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caraa

Terms and Conditions

Overview

This website is operated by Caraa. Throughout the site, the terms "we," "our," and "us" refer to Caraa. The following Terms of Service and any other rules posted on the Site constitute an agreement between Caraa and you, the visitor, governing your access and use of all content and functionalities available at www.caraasport.com and related micro-sites accessible through www.caraasport.com and related domain names. Please read carefully. By using the Site, you agree to these terms as well as any other terms, guidelines or rules that apply to any portion of the Site, without limitation or qualification. If you do not agree to these terms, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you are under 18 you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care.

Caraa Cares

Caraa handles payment processing and fulfillment for any portion of your purchase for goods or services offered by Caraa Cares, an affiliate of Caraa. These Terms of Service shall also govern your purchase of Caraa Cares goods or services. For any issues related to your purchase of Caraa Cares goods or services, please contact Caraa.

For commitments of matching donations by either Caraa or Caraa Cares, you agree that matching donation obligations may be fulfilled by same or similar products or services, as the case may be, in order to address the changing needs and demands of recipient organizations. In addition, where there is a limited supply of materials for in-kind donations, Caraa and Caraa Cares shall each have the option to convert the in-kind donation into a monetary donation of equal value.

Eligibility To Purchase

The purchase of merchandise through Caraa is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Pennsylvania. In order to make purchases on the Site you will be required to provide your personal details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Caraa feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Once you have placed your order on the Site, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Acceptance of your order will be perfected upon completion of the packing of your order, unless you cancel your order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Payment

We accept all major credit and debit cards. Payment will be debited and cleared from your account upon the time of checkout of your order by Caraa. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Caraa, we will not be liable for any delay or non-delivery.

Preorders

At the time you place an order for a product available on preorder terms you will be required to pay the full amount due as a deposit, inclusive of shipping fees. Taxes and import duties will be charged to the customer by the receiving country.

Pricing Policy

Prices shown on are in US Dollars and are exclusive of taxes. Sales tax will only be charged on orders shipped to Pennsylvania State. No other tax or import duty will be applied to orders shipped to other locations in the USA. Import duties may apply if you are ordering to locations outside the USA.

Discount Codes

We may provide promotional codes offering a discount on our merchandise. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers, and must be used by the date published, if any. We reserve the right at any time without notice to retract and/or change the terms of our promotional codes.

Site Access

We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the ToS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

Accounts, Registration, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. We are not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Caraa. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such Password to another person or entity or permit another entity to access the Site using such Password. You must notify Caraa immediately of any breach of security or unauthorized use of your account. Caraa cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site.

Intellectual Property

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights mentioned, displayed or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at [email protected]

In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on the Site.

Hyperlink Policy

Please be aware that the Site may contain links to third party websites. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Caraa of any information contained in any third party website. In no event shall Caraa be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to your use of the Site.

Monitoring Activity

Caraa has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Caraa has no obligation to display or post any content. Caraa, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Caraa shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Caraa or any other party.

Copyright

Caraa expects all users to respect the intellectual property rights of others. Caraa may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at [email protected] The notification must include 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; identification of the material that is claimed to be infringing and reasonably sufficient information for Caraa to locate the material; contact information of the notifying party, such as address, telephone number and email; 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; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CARAA SPORT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Limitation of Liability

You agree that in no event shall Caraa be liable to you, or to any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the ToS, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or Caraa's secure servers and/or any and all personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

Indemnification

You agree to indemnify and hold Caraa and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the ToS or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.

Disputes

You will resolve any claim, cause of action or dispute (together a “claim”) you have with Caraa arising out of or relating to the Site or the ToS exclusively in a state or federal court located in Pennsylvania. The laws of the State of Pennsylvania will govern the ToS, as well as any claim that may arise between you and Caraa, without regard to conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the courts of the State of Pennsylvania for the purpose of litigating all such claims. Any dispute arising hereunder or related to your use of the Site shall be solely between you and Caraa, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis. In the event any breach of these ToS portends irreparable injury to Caraa, you agree that Caraa shall be entitled to seek equitable relief, including injunctions and declaratory judgments, in addition to any other remedies permitted by law.

Right to Update Terms

We reserve the right to update and revise these ToS at any time. You will know if these ToS have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these ToS as amended or revised by us from time to time, and you should therefore review these ToS regularly.

Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Severability

If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

Welcome Promo Sweep

NO PURCHASE NECESSARY. Purchasing does not improve your chance of winning. Void where prohibited. Sweepstakes is open to legal residents of 48 of the 50 US and DC (excluding Alaska, Hawaii, Puerto Rico, Canada, and US territories & possessions).

Entire Agreement

These ToS set forth the entire understanding and agreement between you and Caraa with respect to the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Site. A printed version of these ToS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these ToS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the ToS, or assign, transfer or sublicense your rights therein. A failure to act with respect to a breach by you or others does not waive Caraa’'s right to act with respect to subsequent or similar breaches.

