TERMS & CONDITIONS
PRIVACY & SAFETY
TERMS AND CONDITIONS
Welcome to Visualise and Simplify Planning (VISIP). Please read the following Terms and Conditions along with our Privacy Policy before placing your order.
We reserve the right to modify these Terms and Conditions at any time without prior notice. Any changes will take effect immediately upon posting on our website. If you have any questions or do not understand these Terms and Conditions or our Privacy Policy, please contact us at info@visualiseandsimplify.com. If you do not agree with these Terms and Conditions, please refrain from using our website.
These Terms set your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.
(1) DEFINITIONS AND ACRONYMS
In these Terms, the following definitions apply:
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"ACL" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
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"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in Victoria.
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"Buyer", "you" or "“your" means you, the person or organisation that is purchasing the Products through our Website.
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"Confirmation" means an email which we send you to confirm that we have accepted your order, in accordance with the "Ordering From Us" clause of these Terms.
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"Delivery Date" means any estimated date for delivery of your Products, as stated on our website or otherwise communicated to you at the time of your purchase.
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"Goods and Services Tax" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) or any other applicable law.
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"Party" means either the Buyer or the Seller.
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"Parties" means the Buyer and the Seller collectively.
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"Price" means the price of our Products as published on our Website at the time that you make your purchase.
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"Products" means the products that you are choosing to purchase through our Website which may include but is not limited to goods.
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"Seller", "we", "us" or "our" means us, Visualise and Simplify
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"Terms" means these terms and conditions as updated from time to time.
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"Website" means our website located at www.visualiseandsimplify.com.au together with any affiliated websites or pages.
(2) INTERPRETATION
In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
(2.1) Words referring to one gender include every other gender.
(2.2) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(2.3) If a word or phrase is defined in these Terms then any grammatical variations of that word or phrase have a corresponding meaning.
(2.4) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.
(2.5) Any reference to time is a reference to time in Victoria.
(2.6) In the event that something must be done under these Terms on or before a particular date, if that date falls on a day which is not a business day, then that thing must be done on or before the next business day.
(2.7) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(2.8) Headings and titles are included in these Terms for convenience only and shall not affect the interpretation of these Terms.
(2.9) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by it.
(2.10) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.
(2.11) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.
(2.12) A reference to a Party also includes that Party's successors, assigns, legal personal representatives and/or any person that is substituted by way of novation.
(2.13) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.
(3) SALE
By making a purchase through our website, you are buying the Products subject to these Terms and you agree to be legally bound by these Terms.
(4) ORDERING FROM US
(4.1) Here we set out how a legally binding contract between you and us is made.
(4.2) You place an order on our site by doing the following:
The customer selects products to add to their basket, then clicks on the basket to proceed to checkout. Finally, the customer finalizes the process by clicking ‘pay now’ to confirm their order.
(4.3) Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
(4.4) When you place your order at the end of the online checkout process (e.g. when you confirm payment), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
(4.5) We may contact you to say that we do not accept your order. This is typically for the following reasons:
(4.5.1) the Product(s) are unavailable.
(4.5.2) we cannot authorise your payment.
(4.5.3) you are not allowed to buy the Product(s) from us.
(4.5.4) we are not allowed to sell the Product(s) to you.
(4.5.5) the number of Product(s) you have ordered is too large; or
(4.5.6) there has been a mistake on the pricing or description of the Product(s).
(4.6) We will only accept your order when we send you an email to confirm this ("Confirmation"). At this point:
(4.6.1) a legally binding contract will be in place between you and us; and
(4.6.2) your order will be fulfilled
(4.7) If you are under the age of 18 you may not buy Products from our site.
(5) DELIVERY OF PHYSICAL PRODUCTS
(5.1) If you want to see your delivery options, visit our webpage https://www.visualiseandsimplify.com.au before you place your order.
(5.2) The estimated date and time window for delivery of the Products is set out in the Confirmation.
(5.3) If something happens which:
(5.3.1) is outside of our control; and
(5.3.2) affects the estimated date of delivery.
then we will let you have a revised estimated date for delivery of the Products.
(5.4) Delivery of the Products will take place when we deliver them to the address that you gave to us.
(5.5) We may be unable to deliver the Products if we are unable to properly identify you. Please be prepared to provide a form of ID (passport or driving licence) on delivery of Products.
(5.6) Unless you and we agree otherwise, if we cannot deliver your Products within 30 days, we will:
(5.6.1) let you know.
(5.6.2) cancel your order; and
(5.6.3) give you a refund.
(5.7) If nobody is available to take delivery, please contact us using the email address below.
(5.8) You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.
(5.9) We may deliver your Products in instalments. To check if your Products may be delivered in this way, click on the check the delivery details during the online checkout process.
(6) PAYMENT
(6.1) We accept the following means of payment:
ï‚· Mastercard
ï‚· Visa
ï‚· Debit Card
ï‚· PayPal
ï‚· AfterPay
(6.2) We will do all that we reasonably can to ensure that all the information you give us when paying for the Products is secure by using an encrypted and secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
(6.3) Your credit card or debit card will only be charged when you confirm your order.
(6.4) All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time, we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.
(6.5) If your payment is not received by us and you have already received any Products, you:
(6.5.1) must pay for such Products within 30 days: or
(6.5.2) must return them to us as soon as possible. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the Products) and not use them before you return them to us.
(6.6) If you do not return any Products (such as where you have not paid for them) we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.
