Terms of Service
Thank you for using StyleCarte.
StyleCarte (“StyleCarte”, “Site”, “Website”) is owned and operated by StyleCarte (“StyleCarte”, “we”, “our”, “us”) (ABN 036 756 858).
If you have and questions or concerns, please contact us.
1. WHAT IS STYLECARTE
StyleCarte is the place where you can find, search and save the world’s most beautiful shops, both online and locally. StyleCarte is about sharing what excites you and sharing it with other style lovers and shop explorers.
StyleCarte is a place to:
- Discover the world’s most stylish shops;
- Save your favourite locations;
- List your own discoveries and follow other users; and
- Get inspired.
2. WHO CAN USE STYLECARTE?
Anyone who is at least 13 years of age and has the requisite power and authority to enter into these Terms is allowed to register an account with StyleCarte. In these Terms we will refer to you as “you(r)” and “User”.
Children’s Online Privacy Protection Act of 1998, we do not accept account registrations from users who are under 13 years of age. Further if you are a minor (under the age of 18) you need the consent of your parent or guardian to create and hold an account with StyleCarte. Your parent or guardian will be strictly responsible for your actions on, with and through StyleCarte.
If you register an account on behalf of a company, organisation, or other entity, then (1) “you” includes you and that entity, and (2) you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
If you have previously been banned from our Website and Services or we have closed your account due to a breach of these Terms, you may not access or use StyleCarte. StyleCarte is not obliged to explain any registration refusal, termination, suspension or deletion.
In order to access StyleCarte you will have to register and must provide accurate and current information about yourself in accordance with the instructions on the Website (you are not allowed to impersonate someone else, e.g. a celebrity, prominent blogger or StyleCarte employee, or misrepresent your identity, age or affiliation with any other person or entity).
If you choose a username that, in our opinion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your listings, deny you access to our Website and Services, or any combination of these actions.
You can also register using your Facebook account via our Website by allowing us access to your social media account as permitted under Facebook’s applicable terms and privacy settings that govern your use of their site and applications.
Upon completion of your registration as a User of StyleCarte, we grant you permission to use our Services, subject to the restrictions in these Terms. This permission acts as a limited, non-exclusive, non-transferable, and revocable license.
You are responsible for maintaining the confidentiality of your accounts and your passwords and you agree that you will be responsible to StyleCarte for all activities that occur under your username or involve your other account details. Further, you are responsible for keeping your registration and account information up-to-date and secret from others.
It is a breach of these Terms to use another User’s account without their permission. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorised use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
Whilst we use commercially acceptable means to protect our site and your personal information, we cannot guarantee its absolute security or guarantee that unauthorised third parties will not be able to defeat our security measures. Therefore please notify us immediately should you become aware of any unauthorised use of your passwords or accounts or any other breach of security. We do not accept liability for any breach of security caused by third parties accessing our Services and defeating security measures.
We reserve the right to close your account at any time for any or no reason, including if:
- You violate our Terms;
- You violate StyleCarte’s or third party rights; or
- Your behaviour towards StyleCarte, towards our business partners, other users or anybody else is deemed inappropriate.
Whilst using the Services you must not:
- Post, upload or email (hereafter “Transmit”) any inappropriate, profane, knowingly incorrect, defamatory, obscene or unlawful text, images, photos, location data or other forms of data or communication;
- Transmit unauthorised advertising or promotional materials, advertise or offer to sell any goods or services for any commercial or non-commercial purpose unless you have our written consent;
- Transmit files that contain viruses or other disabling features or software that interferes with or disrupts our Website, Services, servers or networks;
- Provide misleading links to inappropriate, profane, defamatory, obscene or unlawful websites or to knowingly business-unrelated websites or use the communication systems provided by StyleCarte for any commercial solicitation purposes;
- Collect or store personal information about other users;
- Download or transmit any Content which you know or reasonably should know cannot be legally distributed;
- Manipulate identifiers or other data in order to disguise the origin of any Content (in particular photographs and logos) transmitted through our Website or to manipulate your presence on StyleCarte;
- Make unauthorised alterations to the Website, or hinder or tamper with the operation of it; Launch or use any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc., that accesses the Website in a manner that sends more request messages to the StyleCarte servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web-browser;
- Use any device, software or routine that interferes with the proper working of the StyleCarte Website, or otherwise attempt to interfere with the proper working of the Website;
- Attempt to gain unauthorised access to the Website, user accounts, computer systems or networks connected to StyleCarte through hacking, password mining or any other means; or
- Use the Website to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Website or its Content.
