Legal

Selva Eyewear – Privacy Policy

 

  1. Overview¬† In this Privacy Policy (Policy), ‘us’, ‘we’ or ‘our’ means Selva Eyewear Pty Ltd (ACN 607 376 189) and our related bodies corporate.

We are committed to protecting your privacy through compliance with the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APP), the Health Records Act 2001 (Vic), the Health Privacy Principles (HPP) and any related privacy codes.

This Policy outlines how we collect, use, disclose and store your personal information. It applies to all personal information collected via our website, social media and identification verification tools.

By providing personal information to us, you consent to us collecting, using, disclosing and storing your personal information in accordance with this Policy.

Please read this Policy carefully and contact us using the details below if you have any questions.

  1. The types of information we collect
  • Personal information

Personal information is information or an opinion about you or from which you can be reasonably identified.

In particular, we may collect the following types of personal information:

  • your name, home, business or mailing address, email address, phone number, age or date of birth;
  • information about your working practices, such as your employment details and job title;
  • payment and transactional information, such as credit card details;
  • your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, Internet Protocol (IP) address and standard web log information;
  • details of products or services which we have provided to you or you have enquired about; and
  • any other information relating to you that you provide us directly or indirectly through our website, including information you provide through emails, social media, surveys and competition entry forms.
  • Sensitive information

Sensitive information is a form of personal information, and is information or an opinion of a sensitive nature.

We may collect the following types of sensitive information:

  • health information; and
  • genetic information.

We will only collect, use or disclose your sensitive information if it is reasonably necessary to carry out our functions or activities and we have your consent.

  1. Why we collect and use your personal information

We collect and use your personal information through lawful and fair means so we can perform our business activities and functions. Your personal information is collected and used for the following purposes:

  • to interact with you;
  • to give you information about our products and services;
  • to provide you with our products and services;
  • to provide you with refunds or discounts;
  • to keep you updated on deliveries;
  • to connect you with our business partners;
  • to administer surveys;
  • to send you promotional and marketing information that may be of interest to you, including information sent by our business partners;
  • to administer rewards or other promotional activities sponsored or managed by us or our business partners;
  • to conduct product and market research;
  • to develop consumer insights so we can better understand your preferences and interests, personalise your experience and enhance the products and services you receive;
  • to perform administrative and operational functions;
  • to comply with any legal requirements;
  • for any related purpose for which we are entitled to use your personal information; and
  • for any other purpose for which you give your consent.
  1. How we collect your personal information

We generally collect personal information directly from you when you:

  • share information with us on our website;
  • communicate with us over email, online chat systems, the phone or in person;
  • participate in one of our surveys;
  • participate in one of our competitions;
  • interact with our website and advertising;
  • purchase one of our products or services; and
  • use or access our website and have set your internet browser to allow us to use cookies to store information from your browser or device. Sometimes, the cookies may collect and store personal information.

We may also collect your personal information from third parties including:

  • service providers;
  • credit reporting bodies;
  • marketing companies;
  • referrals who may have referred you to us; and
  • organisations with whom we have an agreement to share information for marketing purposes.

You may choose to deal with us anonymously where it is lawful or practical to do so, such as when you make a general enquiry about our products or services.

  1. Disclosing your personal information and who might have access
    • Within Australia

We may disclose your personal information to the following third parties for the purposes described in this Policy, such as:

  • our employees, related entities and employees of those entities;
  • our business partners;
  • our professional advisers, dealers and agents;
  • third parties and contractors who provide services to us, including customer enquiries and support services, manufacturing services, shipping and freight services, debt-recovery functions, information technology service providers, marketing and advertising services;
  • payment systems operators;
  • our sponsors or promoters of any competition we conduct;
  • any third parties authorised by you to receive information held by us; and
  • government, regulatory and law enforcement agencies as required, authorised or permitted by law.
  • Outside Australia

We may disclose your personal information to third parties, including GoDaddy, WooCommerce and MailChimp. These entities have servers in and operate out of locations outside Australia. As these entities are of a global nature, we cannot say with certainty where their servers are located or the counties out of which they operate. Further, these locations may be subject to change without notice to us. , of which we may not be informed.

By providing us with your personal information, you consent to us disclosing your personal information to these overseas third parties and acknowledge we will take reasonable steps to ensure these deal with your personal information in a way that complies with the Privacy Act and the APP.

  1. Using your personal information for direct marketing

We or our business partners may use your personal information to contact you via phone, SMS, email or mail to promote and market our products and services.

