Terms and Conditions
1) About the Website
a) Welcome to https://www.connorcarbonara.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
b) The Website is operated by Connor Carbonara, with Squarespace as the hosting provider (the ‘Provider’). Access to and use of the Website, or any of its associated Products or services, is provided by Connor Carbonara. Please read these terms and conditions (the 'Terms') carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
c) Connor Carbonara reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Connor Carbonara updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2) Acceptance of the Terms
a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Connor Carbonara in the user interface.
3) Accessing the Purchase Services
a) To access the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
i. Email address
ii. Preferred username
iii. Mailing or billing address
iv. Telephone number
v. Credit card information
b) You warrant that any information you give to Connor Carbonara will always be accurate, correct, and up-to-date.
c) Once you have provided your personal information, you agree to be bound by the Terms. You will be granted immediate access to the Purchase Services.
d) You may not use the Purchase Services and may not accept the Terms if:
i. you are not of legal age to form a binding contract with Connor Carbonara; or
ii. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4) Your obligations
a) You agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
i. the Terms;
ii. any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions,
iii. you will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of users by electronic or other means to send unsolicited emails or unauthorized framing of or link to the website;
iv. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in the termination of the Purchase Services. Appropriate legal action will be taken by Connor Carbonara for any illegal or unauthorized use of the Website, and
v. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5) Purchase of Products and Returns Policy
a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price).
b) Payment of the Purchase Price may be made through PayPal or Stripe (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.
c) Following payment of the Purchase Price being confirmed by Connor Carbonara, you will be issued with a receipt to confirm that the payment has been received and Connor Carbonara may record your purchase details for future use.
d) All purchases of digital downloads made on connorcarbonara.com are non-refundable or exchangeable due to change of mind. Due to the instant download nature of the products (digital downloads), we cannot accept any refund requests due to change of mind. However, in the case where a purchase error is made or you have a concern or issue relating to your product, please contact us via jessconnorcontact@gmail.com to discuss a resolution.
e) Connor Carbonara may, at their sole discretion, provide a refund or replacement within 30 days of purchase on a case-by-case basis.
6) Warranty
a) Connor Carbonara’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
b) You may claim under this clause (the 'Warranty Claim') for defects in the Products within 30 days from the date of purchase (the 'Warranty Period').
c) To make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Connor Carbonara showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice by email to jessconnorcontact@gmail.com.
d) Where the Warranty Claim is accepted then Connor Carbonara will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you.
e) The Warranty shall be the sole and exclusive warranty granted by Connor Carbonara and shall be the sole and exclusive remedy available to you in addition to other rights and under a law concerning the Products to which this warranty relates.
f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products which have been subjected to misuse, or which has been altered or modified in design.
7) Copyright and Intellectual Property
a) The Website, the Purchase Services, and all the related products of Connor Carbonara are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, and software) (the 'Content') are owned or controlled for these purposes and are reserved by Connor Carbonara or its contributors.
b) Connor Carbonara retains all rights, titles, and interest in and to the Website and all related content. Nothing you do on or concerning the Website will transfer to you:
i. the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Connor Carbonara, or
ii. the right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
iii. a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).
c) You may not, without the prior written permission of Connor Carbonara and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8) Privacy
a) Connor Carbonara takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services is subject to Connor Carbonara’s Privacy Policy, which is available on the Website.
b) We may use Google AdSense to run ads on our website. Google uses cookies to serve ads based on your prior visits to our website. Google's use of the advertising cookie enables it and its partners to serve ads to you based on your visit to our sites and/or other sites on the internet. You may opt out of the use of the advertising cookie for interest-based advertising by visiting your Ad Settings. (Alternatively, you can opt out of a third-party vendor's use of cookies for interest-based advertising by visiting aboutads.info).
9) General Disclaimer
a) You acknowledge that Connor Carbonara does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than those provided for according to these Terms.
b) Connor Carbonara will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colors, and appearance may differ from what is displayed on the Website as every monitor, printer or electronic device is different.
c) Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
d) Subject to this clause, and the extent permitted by law:
i. all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
ii. Connor Carbonara will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, according to a statute or otherwise.
e) Use of the Website, the Purchase Services, and any of the Products of Connor Carbonara, is at your own risk. Everything on the Website, the Purchase Services, and the Products of Connor Carbonara, are provided to you on an "as is" and "as available" basis. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors of Connor Carbonara make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Connor Carbonara) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer because of any of the following:
i. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
ii. the accuracy, suitability, or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third-party material and advertisements on the Website);
iii. costs incurred as a result of your using the Website, the Purchase Services, or any of the Products;
iv. the Content or operation concerning links that are provided for the User's convenience;
v. any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
vi. any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
f) Professional Advice Disclaimer: Our information and products are for general informational purposes only. Nothing on this site is intended to be financial, legal, expert-level, or medical. Please consult with a licensed professional in their field of expertise in your jurisdiction.
g) Connor Carbonara may post affiliate links to various products on the Website. Connor Carbonara makes a small commission on any products you purchase through these links at no extra cost to you.
10) Limitation of Liability
a) Connor Carbonara’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Connor Carbonara is limited to the resupply of information or Purchase Services to you.
b) You expressly understand and agree that Connor Carbonara, its affiliates, employees, agents, contributors, third-party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
c) Connor Carbonara is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Connor Carbonara, by third parties or by any of the Purchase Services offered by Connor Carbonara.
11) Termination of Contract
a) The Terms will continue to apply until terminated by either you or by Connor Carbonara as set out below.
b) If you want to terminate the Terms, you may simply discontinue using the website and the Products.
c) Connor Carbonara may at any time, terminate the Terms with you if:
i. you have breached any provision of the Terms or intend to breach any provision;
ii. Connor Carbonara is required to do so by law;
iii. the partner with whom Connor Carbonara offered the Purchase Services to you has terminated its relationship with Connor Carbonara or ceased to offer the Purchase Services to you;
iv. Connor Carbonara is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
v. the provision of the Purchase Services to you by Connor Carbonara is, in the opinion of Connor Carbonara, no longer commercially viable.
d) Subject to local applicable laws, Connor Carbonara reserves the right to discontinue or cancel your access to the Website or the Purchase Services at any time and may suspend or deny, at its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Connor Carbonara’s name or reputation or violates the rights of those of another party.
e) When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Connor Carbonara have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Indemnity
a) You agree to indemnify Connor Carbonara, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against
i. all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damages (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any Content you post or consume through the Website;
ii. any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
iii. any breach of the Terms.
13) Dispute Resolution
a) If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings concerning the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
b) A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
c) On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
i. Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
ii. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of a South Australian Mediation Body or his or her nominee;
iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertaking to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their costs associated with the mediation;
iv. The mediation will be held in Adelaide, Australia.
d) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for applicable laws of evidence.
e) If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14) Venue and Jurisdiction
a) In the event of any dispute arising out of or concerning the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
15) Governing Law
a) The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties here to and their successors and assigns.
16) Severance
a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Effective as at 9 May 2024 at 2:03pm ACST
Updated 9 May 2024 at 2:03pm ACST