Notwithstanding the foregoing, StyleCarte grants the operators of public search engines permission to use spiders to copy materials from the StyleCarte Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
The technology and the software underlying the StyleCarte Website, mobile application and our Services is the property of StyleCarte. You are under no circumstances allowed to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Website and Services. Further you agree not to modify the underlying software in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to our Website and Services.
Under no circumstances are you allowed to copy, prepare derivative works based upon, distribute, transfer, publicly display, publicly perform, broadcast or otherwise exploit StyleCarte and its Services or Content, except as expressly permitted in these Terms.
Your use of StyleCarte is at your own risk, including the risk that you might be exposed to Content that you may find offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
If there is a prolonged period of inactivity between your browser and the Website’s servers, you may be disconnected or we may ask you to resubmit your password. StyleCarte will not be responsible for any information you may lose should such a disconnection occur.
By registering an account, you agree to receive certain communications in connection with StyleCarte consisting of periodic e-mail newsletters and information about important updates and new features. You can opt-out of non-essential communications through your account settings or through clicking on the link provided at the bottom of the e-mail.
4. STYLECARTE’S CONTENT
StyleCarte provides its users with text, images, photos, location data, and other forms of data (hereafter “Content”) to help you find the world’s most stylish and stunning shopping locations. We allow the submission of such Content by you and other users (“User Listing”) and the publishing and/or sharing of such User Listings. With these Terms we allow you to access and view User Listings and Content created by StyleCarte solely for your personal use and non-commercial purposes.
You understand that through providing User Listings (whether or not they are published) you agree that such Content will be available to StyleCarte to use (or remove or alter) in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation and you also grant StyleCarte a non-exclusive, royalty-free, transferable, perpetual, irrevocable, worldwide, sub-licensable right to use, store, display and distribute your User Listings on its Website and mobile applications solely for the purposes of operating, developing, providing, and using our Services. Further, you hereby grant us, our affiliates and our partners a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish the User Listings that you have created while using StyleCarte.
Any published User Listing will be made available to every StyleCarte user while using our Services and you are not guaranteed any confidentiality with respect to your User Listing or any interactions with other users’ User Listings. StyleCarte and its users may retain and continue to use, store, display and distribute any of your User Listings following the deactivation or termination of your account within StyleCarte.
It is important for you to understand that any User Listing (including any that may have been created by users employed or contracted by StyleCarte) does not necessarily reflect nor endorse the opinion, recommendation or advice of StyleCarte and we expressly disclaim any and all liability in connection with User Listings. We reserve the right to remove, screen, edit, or reinstate User Listings from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a User Listing if it does not meet our style guidelines or clearly promotes a business that goes against StyleCarte’s ideals and opinions. We have no obligation to retain or provide you with copies of your User Listing, nor do we guarantee any confidentiality with respect to your User Listing.
4.1 WHAT YOU NEED TO KNOW ABOUT CREATING A USER LISTING FOR A BUSINESS
StyleCarte allows you to create a User Listing for any business that you believe needs to be part of StyleCarte. In order to guarantee a high standard of StyleCarte’s listings we have created some style guidelines that may help you to decide whether your find fits in and is appropriate. Please review this document.
As part of the listing process StyleCarte asks you to upload detailed information about your chosen business including but not limited to:
- Business name;
- Business model;
- Contact, website and social profile details;
- Opening hours or shipping details;
- Product categories sold; and
We also ask you to attach images and photos that represent the business and its style that you are about to list. You can choose to:
- Upload images that you have taken yourself;
- Download images from a website; or
- Take a screenshot of the business’s website.
If you choose to upload images from your computer or mobile device, you are required to affirm and warrant that you own, or have the necessary rights, consent or permissions to use them and authorise StyleCarte the use of those images and photos. You will be asked to provide copyright information to acknowledge the copyright owner of the image.
If you choose to download images from a website or create a website screenshot, the image’s web address will be displayed as photo credit. However, you may expose yourself to liability if, for example, those images:
- Contain material that is false, intentionally misleading, or defamatory;
- Violate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Contain material that is unlawful, including illegal hate speech or pornography;
- Exploit or otherwise harm minors; or
- Violate or advocate the violation of any law or regulation.
You further agree that you will not provide Content which:
- Is knowingly misleading or false;
- Infringes the intellectual property or other proprietary interest of third parties;
- Forges information to disguise the origin of any Content;
- Post advertisements or solicitations of business;
- Could damage StyleCarte or any third party and/or may offend others;
- Impersonates another person such as but not limited to being the business owner of a business you have no connections or no rights to act on behalf of; or
- Violates any law, statute or regulation.
