Terms of Use
agreement between
User
and
Little Sparkles

This Agreement describes the terms and conditions that govern your use of our services at http://www.littlesparkles.com.au/. The Little Sparkles website (referred to herein as "Little Sparkles" or "The Web Site") is comprised of various Web pages operated by Little Sparkles Pty Ltd. (ACN 133 535 074) (referred to herein as "The Company"). The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions contained herein and the Little Sparkles Policies (referred to herein as "The Policies"). The Policies of particular importance include, but not limited to: i) Privacy; ii) Shipping Options; iii) Returns and Exchange; iv) Payment Options; v) Business Hours. All of The Policies may be accessed at
http://www.littlesparkles.com.au/CustomerCare/tabid/61/Default.aspx. Your use of The Web Site constitutes your agreement to all such terms, conditions, and procedures.

In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

Modification Of These Terms Of Use

The Company reserves the right to change or add to This Agreement, with or without prior notice to you. Such modifications include but not limited to the charges associated with the use of The Web Site and the changes associated with The Policies.

Your Account

You agree to be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Whilst The Company and The Web Site sells products for children, it sells them to persons aged 18 and above. If you are under 18, you may use The Web Site only with the involvement of a parent or guardian. Little Sparkles reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Use of Communication Services

The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, The Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at The Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized spokespersons of The Company, and their views do not necessarily reflect those of The Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided or Posted to The Web Site

The Company does not claim ownership of the materials you provide to The Web Site (including feedback and suggestions) or post, upload, input or submit to the web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Company, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the company’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Ordering Goods

The Web Site requires that you submit an order for the purchase of goods sold on The Web Site by methods including, but not limited to: Using the Order service on The Web Site. You are responsible for the accuracy of information contained within placed orders for goods on The Web Site, including, but not limited to: Shipping and Billing address information. The status of an Order is defined as one of the following status kinds:

Received – The order has been received by the company and is awaiting processing.
On Hold – The order’s processing is on hold, pending stock availability and/or payment clearance.
In Progress – The order is being processed by the company’s staff.
Payment Pending – The order is awaiting payment by you.
Cancelled – The order is cancelled.
Dispatched – The ordered goods have been dispatched by the company for delivery to you.
Impugned –The order is in dispute between you and the company.
Complete – The order has been successfully processed and delivered.

An order will be complete when either of the following occurs: (i) all items were sent and delivered, (ii) the order has been cancelled, or (iii) the monies were never received by Little Sparkles within 7 days of the date of the order and the unprocessed order was cancelled.

Information of Suppliers and Goods

The Web Site attempts to be as accurate as possible. However, The Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Web Site itself is not as described, your sole remedy is to return it in unused condition.

Payment of Goods

The Company provides a number of options for paying for goods purchased on The Web Site, including, but not limited to: online credit card, Electronic Funds Transfer (EFT), credit card by telephone. Payment options are provided in accordance with The Policies.

Privacy

The Web Site’s Privacy Policy applies to all users and forms part of this Agreement as part of The Policies. You must read and accept the Privacy Policy in order to use the web site, and you will continue to be bound by its provisions (including any modifications made to it). The Company may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy.

Shipping

The Company provides a number of options for the shipping for goods purchased on The Web Site, including, but not limited to: Standard Post, Express Post. Shipping options are provided in accordance with The Policies and may be subject to the availability of stock and the clearance of payment. You are responsible for the accuracy of all shipping information including, but not limited to: shipping addresses, shipping instructions. The company will not be held responsible nor offer compensation for the shipment of goods to an inaccurately nominated address. If the package can be returned to the company, it will re-send the parcel to your nominated address at your expense. You will also incur an additional $19.00 AUD handling fee.

Stock Status

Products on The Web Site can be in one of two statuses; i) "In stock" items are in our warehouse and ready to ship subject to the clearance of payment (refer to The Policies) ii) "Out of Stock" items are not in our warehouse but may be available from suppliers within 3-7 days. You may enquire about availability of such products.

Pricing

All prices stated on The Web Site are in Australian dollars (AUD) and are inclusive of Goods and Services Tax (GST) and do not include shipping and other sundry costs. Such costs will be added at the time of checkout. The Company reserves the right to change all prices stated on The Web Site costs with or without prior notice to you.

Returns and Exchange

All goods purchased from The Web Site may be subject to refund of payment or exchange for an alternate good in accordance with The Policies pertaining to Returns and Exchange. The Company reserves the right to apply exceptions to the eligibility of Returns and Exchange on certain goods including, but not limited to: Sale items, Clearance items. The refund of payment of goods does not include the refund of shipping and sundry costs charged to you. You agree to return all goods subject to returns and exchange in satisfactory condition in accordance with the return conditions defined in The Policies. You agree that the return of damaged goods, and goods lost in transit are subject to assessment by The Company on a case-by-case basis. You agree to make contact with The Company and carry out all steps described in The Policies within the specified time limits defined in The Policies. You agree to contact The Company using only the contact methods described in The Policies.

Electronic Communications

When you visit the web site or send e-mails to the company, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Liability

The information, software, products, and services included in or available through The Web Site may include inaccuracies or typographical error. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the web site at anytime. Advice received via the web site should not be relied upon for personal, medical, legal or financial decisions. And you should consult an appropriate professional for specific advice tailored to your situation.

The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without any warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of The Web Site, with the delay or inability to use The Web Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through The Web Site or otherwise arising out of the use of The Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because of some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using The Web Site.

License

The Company grants you a limited license to access and make personal use of The Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Company or the web site without express written consent. You may not use any meta tags or any other "hidden text" utilizing The Company's name or trademarks without the express written consent of The Company. Any unauthorized use terminates the permission or license granted by The Company.

Site Access and Interference

The Web Site uses robot exclusion methods which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion methods, or to interfere or attempt to interfere with the proper working of The Web Site or any transaction being conducted through The Web Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from The Web Site without the prior written permission of The Company.

Business Hours

The Web Site is available or your access 24-hours a day, 7 days a week. All other hours of operation are defined in accordance with The Policies within the Business Hours section. Unless specified therein, business hours is defined as 9am to 5pm AEDT or AEST Monday to Friday, excluding Victorian public holidays.

Contacting Us

You agree to contact us using only the methods described in The Policies within the Contact Us section, unless otherwise specified. Methods of contact include, but are not limited to: by email, by telephone during business hours, by fax, by post using the postal address.

Links to Third Party Sites

The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of The Web Site or The Company and either is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Web Site is not responsible for webcasting or any other form of transmission received from any Linked Site. The Web Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Web Site or The Company of the site or any association with its operators.

Applicable Law

These Terms of Use are governed by and construed in accordance with the State of Victoria, in the Commonwealth of Australia. In the event that a dispute arises in relation to these terms and conditions or any dispute arising in relation to The Web Site whether in contract or tort or otherwise, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Trademarks

The Little Sparkles font and the Little Sparkles logo is a trademark of Little Sparkles Pty. Ltd. The names of actual companies and products mentioned herein and on The Web Site may be the trademarks of their respective owners.

Copyright

All contents within The Web Site are copyright by The Company and/or its suppliers. All rights are reserved.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Little Sparkles Pty. Ltd. with the written information specified below. Please note that this procedure is exclusively for notifying The Company and its affiliates that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

An agent of Little Sparkles Pty. Ltd. for notice of claims of copyright infringement on its site can be reached at copyright@littlesparkles.com.au

Terms of Useagreement betweenUserandLittle Sparkles