Terms

Carrot & Stick
C & S COMPANY P/L
L26, 1 Bligh Street
Sydney NSW 2000
care@carrotstick.com
Welcome to a website of C & S COMPANY P/L located at CarrotStick.com (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our website and hereinafter "You" or "Your") for visiting Our site and considering Our products and services.
Upon ordering and clicking the button which states: “By checking this box You are electronically signing Your order, agreeing to this website's Terms of Service and Privacy Policy, as well as our use of cookies, and authorizing Us to charge payments to the credit card you have provided. Your cart may contain one or more “Subscribe and Save” products or “Bundles” which will be charged to Your credit card for orders shipped in the future. All prices are in USD.”; You hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.

These terms and conditions apply to all transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms and conditions in this document by any act demonstrating Your assent thereto, including clicking the submit button for the order, or by merely accessing the Website, whether you have read these terms or not. This includes Your authorization to charge Your credit card or debit Your bank account. Please print these terms and conditions for Your personal records.

In addition, you consent to receive electronic communications from Us relating to Your account. You agree that any notices, agreements, disclosures, or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from Us, such as newsletters, special offers, promotional announcements, and customer surveys via email or other methods.

PRIVACY POLICY

Our Privacy Policy is located here and is hereby incorporated into this Agreement by reference.  Please review the Privacy Policy to understand Our policies.

USERNAME AND PASSWORDS

You hereby agree that You are responsible for all actions taken under Your User Name and Password.  Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure.  Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.

PURCHASES

To purchase any item on Our website You need only click on the item and add it to Your shopping cart. All fees will be shown before You checkout.

Please note that the bundles described below can significantly lower Your costs.

PRODUCTS

Products may vary by country. The pictures of the Products on Our website are for illustrative purposes only. Your Products may vary slightly from those pictured. Moreover, the packaging of the products may vary slightly.

SUBSCRIBE AND SAVE

On Items You select for Subscribe and Save You will receive one shipment every 8 weeks with the published discount from the regular price.  If You are placing an order online or by telephone as part of this plan, Your plan will remain in effect until it is canceled.

Although Your Subscribe and Save products will be delivered every 8 weeks, You may change the frequency of Your delivery or cancel this recurring order by emailing Us at care@carrotstick.com.  If You are placing an order online or by telephone as part of Our Subscribe and Save program, Your plan will remain in effect until it is canceled by You.

SUBSCRIBE AND SAVE RENEWAL AND CANCELLATION TERMS

If You are placing an order for one of Our Subscribe and Save products, Your plan will remain in effect until You cancel it.  We will charge Your bank or credit card when We ship Your first order.  Your payment method will be billed with each shipment.  You may cancel Your plan for any reason, at any time.  Payments will appear on Your credit card as Carrot&Stick.  You are responsible for any fees or charges Your issuing bank or credit card provider may charge You.

We may, in Our sole discretion, terminate Your automatic delivery at any time without notice.  If We do so, You will only be charged for orders that have been shipped to You.

You authorize the issuer of Your credit card or debit card to pay any amounts described herein on an ongoing basis as part of Your subscription for Our products without requiring a signed receipt for each transaction.  You also agree that this Agreement shall be accepted as authorization to the issuer of the credit card or debit card to pay any amounts described herein without requiring a signed receipt for each transaction.  In addition, You agree that this Agreement shall be accepted as authorization to the issuer of the credit card or debit card to pay all such amounts for Our products You purchase per Your subscription.

You authorize Us, or any other Formulyst Limited Company that acts as billing agent for Us, to continue to attempt to charge/debit with respect to all sums described herein to Your credit card or bank account until such amounts are paid in full.

Please note all prices are displayed in USD.

ROUTINES

We now offer many of our best-selling items as Routines with a significant reduction from the regular price.  Plus, You can receive a further published discount from the regular discounted Routine by using the Subscribe and Save feature described above.

If You purchase a Routine using the Subscribe and Save feature described above all other terms of the Subscribe and Save terms will apply.

SHIPPING

Shipping times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which We will not be responsible.

For ground shipping in the USA We charge a $10.00 shipping fee.  Your order will usually be shipped within 1-2 business days.  Please allow several days for delivery. For orders over $100.00 We offer free ground shipping.

We do not offer express shipping.