You understand that all information accessible on StyleCarte whether contributed by us or by you or other users and entities is the sole responsibility of the person or entity that contributed the Content and that the person or entity retains all rights for such User Listings and the consequences of posting or publishing them. StyleCarte does not claim ownership of User Listings, however, by submitting and publishing a User Listing you grant StyleCarte worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on StyleCarte’s Website and mobile applications, including without limitation for promoting and redistributing part or all of the StyleCarte Website (and derivative works thereof) in any media format and through any media channels. This license subsists until StyleCarte removes your User Listing from its Services.
Once published you will not be able to amend the Content unless you have been able to claim the business referenced in the User Listing as its legitimate business owner. If you would like changes to be made to your User Listing and you are not the legitimate owner of the business, please contact us via email or through the REPORT icon displayed at the top of the User Listing’s detail page in order to inform us about changes requested.
4.2 USER LISTINGS CREATED OR CLAIMED BY BUSINESSES
If the owners of a business choose to create their business’ User Listing themselves, they will have to identify themselves as such during the process of listing a business. To maintain the integrity of a business’ User Listing, StyleCarte may require proof of ownership from the user who create the User Listing in question. Business owners will obtain the right to amend and operate their business’ User Listing. The owners of a business have the opportunity to claim their business’ User Listing if that listing has been created through another user who is not associated with the business. If you, as business owner, wish to do this you will have to show that you are the legitimate owner of the business or authorised by the owner of that business to act on his/her/its behalf.
4.3 OUR RIGHT TO USE YOUR CONTENT
We may use Content and User Listings in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing our business partners, affiliates and third parties to do the same. As such, you hereby irrevocably grant us worldwide, non-exclusive, perpetual, royalty-free, assignable, sub-licensable, transferable rights to exercise the copyright you have in any Content or User Listing uploaded or otherwise posted, inserted or provided by you and to use your Content for any purpose. You also irrevocably grant StyleCarte users the right to access your Content in connection with their use of StyleCarte’s Services.
4.4 THIRD PARTY LINKS, SITES AND SERVICES
If you find an outdated, inappropriate, false or misleading link we would appreciate it if you inform us either via email or through the REPORT icon at the top right corner of each business’ detail page. While we attempt to monitor and regularly check the accuracy of any listings we assume no responsibility for actively monitoring for inappropriate, incorrect or irrelevant Content. Further we have no obligation to modify or remove any inappropriate or incorrect Content, and no responsibility for the conduct of the user submitting this Content.
5. INTELLECTUAL PROPERTY
We respect the intellectual property rights of others and expect you to do the same. We will at our discretion disable or delete accounts of users who willingly and/or repeatedly infringe intellectual property rights of others. You may not distribute any Content from the StyleCarte Website or mobile application without written consent from us. Most images on the Internet are intellectual property of copyright owners unknown to StyleCarte and you may need to obtain the owner’s authorisation before using them for your User Listings.
If you are a copyright or business owner, or are authorised to act on behalf of one, please report alleged copyright infringements or any other complaints by emailing us or by reporting the business listing in question through clicking on the REPORT icon at the top right of any business’ detail page. Upon receipt of your complaint we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from StyleCarte.
Unless otherwise indicated, StyleCarte owns all intellectual property on StyleCarte. This includes but is not limited to the information provided, text materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, all of which is protected by copyright and other intellectual property laws. You must not use our logos and design elements without StyleCarte’s expressive permission. Any unauthorised use is strictly prohibited.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited licence to view, access and use information directly accessible through the Website. However, if not authorised by us in writing, you must not infringe StyleCarte’s intellectual property, you agree not to modify, copy, republish, frame, distribute or communicate any part of StyleCarte other than through the tools given to you through our Website and mobile application.
6. TERMINATION OF YOUR MEMBERSHIP
StyleCarte may terminate or suspend your account at any time, with or without cause or notice to you. In the event of any termination of the Terms, whether by you or us, Section 5 will continue in full force and effect, including our right to use your Content as detailed in Section 4.3.
