined below), nor shall Carley Brady be in any way liable for such information or content.
Copyrights and other Intellectual Property Rights
All content included on this Site and the products provided or sold by Carley Brady including the text, graphics, logos, icons, images, audio and video clips and software is the property of Carley Brady and/or its content suppliers, and is subject to the copyright or other intellectual property rights of Carley Brady and to the terms of licenses held by Carley Brady.
This Content is protected by Australian and international copyright and other laws and does not constitute material in the public domain. The manner in which the Content is collected, arranged and assembled (compiled) on this Site is the exclusive property of Carley Brady and is protected by Australian and international copyright and other laws. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the Content is strictly prohibited.
By submitting any information or other material to us, you automatically grant Carley Brady a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium now known or later developed. Carley Brady does not grant any right to you in any of the Content.
Carley Brady values the intellectual property rights owned by it and others. We therefore reserve the right, in our sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by Carley Brady or others.
We may immediately terminate your use of, or access to, the Site if we believe that you have violated these Terms and Conditions, any relevant law, rule or regulation or you have infringed or appear to have infringed the intellectual property rights of Carley Brady or others.
If you believe that any material contained in the Site infringes your intellectual property, please notify us of the alleged copyright infringement claim in the following manner:
Send us a written description, which includes the following information:
• Physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work
• Identification of the allegedly infringed work and of the material that is claimed to be infringing
• Contact information of the notifying party
• A statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law.
• Your written description should be sent to: Carley Brady, PO Box 123, Budgewoi, NSW, Australia, 2262
Use of Site
Carley Brady grants you a limited license to access and make personal use of the Site, but not to download or modify it. You may not frame any portion of the Site or utilize any type of meta tag or other type of hidden text in connection with the Site without our express permission.
The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Carley Brady.
Prohibited commercial use includes collection or use of product listings or prices, derivative use of Content, or any use of any type of data mining tools. We reserve the right to refuse service, terminate relationships, and/or cancel orders in our sole discretion, including, without limitation, if we believe that a user‘s conduct violates applicable law or is harmful to the interests of Carley Brady.
If we terminate your account, you shall remain liable for any orders placed through such account prior to such termination. We may suspend or discontinue any aspect of the Site at any time without prior notice.
Although we make every effort to insure that products are in stock when so indicated and that information and prices concerning products and services listed on the Site are accurate, THE PRICES AND AVAILABILITY OF SUCH PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
If a product has been listed at an incorrect price, we reserve the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of a confirmation of an order from us does not signify our acceptance of that order, and we may cancel or adjust such order depending on the circumstances of stock and supply. Certain products listed for sale may not be available to users located in certain areas, and Carley Brady may refuse your order for this or any other reason.
In addition, there may be times when a product is no longer available even though your order has been confirmed. Carley Brady will notify you if this situation occurs and will offer you the choice of an exchange for another product or a refund. If you accept an exchange, any price differences between the original item and the exchanged item will be charged or credited to the credit card used in the original transaction. If you choose a refund, the price of the original transaction will be re credited to your credit card used in the first instance.
Accuracy of content
Carley Brady has taken all care and effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor‘s display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Carley Brady disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Carley Brady shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
Security of your credit card details is very important to us. Please ensure you have read and understood our Security Policy prior to placing an order.
Please ensure you have read and understood our Delivery Policy prior to placing an order.
Returns Policy (100% Carley Brady)
Please ensure you have read and understood our Returns Policy prior to placing an order.
Disclaimers / Limitations of Liability
You understand and agree that your use of this site is at your sole risk. This site is provided on an as is and as available basis. Carley Brady makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site, or that this site is free of viruses or other harmful issues.
Carley Brady, its’ officers, employees and representatives will not be liable for any damages of any kind arising from the use of this site, its content or products including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such case you agree that our maximum liability to you shall be limited to the amount we received from you with respect to the transaction that gave rise to the claim.