Customer Reviews

The following Terms of Use and Service apply to the products and services provided by Okendo Pty Ltd (ACN 165 005 989). In this document, the words “the Service“ refer to http://okendo.io and the Okendo Software Application , and “we“, “our“, “us“ and “Okendo“ refers to Okendo Pty Ltd (ACN 165 005 989), the operator of the Service and all of its related entities. This Terms of Use applies to and should be read in conjunction with the Privacy Policy (collectively, the ‘Agreement’), which is available at http://okendo.io. By using or accessing the Services, you (“you“) agree to all the terms and conditions of the Agreement, and if you do not agree to all the terms and conditions of the Agreement you should not and are not permitted to use the Services.

Modifications To The Agreement: Okendo reserves the right in its sole discretion, to modify the Agreement at any time by posting a revised Agreement to the Service. Please carefully read the Terms of Use & Service and check back often. If you do not agree to any change to the Terms of Use & Service then you must immediately stop using the Service. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Privacy: Any information you provide to us, either intentionally or incidentally, via the Service is subject to our Privacy Policy, which governs our collection and use of your information. You agree that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information. If you provide any information to us, either intentionally or incidentally about any other person through your use of the Services, including but not limited to medical or health information about that third party, you: if that third party is a minor, agree that through your use of the Services you consent to the collection and use of this information; and if that third party is a minor, give permission for that third party to consent to the collection and use of this information; if that third party is not a minor, warrant that the third party has reviewed and consents to these Terms and Conditions; and if that third party is not a minor, warrant to Okendo that the third party has reviewed and consents to the Privacy Policy. We collect personal information about you in order to process your registration and provide you with services and for purposes otherwise set out in our Privacy Policy. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you. We may also disclose your personal information to recipients that are located outside of your country.

Review Creation: In order to use the Service you will be required to provide your personal details. In particular, you may be required to provide your real name, e-mail address and other requested information as indicated. All information provided to us must: be accurate and correct to the best of your knowledge; and not infringe on the rights of any third parties, including but not limited to, content that infringes on privacy rights or intellectual property rights, such as copyright and trademark rights. If you are under the age of 13 years, you may not use the Services. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to use the Service, you agree to: exercise supervision over the Minor’s use of the Services; assume all risks associated with the Minor’s use of the Services, including the transmission of content or information to and from third parties via the Internet; ensure that the content and information that the Minor may encounter on the Services are suitable for the Minor; assume liabilities resulting from the Minor’s use of the Services; ensure the accuracy and truthfulness of all information submitted by the Minor; and provide the consents contained in these Terms on behalf of the Minor. We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to the Services on this basis.

Limitations Of Use: You may not do any of the following while accessing or using the Services: access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Okendo and/or its service providers; probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Okendo (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Okendo; scrape the Services, and particularly scrape Content (as defined below) from the Services, without the express prior written consent of Okendo; use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services. take any action that may undermine the feedback or ratings systems used on the Service.

Intellectual Property: Definitions: “Content“ means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Service. For Content uploaded by you, or given to us, for use on the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license for its use. The Service contains material which is owned by or licensed to Okendo. This material includes, but is not limited to, the design, layout, look, appearance and graphics. All trademarks reproduced in the Service which are not the property of, or licensed to, the operator are acknowledged on the Service. Okendo and/or third parties retain ownership of all intellectual property rights in all Content. Unless otherwise indicated, all materials on the Service, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. Except for the bona fide purpose of considering an invitation to treat from Okendo or as otherwise permitted by law, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Okendo. Any other use of materials on the Service, including reproduction for purpose other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Okendo is strictly prohibited.

Applicable Law And Jurisdiction: Your use of the Service is governed in all respects by 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 in relation to any legal proceeding directly or indirectly arising out of or relating to the Service (including but not limited to the purchase of Okendo products).

Disclaimer: The information contained on the Service is for general information purposes only. The information is provided by Okendo and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. The Service may contain links to other websites and software applications. Okendo is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites and software applications. Any link to another website, and reference to third-party information, products or services linked to The Service, is not, and should not be construed as, an express or implied endorsement by Okendo. Any questions or comments relating to such other websites and software applications and software applications should be addressed to the operator or operators of those websites and software applications. The Service may contain content, imagery, text and other media generated by users of the Service. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Every effort is made to ensure the efficient operation of the Service and Services and that the information contained within the Service is accurate at all times. However, Okendo takes no responsibility, and will not be liable for the Service becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control. You release Okendo and all related parties from all claims, demands and proceedings in tort, statute or in any other way arising out of my engagement of a health and/or beauty services provider, and indemnify Okendo against all liability (including liability for negligence and the negligence of others) for all injury, loss or damage arising out of any engagement under this Agreement. Promotions For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.