By providing us with your personal information, you consent to us or our business partners contacting you for direct marketing, even if you have registered your home, mobile and/or fax number on the Do Not Call Register.

You can opt-out from being contacted by us or our business partners for direct marketing by emailing ‘unsubscribe’ to info@selvaeyewear.com.

  1. If you do not provide us with your personal information

You can choose not to provide us with your personal information. However, this may mean:

  • we will not be able to provide you with our products and/or services or be limited in how we can do so;
  • we will not be able to interact with you;
  • we may be unable to process and open an account for you; and/or
  • we will not be able to properly investigate or resolve any complaint you make.
  1. Can you use our services anonymously or pseudonymously?

We are not obliged to provide services to individuals who do not identify themselves or use a pseudonym if it is impractical to do so or otherwise inconsistent with our obligations under any law.

  1. Cookies
    • We use cookies

When you use or access our website, we may collect information through cookies on your device.

Cookies are files that store information on the device on which you are using or accessing our website. They tell us when you visit our website, which pages you visit and the information you downloaded. They also remember your details and preferences so you can easily continue your browsing session when you return to our website.

We may also use other technologies, such as web beacons, Flash local stored objects and JavaScript.

If you do not want to activate Cookies, you can opt-out of receiving them by amending the settings of your internet browser, however you may find that some parts of our website will have limited functionality and personalisation if you do so.

  • We use cookies to collect your personal information

We may use cookies to collect your personal information. We will handle any personal information collected by cookies in the same way that we handle other personal information described in this Policy.

  1. Security
    • How we store and protect your personal information

We hold your personal information in electronic form, in secure databases owned and operated by our third party service providers.

We manage the security of your personal information by using SSL encryption.

While we take reasonable steps to ensure your personal information is protected from loss, misuse and unauthorised access, modification or disclosure, security measures over the internet can never be guaranteed. This means we cannot guarantee the security of your personal information. In the event of a breach, we will attend to the required reporting arrangements.

  1. Links to third party websites/platforms

Our website may contain links to websites, other apps and social media platforms operated by third parties.

Those links are provided for convenience and may not remain current or be maintained. Unless stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites.

The privacy policies that apply to third parties’ websites may differ substantially from this Policy, so we encourage you to read those privacy policies before using those websites.

  1. Accessing or correcting your personal information
    • Accessing your personal information

If you would like to access your personal information, please contact us using the details below and provide us with your name, address and a description of the information you wish to access.

While we try to give you access to your personal information free of charge, we may charge you a reasonable fee to cover costs associated with:

  • searching for, locating and retrieving your personal information; and
  • reproducing and sending you your personal information.

In certain circumstances, we may not be able to give you access to your personal information. In these circumstances, we will write to you to explain why we cannot comply with your request.

We will try to respond to your request for access within five (5) days of receiving your request.

  • Correcting your personal information

We try to ensure any personal information we hold about you is accurate, up-to-date, complete and relevant.

If you believe the personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or incorrect, please contact us using the details below and provide us with your name, address and a description of the information you wish to be corrected. We will take reasonable steps to ensure it is corrected.

We will try to respond to your request for correction within five (5) days of receiving your request.

  1. Destroying or de-identifying personal information

We destroy personal information when we no longer need it, unless we are otherwise required or authorised by law to retain the information.

  1. Making a complaint

If you believe your privacy has been breached or you have a complaint about our handling of your personal information, please contact us using the details below.

We take privacy complaints seriously. If you make a complaint, we will respond within a reasonable time to advise you of the person responsible for managing your complaint. We will try to resolve your complaint within 5 (five) days. When this is not reasonably possible, we will contact you within that time to let you know how long we will take to resolve your complaint.

We will investigate your complaint and, where necessary, consult with third parties about your complaint. We will decide how to address your complaint and write to you to explain our decision.

If you are not satisfied with our decision, you can refer your complaint to the Office of the Australian Privacy Commissioner and the Office of the Commissioner for Privacy and Data Protection in Victoria. Details about how to file a complaint can be found at www.oaic.gov.au and www.cdpd.vic.gov.au.

