Terms and Conditions
Please read the following Terms and conditions of use carefully before using this website.
All users of this website agree that access to and uses of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
These terms apply when you use this website, being www.creativecostumes.com.au and any other websites we operate with the same domain name and a different extension
This Website is owned and operated by Creative Costumes (ABN 84522525381).
If you are looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.
These terms were last updated in April 2023.
Copyright
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of Zaruma Pty Ltd trading as Creative Costumes. The collective work includes works that are licensed to Creative Costumes. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Creative Costumes or purchasing Creative Costumes products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Creative Costumes or to purchase Creative Costumes products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Creative Costumes. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Creative Costumes disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Creative Costumes does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Creative Costumes does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
This disclaimer does not override our Returns Policy which will be upheld by Creative Costumes.
Limitation of Liability
Creative Costumes shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Creative Costumes has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Website Errors
In the event that a Creative Costumes product is mistakenly listed at an incorrect price, Creative Costumes reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Creative Costumes reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Creative Costumes shall issue a credit/refund to your account in the same manner it was paid and in the amount of the incorrect price.
Information of the Website
While we endeavour to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee the following: The website will be free from errors or defects. That the website will be accessible at all times. That messages sent through the website will be delivered promptly, or delivered at all. That information you receive or supply through the website will be secure or confidential and any is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
Prices
Our rights in regard to price changes.
All prices are subject to change without notice and are not guaranteed, except the prices for an order that has been accepted by Creative Costumes PTY LTD.
Terms Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Creative Costumes without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Appropriate Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Creative Costumes or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Creative Costumes does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Creative Costumes is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Creative Costumes reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Creative Costumes in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Creative Costumes, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Creative Costumes may link to sites operated by third parties. However, even if the third party is affiliated with Creative Costumes, Creative Costumes has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Creative Costumes. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Creative Costumes seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Third Party Platform
This Website may be hosted by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Security
Whilst we use our best endeavours to maintain the security of the Website, we do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, your personal data being stolen, malicious computer code or other forms of interference or cyber-attacks.
Miscellaneous
Other important information regarding our website.
Your use of this site shall be governed in all respects by the laws of Victoria, Australia. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Creative Costumes products shall be in the state or federal courts located in Melbourne, Victoria, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Creative Costumes products must be commenced within one (1) year after the claim or cause of action arises. Creative Costumes failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Creative Costumes may assign its rights and duties under this Agreement to any party at any time without notice to you.