You agree that your sole remedy for any problem you may have with respect to this site or its’ content is to discontinue your use of the site.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand or expense, (including legal fees), made by any third party due to or arising out of your breach of these Terms and Conditions, your use of the Site, its Content, any products you may have purchased, or the materials the Site incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of any third party.
Carley Brady shall not be liable for any loss or damage suffered by you, including consequential loss or damage, economic loss, loss of profits, revenue, goodwill, bargain, anticipate savings or date suffered by you whether caused by Carley Brady’s breach of contract, negligence, breach of statute or wilful default, save as provided below, howsoever caused.
If any condition or warranty is implied under the Trade Practices Act 1974 or any equivalent state or territory legislation, and cannot be excluded, Carley Brady’s liability for breach of the condition or warranty will be limited to the conditions as set out in the Returns Policy.
In any event, Carley Brady’s aggregate liability under or relating to this agreement, whether in contract, tort, equity or pursuant to statute is limited to an amount equal to (including refunds and the value of replacement goods or services given to you) the amount paid by you to Carley Brady for the applicable goods or services the subject of this claim.
Carley Brady shall not be liable for any loss or damage suffered by you as a consequence of:
• The frustration of this agreement by matters beyond the control of Carley Brady;
• Any delay by Carley Brady in completing the works;
• The exercise by Carley Brady of any of its rights pursuant to these terms and conditions.
You shall not be entitled to recover any compensation or damages for loss or damage suffered, save as provided pursuant to the terms of this clause, even if such loss or damage was foreseen, foreseeable or advised to Carley Brady by you.
Any controversy or claim arising out of or relating to these Terms and Conditions, or our products shall be settled by binding arbitration in accordance with the laws of the State of New South Wales, Australia and the customer submits to the non-exclusive jurisdiction of such courts. The arbitration shall be conducted in Sydney, New South Wales, Australia and you consent to the personal jurisdiction of said arbitration panel. Any judgment on the arbitration award may be entered into any court having jurisdiction thereof.
In the event of a dispute arising between thred and you, either party may request in writing that the dispute be referred to arbitration in accordance with the Commercial Arbitration Act 1990.
An arbitrator is to be appointed by agreement, or in default of agreement in accordance with the provisions of the Commercial Arbitration Act.
The arbitrator shall decide who should pay the costs of the arbitration, including the arbitrator‘s costs.
You shall be responsible for payment of any applicable Taxes in relation to the supply of goods and services under this agreement. Carley Brady shall supply to you a tax invoice in accordance with the Act unless specifically requested not to do so.
The following terms shall bear the following meanings:
• Act means a New Tax System (Goods and Services Tax) Act 1999 and a New Tax System (Goods and Services Tax) Transition Act 1999 and any related or replacement tax laws.
• GST means any tax imposed by or through the Act on supply (without regard to any input tax credit).
• Supply means a taxable supply under the Act.
Taxes means all taxes, charges, duties and similar imposed by a government or statutory body relating to the supply and use of goods and services or otherwise arising out of this agreement including without limitation sales tax, GST, fringe benefits tax, undistributed profits tax, withholding tax, financial institutions duty, stamp duty and any interest or penalty imposed in connection with any of the preceding items but does not include any tax payable on thred’s income or capital gains.
All notices in connection with these Terms and Conditions should be sent in writing to Carley Brady at Carley Brady, PO Box 123, Budgeoi, NSW 2262, Australia
These Terms and Conditions and any other policies or guidelines on the Site are incorporated herein by reference constitute the sole agreement between us with respect to the subject matter hereof. This Site is created and controlled by Carley Brady in Budgwoi, Australia. The laws of Australia will govern these Terms and Conditions, without giving effect to its conflicts of laws principles. If any provision hereof is held to be invalid or unenforceable, the other provisions hereof shall be enforced. Headings are for reference purposes only and in no way define or limit the scope of a section. Any failure by Carley Brady to act with respect to a breach by you will not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions shall be binding on and inure to the benefit of each of our respective successors and permitted assigns. We may make changes to these Terms and Conditions, our Site and/or any of the information contained therein at any time.