  1. Changes
    • We may, from time to time, amend this Privacy Policy, in whole or part, in our sole discretion.
    • Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on our website. Depending on the nature of the change, we may announce the change on our website home page or by email (if we have your email address). However, in any event, by continuing to use or website and/or other services provided by us following any changes, you will be deemed to have agreed to such changes.
    • If you do not agree with the terms of this Privacy Policy, as amended from time to time, in whole or part, you must terminate your use of the website and/or services and inform us immediately prior to any further receipt of our services
  2. Contact us

 

All questions or queries about this Policy and complaints should be directed to:

Privacy Officer

info@selvaeyewear.com

Dated: 11/10/17

Selva Eyewear – Terms and Conditions of Sale

  1. Introduction
    • Your purchase of Goods is subject to:
      • these terms and conditions of sale;
      • our Privacy Policy;
      • our Terms of Use; and
      • any other terms, policies or notices published on the Site, (collectively, Terms).
  • Please read these Terms carefully. By clicking ‘I agree’ you signify you have read, understood and agree to be bound by the Terms.
  • If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not purchase Goods.
  1. Purchasing Goods
  • You must create an Account to purchase Goods on the Site.
  • You can create an Account, if you:
    • are an Australian resident;
    • are at least 18 years old;
    • have a PayPal account (PayPal Account); and
    • possess the legal right and ability to enter into a legally binding agreement.
  • To create an Account, you must:
    • provide certain information, including your name, contact details and financial information;
    • provide PayPal with all information required by PayPal to process payments for Goods you order on the Site;
    • create a user name and password; and
    • agree to the Terms.
  • The information you provide us when creating your Account must be accurate and complete. We will handle all personal information we collect in accordance with our Privacy Policy. PayPal will handle all personal information it collects in accordance with its privacy policy.
  • By creating an Account, you represent and warrant to us that each of the following statements is true:
    • you have the right and capacity to agree to these Terms; and
    • you will comply with these Terms.
  • Once you create an Account, you will be able to make orders for Goods on the Site.
  • Your Account
    • You are responsible for maintaining the confidentiality and integrity of your Account, including taking all necessary steps to keep your username and password secure, and for all use and activity carried out on your Account.
    • If you believe or suspect there has been unauthorised access to your Account, we suggest you change your password and contact us.
    • You must keep your Account information up-to-date and accurate at all times.
  1. Sale of Goods
  • Making an order
    • To purchase Goods, you must make an order under your Account.
    • Once you make an order, we will email you to confirm we have received your order. This acknowledgement does not constitute our acceptance of your order.
    • We are under no obligation to accept any order and we reserve the right to accept or reject any order request. If we reject your order after your payment has been processed, we will instruct PayPal to refund you any money debited from you to the same card.
    • We reserve the right to ask you to provide additional details or to verify your identity before we process your order.
  • Availability of Goods
    • All orders are subject to availability of the Goods requested. If we are unable to fulfil your order or any part of your order, we will instruct PayPal to refund you the price paid for the Goods that are unavailable.
    • We reserve the right to restrict the quantity of goods for any one order.
  • Changing or cancelling an order

Once you receive confirmation from us that your order has been posted, you cannot make any changes to, or cancel, your order. You may cancel your order before you receive this confirmation from us by emailing us at info@selvaeyewear.com

  • Product recall

In the event of a product recall, you must provide us and, where applicable any third party, such assistance as we or a third party reasonably request.