MONEY-BACK GUARANTEE
If You are not satisfied with Your purchase for any reason, simply return it for a full refund (less shipping). You may return purchases within 31 days of receipt by emailing Us at care@carrotstick.com.
You are responsible for the cost of returning the shipment.
USING GOOD CITIZENSHIP IN PRODUCT POSTING, REVIEWS, FORUMS, ETC.
You understand and agree that You will not Use Our website to post, email, upload or transmit any content that: is patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; nor will You: Impersonate another person or post a photograph of another person as Your image; stalk or otherwise harass another; harm a minor in any way; promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the Site; Nor will You post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes; Nor will You promote an illegal or unauthorized copy of another person’s copyrighted work; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Nor will You use software that automatically creates user identities; intentionally or unintentionally violate any applicable local, state, national or international law; Nor will you post hazardous, counterfeit, stolen items or items that have been identified by the U.S. Consumer Products Safety Commissions (CPSC) as hazardous to consumers and therefore subject to recall; Nor will You post a review on a business You own, control or are employed by; post inaccurate or misleading information or pictures; or misrepresent a product or service.
We reserve the right to delete any data You post for any reason or for no reason.
As provided for in the Digital Millennium Copyright Act; if You feel any content on this website violates Your copyrights, please contact Our designated agent:
Andrew Jaffe
2375 Covington Rd, Suite 315
Fairlawn, Ohio 44313
weblaw101@aol.com
by email or regular U.S. mail with the following information:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once We have received Your complaint We will:
  1. Remove or disable the identified infringing material (but maintain a copy for later use);
  2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
  3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by email or regular U.S. mail that includes substantially the following:
  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter-notification or an agent of such person.
Upon receipt of a counter-notification We will promptly provide the complaining party with a copy of the counter-notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter-notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.
TRADEMARKS

We hereby claim Carrot&Stick TM, and the Carrot&Stick logoTM to be trademarks of Our Company.

All trademarks, logos, service marks, and trade names are proprietary to Us.  All of the brands and product names cited herein are trademarks.  Your access to the Website should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Website without Our prior written consent or that of the third-party owner thereof.

All content included in Our websites, such as text, graphics, logos, button icons, images, audio clips, and software, is Our property and is protected by the UK and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on Our website is Our exclusive property and protected by the UK and international copyright laws. Permission is granted to electronically copy and print hard copy portions of Our website for the sole purpose of placing an order with Us or using the website as a shopping resource. Any other use of such content, including the reproduction, modification, distribution, transmission, republication, or display, of Our content is strictly prohibited.

WARRANTIES

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. the information does not constitute medical advice. every effort has been made to ensure the efficacy of our products; however, they are for cosmetic purposes only and have not been approved by any medical or pharmaceutical licensing body. it is entirely your responsibility to determine that our products are suitable for you and it is not our responsibility to do so. if for any reason, you are concerned about the reaction of your skin to our products, you should seek immediate advice from a medical professional.

Unless expressly stated to the contrary, to the fullest extent permitted by law, we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise, even if we have been advised of the possibility of such damages.

This does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

LIMITATION OF LIABILITY

To the maximum extent legally permitted, whether or not we are or were aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose, our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of our products you ordered and paid for. further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. our products are sold and delivered to you “as is” with no warranty whatsoever. except as expressly stated otherwise in this section, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

INDEMNIFICATION

You hereby warrant that You will not use the information provided by Us in violation of any International, Local, State, or Federal law.  Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of International, Local, Federal or State Law, patent infringement or plagiarism.  We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.

FORCE MAJEURE

We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire, or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel, or utilities or for any other cause beyond Our control.

ASSIGNMENT

You may not assign the rights or obligations under this Agreement.

ENTIRE AGREEMENT

Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.

DISPUTES

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at care@carrotstick.com prior to taking any other action.  Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You.  

This Agreement shall be construed in accordance with the laws of the United Kingdom and in the event of any dispute or claim associated with these Terms and Conditions or another dispute between You and Us, that dispute or claim shall be subject to the exclusive jurisdiction of the UK courts serving the London jurisdiction.

You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement.  In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs.  These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.

CLASS ACTION WAIVER

You agree that You may only bring a claim in Your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. 

SEVERABILITY

If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.

HEADINGS

The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.

AGREEMENT UPDATES

This Agreement is effective as of January 24, 2023.  We reserve the right to revise this policy from time to time without prior notice.  You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our website.