7. INDEMNITY, LIABILITY, CHOICE OF LAW AND LAW ENFORCEMENT
You agree to indemnify, defend, and hold StyleCarte, its directors, officers, employees, agents, representatives and any affiliates and/or partners harmless from and against:
- Any claims, suits, disputes or demands, including costs, liabilities, damages, losses and legal fees (including costs of defence of claims, suits or proceedings brought by third parties); or
- Any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network;
- Made by any third party (including yourself) arising out of or relating to:
- Your access (both functioning and malfunctioning) to or use of StyleCarte and its Services;
- The Content of your User Listing and the creation of such;
- Your violation of the Terms;
- Any products or services purchased or obtained by you through third party links provided on StyleCarte; or
- The infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
7.2 LIMITATION OF LIABILITY
You agree that StyleCarte shall not be liable to you or anyone else (including damages incurred by third parties) for any indirect, incidental, special, consequential or punitive damage or loss of profits and/or revenues, data, goodwill or other intangible losses, arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with:
Your access to (or being unable to access for whatever reason and however arising, including, but without limitation, negligence) or use of StyleCarte and its Services; The use of Content and in particular use of links provided on StyleCarte and its Services created by any user including StyleCarte and its representatives; Unauthorised access, use of your password by any third party to whom you have made the password available; or The alteration of your User Listings. We are not liable for loss or problems resulting from the inoperability, unavailability or security vulnerabilities of our Website’s Services or from your reliance of the accuracy, reliability or quality of any listing.
Without limiting the foregoing, under no circumstances shall StyleCarte be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures or non-performance of third parties.
StyleCarte cannot be made liable for any negative experience you might have with the operating entities behind third party links listed on StyleCarte (including but not limited to the availability, quality of communication, products or services). Any purchases you make after using the provided links and the use of the products you buy from businesses listed on StyleCarte are at your own discretion and risk.
In no event shall StyleCarte’s aggregate liability for all claims, loss and damages that you suffer in connection with the Website and its Services exceed the lesser of the amount paid (if any) by you to StyleCarte during the time that the action giving rise to liability arose, or one hundred Australian Dollars (AUD $100).
If you are dissatisfied with StyleCarte and its Services, your sole and exclusive right and remedy shall be your discontinuance of use of StyleCarte and/or the deactivation of your user account.
7.3 CHOICE OF LAW
StyleCarte and its Services are controlled and operated from the Commonwealth of Australia and we make no representations that they are appropriate or available for use in other locations.
These Terms are governed by and construed in accordance with the law in force in the State of South Australia, Australia, without respect to its conflict of laws principles or those of your actual state or country of residence.
7.4 LAW ENFORCEMENT
StyleCarte reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
StyleCarte provides its Website, Services and Contents on an “as is” basis without any warranty of any kind and therefore disclaims any and all responsibilities for the accuracy, completeness, legality, reliability, operability, or availability of the Contents and Services.
By using StyleCarte you agree and understand that the use of StyleCarte is at your own risk and discretion. We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
We take no responsibility and assume no liability and responsibility for any User Listings that you or any other users transmit nor do we warrant that any information provided through our Services is accurate, without errors, omissions, and viruses or whether it is suitable for your purposes. Further, we accept no responsibility for any websites operated or controlled by entities other than StyleCarte that are linked from and to our Website and mobile application.
StyleCarte cannot under any circumstance guarantee continuous, uninterrupted or secure access to the Website and mobile application. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material provided by StyleCarte’s users including StyleCarte’s own representatives.
9. GENERAL TERMS
The World Wide Web exists across open public networks that are neither secure nor private. Accordingly you acknowledge and accept the risk that any communication to or from the Website may be intercepted, used or modified by third parties.
9.1 ALTERATIONS OF THE CONTENT
StyleCarte reserves the right to modify, update, interrupt or discontinue its Services and all or some of its Content at our sole discretion, at any time, for any or no reason, temporarily or permanently and without notice or liability. By accepting these Terms you agree that StyleCarte shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and other Services.
9.2 AMENDMENTS OF THE TERMS OF SERVICE
StyleCarte may alter, add or remove any part of these Terms at any time, without notice and at our own discretion. We therefore advise you to periodically read these Terms. We will notify you about significant changes, in our sole discretion, by sending a notice to the email address specified in your StyleCarte account or by placing a prominent notice on our Website prior to those changes coming into effect. If you continue to use StyleCarte after those changes are in effect, you agree and are bound to the revised Terms.
9.3 AGREEMENT AND WAIVER
If any provision of these Terms is found invalid, then only that provision will be limited or eliminated to the minimum extent necessary to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.
The failure of StyleCarte to exercise or enforce in any respect any right or provision of these Terms shall not be deemed a waiver of such right or provision.
9.4 FEEDBACK AND SUGGESTIONS
We greatly value hearing your feedback, critique and suggestions, as it is important to us to make StyleCarte as user friendly and relevant as possible. If you choose to submit ideas, comments or feedback, you agree that your submission does not contain the confidential or proprietary information of third parties and that we are free to use it without any restriction or compensation to you. By accepting your submission StyleCarte does not waive any rights to use similar or related feedback previously known to StyleCarte, or developed by its employees, or obtained from sources other than you. You also grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense your submission.
Copyright © 2016 StyleCarte, 157 The Parade, Norwood SA 5067, Australia