  • Delivery
    • The costs of delivery are as follows: Free Standard Shipping within Australia
    • The estimated timeframe for delivery is as follows: Standard 2-6 days, Express Post 1-3 days
    • Individual orders you place cannot be consolidated. For clarity, delivery and handling fees will apply to each individual order you make.
    • All orders are posted through the postal services provided by Australian Post. When we email you to confirm your order has been posted, we will include a tracking number to allow you to keep updated on the location of your order.
    • All orders require signature on delivery. If you are not present at the nominated address to accept delivery, then your order will be taken to your closest local post office. Australia Post will inform you of the post office to which your order has been taken by leaving a note to this effect in your letterbox.
  • Price and payment
    • Prices displayed on the Site are in Australian Dollars and, if GST applies, are inclusive of GST.
    • Prices for the Goods are separate and distinct from delivery and/or handling fees.
    • We reserve the right to change or alter prices without notice to you. Subject to clause 3.11(c) , if you have already submitted an order at a particular price, we will supply the Goods comprising that order at that price.
    • Payment for the Goods and any applicable delivery and/or handling fees must be paid in full at the time you place your order.
    • We do not collect or store your debit or credit card information. For more information on our information collection and handling practices, please view our Privacy Policy.
    • Your order will not be dispatched until payment has cleared. In the event your payment does not clear, we will cancel your order.
  • Discount codes
    • We may offer promotional discount codes to be used on the all or part of the Site.
    • Any offer we make with respect to promotional discount codes will be subject to specific conditions which we will make available at the time of offer.
  • Change of mind
    • You may exchange, receive a credit note or refund for Goods if you change your mind, provided:
      • the Goods are returned in new, unworn condition with original tags; and
      • you provide us with proof of purchase.
    • We will not provide a refund due to change of mind for discounted Goods.
  • Repair, replacement or refund
    • If you request a refund from us because you believe the Goods fail to meet a consumer guarantee (Defect Notice), then:
      • if a minor fault is established, we will repair or replace the Goods or refund you the money paid for the Goods within a reasonable time of receiving a Defect Notice;
      • if a major fault is established, you may elect to:
        • request a refund or a replacement; or
        • receive a refund.
      • Before we can repair or replace Goods, or issue you a refund, we will need to assess the Goods.
      • You will bear the initial costs associated with returning the Goods to us for assessment. We will compensate you for your reasonable postage and packing costs if we are satisfied the Goods are faulty, subject to you providing us with proof of the postage and packing costs you incurred in returning the Goods to us.
      • Before you return the Goods to us, we will provide you with an estimate of any transport or inspection costs that will apply if we determine the Goods are not faulty. For clarity, you do not have to return faulty Goods in their original packaging to exercise your rights under clause9(b).
    • Refunds

We or our agent will process any refunds within a reasonable time. Any money we refund to you will be credited to the same account from which the original payment was made.

  • Errors and inaccuracies
    • The Site may contain incorrect or inaccurate information, including information relating to the price of goods, product description or availability.
    • We reserve the right to update or correct any incorrect or inaccurate information at any time without notice. We further reserve the right to reject any order that has been placed in reliance on incorrect or inaccurate information.
    • If after confirming your order we become aware that your order (or any part thereof) is affected by an inaccuracy or error with respect to the price, we will notify you as soon as possible of the error and give you the option to purchase the good/s affected by the inaccuracy or error at the correct price or cancel the order. If we do not hear from you within two (2) calendar days, we will cancel your order in full and issue you with a full refund.
  1. Intellectual property rights
  • We own or are the licensee of all Intellectual Property Rights in and to the Goods.
  • We grant you a revocable, worldwide, non-assignable, non-transferable licence to use Goods you purchase on the Site for your personal, non-commercial use in accordance with these Terms.
  1. Privacy and Data Collection
  • In consideration for us providing you the Site, you agree to us collecting your Personal Information.
  • The Personal Information we collect about you includes:
    • your name, contact details, age, gender or date of birth;
    • your delivery address;
    • device information, IP address and standard web log on information; and
    • information relating to your preferences and opinions.
  • We may collect the following types of Sensitive Information about you:
    • health information; and
    • genetic information.
  • We will only collect, use or disclose your Sensitive Information if it is reasonably necessary to carry out our functions or activities and we have your consent.
  • We collect your Personal Information:
    • to supply you with our Goods;
    • to send you promotional and marketing information relating to our products and services and those of our partners (if you have authorised us to do so);
    • for purposes reasonably necessary to our usual functions and activities, including planning, service development and research purposes; and
    • for purposes otherwise outlined in our Privacy Policy.
  • We may also disclose your Personal Information to:
    • our Representatives, Related Bodies Corporate and Related Entities;
    • our business partners;
    • our third party service providers;
    • any third parties authorised by you; and
    • government, regulatory authorities and any tribunal or court, if required or authorised by Law, or otherwise with your consent.
  • We may disclose your personal information to our third party service providers who assist us with our business functions. These entities may have servers in and operate out of locations outside Australians. As some of these entities are of a global nature, we cannot say with certainty where their servers are located or the countries out of which they operate. Further, these locations may be subject to change without notice to us. You can choose not to provide us with your Personal Information. However, if you do not provide us this information we cannot supply you with our Goods.
  • Please review our Privacy Policy for more information on:
    • how we store and use your personal information;
    • our overseas disclosures;
    • how you may access and correct your Personal Information;
    • how you can lodge a complaint regarding the handling of your Personal Information; and
    • how we will handle complaints.
  1. Limitation on liability
  • To the fullest extent permitted by Law and subject to clause 6(d), we are not liable to you for any loss or damage you suffer or incur as a result of or in connection with the Goods.
  • We expressly exclude liability for special, indirect or consequential damages, include loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
  • To the fullest extent permitted by Law, if we become liable to you for loss or damage, such liability will be limited to the price you paid for the Goods in respect to which the liability arose.
  • The limitation expressed in clause 6(a) does not apply to our liability for loss suffered or incurred by you in respect of:
    • fraud or other unlawful acts;
    • gross negligence; or
    • liability that cannot be limited or excluded by Law, including under the Australian Consumer Law.
  • For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify or have the effect of excluding, restricting or modifying any rights you may have under the Australian Consumer Law.
  1. Indemnity
  • You agree to indemnify us against all losses, damages, liabilities, claims and expenses (including legal costs) incurred by us arising out of or in connection with your use of the Goods, except to the extent we cause or contribute to such loss, damage, liability, claim or expense.
  • We reserve the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.
  1. Changes to the Terms
  • We may, from time to time, amend the Terms in whole or part, in our sole discretion and without notice to you except as provided in this clause 8.
  • Any changes to the Terms will be effective immediately upon the posting of the revised Terms on the Site.
  • Depending on the nature of the change, we may announce the change on the Site home page or by email. However, in any event, by continuing to use the Site following any changes, you will be deemed to have agreed to such changes.
  1. Severability

