Terms & Conditions

/Terms & Conditions
Terms & Conditions 2018-07-10T01:45:28+00:00

Website Terms & Conditions

Last updated 26 July 2017

  1. Welcome

Byrne Baby Byrne Pty Ltd ACN 150 443 913 trading as The RaRa Agency (we, us, our) is a family owned and operated business that was started in 2011. Our continual focus and specialisation in providing expert marketing, brand, speakers agency and sport management services to the Australian market was further advanced with the introduction of and re brand to The RaRa Agency.

  1. Acceptance and variation

(a)                     By accessing or using our website (http://www.theraraagency.com.au) (the Site) you agree to be bound by these terms and conditions (Terms). If you do not agree to the Terms please exit the Site and do not continue to access it in any way.

(b)                    We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Site at any time, without liability or further notice to you.

(c)                     Your continued use of the Site will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us.

  1. Incorporation

Please read our Privacy Policy which is incorporated by reference into these Terms. The Privacy Policy governs the processes and procedures to be followed by you and by us with regard to the collection, storage and use of your personal information.

  1. No commercial use

You must not use any part of the Site for any commercial purposes. You must obtain our prior written consent before you make any commercial offer on the Site whether by solicitation, direct advertising or links.

  1. Copyright

(a)                     The information contained within the Site (including its coding, wording, design, graphics and logos) are owned by us and are protected by Australian and International copyright laws.

(b)                    You may only retain copies of information on our Site if it is obtained incidentally to your viewing and kept for your own personal reference.

  1. Trade marks

(a)                     THE RARA AGENCY™, is a trade mark owned by us, as well as all the other related trade marks and certain other service marks, graphics, slogans and logos used in connection with the sale, hire and distribution of our products and services. This Site may also contain third party trade marks, service marks, slogans, graphics, and logos.

(b)                    You acknowledge and agree that you are not granted any right or license with respect to our trade marks or the trade marks of any third party.

  1. Permitted use

You agree that you are only authorised to use the Site for the following activities:

(a)                     viewing our product range;

(b)                    conducting research on our products;

(c)                     purchasing our products;

(d)                    conducting investigations with respect to our business credentials;

(e)                     retrieving our contact details;

(f)                      reviewing our policies; or

(g)                    contacting us.

  1. Interference

You agree that you will not:

(a)                     use any automated processes or means  to access the Site;

(b)                    use any software or manual repetition that will or is likely to interfere with the Site; or

(c)                     attempt to cause stress or detriment to the proper working of the Site, such as by:

(i)                       acting in any way likely to cause an unreasonable strain to the infrastructure of the Site;

(ii)                     reloading or refreshing pages more than once every 5 seconds; or

(iii)                   requesting any page of the Site more than 1000 times in aggregate in a 24 hour period.

  1. Communications

(a)                     When visiting the Site or sending information to us, you are communicating with us electronically. By making such electronic communications you acknowledge and consent to receiving communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Site.

(b)                    Additionally, we may deliver communications (including legal notices) to you at any physical address that you provide.

  1. Off Site conduct

It is a direct violation of these Terms for you to engage in an activity using information obtained from the Site to contact, abuse, advertise, sell to, harass or harm any user of the Site.

  1. Consequences of violation

(a)                     If you violate these terms in any way we may in our sole discretion and without notice to you:

(i)                       take any legal action available against you;

(ii)                     block your use of the Site;

(iii)                   restrict your ability to utilise certain functionality of the site; and/or

(iv)                   disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.

(b)                    You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to our sales or increasing our expenses and in such a case you irrevocably consent to us seeking injunctive or other equitable relief against you as a consequence of your violation.

  1. Third party sites

(a)                     The Site may contain links to third party websites outside our control (Linked Sites).  We take no responsibility for content contained in any Linked Sites, and do not endorse any aspect of these third party services.  We cannot and do not guarantee, represent or warrant that the content contained in any Linked Site is accurate, legal, or inoffensive. Such links are provided for convenience only.  You use these Linked Sites entirely at your own risk.

(b)                    We do not assume any responsibility or liability for the actions, products, services and content of any Linked Site. We advise that users should carefully review each Linked Site’s privacy policies and terms and conditions of use. If you choose to purchase goods or services from a third party via a Linked Site, including one accessed from the Site, then you are entering a separate agreement with that third party, and expressly agree that we are not a party to that transaction.

(c)                     You may link the Site without our consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense.  By linking, you must not alter any of the Site’s contents including any of our intellectual property and you must not frame or reformat any of our pages, files, images, text or other materials.

  1. User’s risk

(a)                     We will use reasonable care and skill to ensure that the Site is free from defect and harmful code. Internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software.

(b)                    With regard to any such device you choose to use as a means to access the Site, it is our recommendation that you maintain up-to-date anti-virus, scanning and security software designed specifically for all devices.

(c)                     We shall not be held liable for any losses or damages caused by your use of the Site, whether directly or indirectly and your use of the Site is entirely at your risk.

  1. Disclaimer

(a)                     The Site is delivered on an “as is” and “as available” basis. Accordingly, we do not warrant that the Site will be error-free or uninterrupted.

(b)                    Whilst all due care has been taken in providing the information on the Site, we do not provide any warranty either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

(c)                     To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

(d)                    All due care is taken in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of the Site or any Linked Site.

(e)                     We undertake all due care with any information which you may provide when accessing the Site and preserve such information in a secure manner in accordance with our Privacy Policy. We however cannot ensure the security of any information which you may provide and the information that you transmit to the Site is entirely at your own risk.

(f)                      From time to time we may host third party content on the Site such as advertisements and endorsements.  Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by that material.

(g)                    We will not be liable to you or any other party for damages of any kind arising from your use of the Site.

  1. Indemnity

You will at all times indemnify us and keep us indemnified (including each of our officers, employees and agents) from and against any loss, damage or costs (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceeding by any person against us where such loss, cost or damage arose out of or in connection with whether directly or indirectly, your use of the Site or your breach of these Terms.

  1. General

16.1               Jurisdiction

(a)                     This Agreement is governed by the law in force in the State of Queensland.

(b)                    Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.

(c)                     Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland.

16.2              Severability

Any provision of the Terms and Conditions that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms and Conditions which shall remain in force.

  1. Contact us

You may contact us by:

(a)                     emailing contact@theraraagency.com.au or;

(b)                    posting to:

Byrne Baby Byrne Pty Ltd trading as The RaRa Agency

PO Box 5088,

MANLY, QLD, 4179