If any part of these Terms is void, unlawful or unenforceable, then that part will be ineffective to the extent it is void, unlawful or unenforceable, without affecting the validity and enforceability of any remaining provisions.

  1. Jurisdiction and Laws
  • These Terms are governed by the Laws in force in Victoria, Australia.
  • Any dispute between you and us regarding any matter arising out of or in connection with these Terms will exclusively be heard by the courts of Victoria, Australia.
  1. Definition and interpretation
  • Definitions

In these Terms the following definitions apply:

Account means an account created by a user in accordance with these Terms;

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

Goods means any products we offer for sale on the Site;

GST has the meaning given to it in the A New Tax System (Goods and Services) Act 1999 (Cth);

Intellectual Property Rights includes all industrial and intellectual property rights, and includes any patents, registered designs, copyright (including future copyright), trade or service marks (whether registered or unregistered), trade secrets, know-how, rights in relation to circuit layouts, or other proprietary right, and applications for, and rights to apply for, registration of any of the foregoing;

Law means any rule of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation;

Personal Information has the meaning given to it in the Privacy Act;

Privacy Act means the Privacy Act 1988 (Cth);

Privacy Policy means our privacy policy

Sensitive Information has the meaning given to it in the Privacy Act;

Site means the website located at www.selvaeyewear.com which is owned and operated by us;

We or us means Selva Eyewear Pty Ltd (ACN 607 376 189); and

You or your means is a reference to a person who has agreed to be bound by these Terms.

  • Interpretation

In these Terms:

  • if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  • words such as including or for example do not limit the meaning of the words preceding them; and
  • parties must perform their obligations on the dates and times fixed by reference to Melbourne, Victoria.

 

Selva Eyewear – Website Terms of Use

  1. Overview
    • Selva Eyewear Pty Ltd (ACN 607 376 189) (we or us) supply eyewear through the website located at selvaeyewear.com (Site). The Site is owned and operated by us.
    • Access to and use of the Site is subject to:
      • these terms and conditions;
      • our Privacy Policy; and
      • any other terms, policies or notices published on the Site,

(collectively, Terms).

  • If you access or use the Site, then we will treat your access or use as your consent to compliance with the Terms.
  • If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not use the Site.
  1. Access of Site
    • To access the Site, you must:
      • be at least 18 years old; and
      • possess the legal right and ability to enter into a legally binding agreement.
    • You can access some functions of the Site without registering an account however you can only access certain functions if you are a registered user of the Site.
  2. Use of Site
    • Acceptable use

You must:

  • use the Site for lawful purposes only;
  • not infringe any intellectual property rights or any other contractual or proprietary rights of another person;
  • not do any act, engage in any practice or omit to do any act or engage in any practice that:
    • is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;
    • is harmful to our systems, reputation or good will;
    • would cause us to breach or to be taken to breach a law or that might subject us to regulatory action;
    • would bring us into disrepute; or
    • interferes with the integrity or supply of the Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
  • not create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
  • not restrict, or attempt to restrict, another user from using or enjoying the Site; or
  • not encourage or facilitate violations of the Terms.
  1. Intellectual property rights
    • We own or are the licensee of all rights, title and interest (including intellectual property rights) in the Site and in or to the material (including all text information and content, graphics, logos and software) made available to you in providing the Site (together, the Site Content).
    • Your use and access of the Site does not grant or transfer any rights, title or interest to you in relation to the Site Content.
    • You may view the Site using a web browser or mobile device, and electronically copy and print one hardcopy the Site Content solely for your personal, non-commercial use.
    • You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, sell, transfer, or sell any Site Content or any other material in whatever form contained within the Site unless expressly provided otherwise in these Terms.
  2. User Content
    • You are solely responsible for any material, content or data that you:
      • post, publish or otherwise transmit through the Site; or
      • obtain through accessing or using the Site,

(together, User Content).

  • Your User Content must:
    • be accurate and complete;
    • not infringe any third party intellectual property rights or any other contractual or proprietary rights of a third party; and
    • not infringe any law.
  • You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.
  • You consent to any act or omission which would otherwise constitute an infringement of your moral rights. If a third party has moral rights in your User Content, you must ensure the third party consents in the same manner.
  • We reserve the right, but do not assume the obligation, to remove, screen or edit User Content that violates these Terms or is otherwise objectionable, as determined by us in our sole discretion.
  1. Third party links

The Site may contain links to websites, materials or resources operated and owned by third parties and not under our control. Those links are provided for convenience only and may not be current or maintained. Unless stated otherwise, we are not responsible for any content on those linked websites and have no control over or rights in those linked websites.

  1. Security
    • We will take reasonable steps to ensure supply of the Site is secure. However, given the nature of the Internet, we cannot guarantee that your access to the Site will be secure at all times.
    • You acknowledge and agree that you are solely responsible for:
      • the security, confidentiality and integrity of all information or data uploaded, downloaded or otherwise communicated while accessing the Site, including all your User Content;
      • keeping all passwords and usernames secure and confidential; and
      • protecting any device you use to access the Site from all security breaches and viruses (or any similar damaging components).
  1. Privacy

We will collect, use and disclose any personal information you provide us when accessing using the Site in accordance with our Privacy Policy.

For more information on our information collection and handling practices, please view our Privacy Policy.

  1. Disclaimer

To the fullest extent permitted by all laws, you acknowledge and agree that:

  • we do not control, endorse and are not responsible for any User Content;
  • we retain complete control over the Site and may alter, amend or cease the operation of the Site in our sole discretion;
  • we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Site;
  • we make no warranty or representation that the Site will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
  • we may remove any content, material and/or information, including User Content, without giving any explanation or justification for removing the material and/or information; and
  • we are not responsible or liable for the conduct of any user.
  1. Exclusions and limitation of liability
    • To the fullest extent permitted by law, we are not liable to you or to anyone else for any loss or damage you may suffer or incur in connection with your access or use of the Site, except to the extent we directly caused or contributed to the loss.
    • To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
    • To the fullest extent permitted by law, we exclude liability for special, indirect or consequential damages, including damages for loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit.
    • Nothing in these Terms is intended to limit or exclude your consumer guarantees under the Australian Consumer Law.
    • Pursuant to s64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), this clause applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by ss51 to 53 of the Australian Consumer Law) is limited at our option to:
      • the supply of the services again; or
      • the payment of the direct cost of having the services supplied again.
  1. Indemnity

You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, any User Content, your breach of the Terms or your breach of any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.

We reserve the right to assume exclusive control of any matter for which you are required to indemnify us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by us.

  1. Termination
    • We reserve the right to:
      • cease operating the Site, without notice and for any reason; or
      • to terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms;
    • If one of the events described in clause 12(a) occurs, then:
      • you will not have any access to Site Content or User Content; and
      • we will not be liable for any losses arising as a result of terminating your access to the Site.
  1. Changes to the Terms
    • We may, from time to time, amend the Terms in whole or part, in our sole discretion and without notice to you except as provided in this clause 13.
    • Any changes to the Terms will be effective immediately upon the posting of the revised Terms on the Site.
    • Depending on the nature of the change, we may announce the change on the Site home page or by email. However, in any event, by continuing to use the Site following any changes, you will be deemed to have agreed to such changes.
  2. Severability

If any part of these Terms is void, unlawful or unenforceable, then that part will be ineffective to the extent it is void, unlawful or unenforceable, without affecting the validity and enforceability of any remaining provisions.

  1. Jurisdiction
    • This Agreement is governed by the laws in force in Victoria, Australia.
    • The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.

 

Last update of these Terms of Use: 14 December 2017