(6.7) The price of the Products:
(6.7.1) is in Australian dollars ($AUD);
(6.7.2) includes GST at the applicable rate; and
(6.7.3) does not include the cost of delivering the Products (delivery options and costs will be provided before you place your order).
(7) PRICES
(7.1) The Prices for our Products may be updated from time to time.
(7.2) Up to date Prices for our Products are published on our website.
(7.3) By making a purchase on our website, you agree to the up-to-date Price(s) for your selected Products, as published on our website at the time of your purchase.
(8) TAXES, DUTIES AND OTHER CHARGES
(8.1) Unless otherwise stated, our Prices do not include Goods and Services Tax, insurance, shipping and/or delivery costs and import charges (such as customs duties or levies) or other applicable taxes of duties.
(8.2) By making a purchase on our website, you acknowledge that you are responsible for any Goods and Services Tax, insurance, shipping costs and import charges (such as customs duties or levies) or other applicable taxes of duties.
(9) SHIPPING AND DELIVERY COSTS
(9.1) Unless otherwise stated, you agree to pay any applicable shipping and/or delivery costs related to your Products.
(9.2) Shipping and/or delivery costs vary depending on your chosen delivery method and delivery location.
(9.3) Applicable shipping and/or delivery costs are published on our website at the time of your purchase.
(9.4) By making your purchase, you agree to the applicable shipping and/or delivery costs as published on our website or communicated to you at the time of your purchase.
(10) SOLD "AS IS"
You agree that the Products are being sold "as is", without any warranty of any kind, either express or implied (except as required by law), regarding the condition of the Products. You expressly disclaim any implied warranties of merchantability or of fitness for a particular purpose.
(11) TITLE
Title to the Products will remain with the us until we have received the Purchase Price in full together with any applicable taxes, duties, shipping or delivery costs or other fees or charges payable to us by you in relation to your Products.
(12) LIMITATION OF LIABILITY
(12.1) The Buyer may have certain rights under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws.
(12.2) The ACL may give the Buyer certain rights, warranties, guarantees and remedies regarding the provision of goods or services by the Seller, which cannot be excluded, modified or restricted by the Seller ("Statutory Rights").
(12.3) The Seller's liability to the Buyer is governed solely by the ACL and by these Terms. To the maximum extent permitted by law, and except as otherwise expressly provided in these Terms, the Seller excludes all conditions and warranties implied by custom, law or statute, except for the Buyer's Statutory Rights, and the Seller expressly disclaims all warranties of any kind including but not limited to implied warranties that the Products are fit for a particular purpose.
(12.4) The Buyer hereby agrees that the Buyer is solely responsible for evaluating the Products and for determining whether the Products are fit for the Buyer's purpose.
(12.5) The Buyer hereby agrees that the Seller is not liable for any direct, indirect, consequential or incidental loss or damage which may result from the Buyer's use of the Products. For the sake of clarity, in no event will the Seller be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, or loss of data, even if the possibility of such loss was made known to the Seller.
(12.6) When the Buyer's Statutory Rights apply, to the maximum extent possible, the Seller's liability in respect of any claim is limited to, at the Seller's option:
(12.6.1) A repair of the Products; or
(12.6.2) A replacement of the Products; or
(12.6.3) A refund of the Purchase Price paid by the Buyer.
(12.7) The Seller's failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(12.8) Subject to the sub-clauses below titled "Exceptions", we shall not be liable for any of the following (whether direct or indirect):
(12.8.1) loss of profit.
(12.8.2) loss or corruption of data.
(12.8.3) loss of use.
(12.8.4) loss of production.
(12.8.5) loss of contract.
(12.8.6) loss of opportunity.
(12.8.7) loss of savings, discount or rebate (whether actual or anticipated); or
(12.8.8) harm to reputation or loss of goodwill.
(12.9) Exceptions:
(12.9.1) The limitations of liability set out above shall not apply in respect of any indemnities given by either party under these Terms.
(12.9.2) Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:
(12.9.2.1) death or personal injury caused by negligence.
(12.9.2.2) fraud or fraudulent misrepresentation;
(12.9.2.3) any other losses which cannot be excluded or limited by applicable law.
(12.9.2.4) any losses caused by wilful misconduct.
(12.10) This clause will survive the termination or expiration of these Terms.
(13) CONFIDENTIALITY AND INTELLECTUAL PROPERTY
(13.1) For the purpose of this clause, "Intellectual Property" may include but is not limited to:
any and all inventions, patents, utility models, design rights, copyright, know how, trade secrets, trademarks, trade names, confidential information, service marks and goodwill subsisting in, resulting from or relating to the Products, or any documents, drawings, specifications and/or patterns relating thereto either:
(13.1.1) supplied by us to you in connection with the Products, or
(13.1.2) supplied by us to you or disclosed to or obtained by you pursuant to or because of these Terms, or
(13.1.3) resulting from the Products, unless otherwise expressly agreed by the Seller in writing.
(13.2) You shall not, under any circumstances acquire any right in or to any Intellectual Property.
(13.3) We shall have the right to apply any trademarks, trade names and/or service marks to the Products. You acknowledge that no rights are granted to you by the use by you of such trade marks, trade names and/or service marks. You shall not deface, remove or obliterate any trademarks, trade names or logos applied by the Seller on or in relation to the Products.
(13.4) If you shall in any way acquire any such rights in any Intellectual Property then you shall immediately inform us and shall forthwith take such steps as may be required by the Seller to assign such rights or vest such title in us.
(13.5) The Parties each respectively acknowledge and agree that unless otherwise expressly agreed between the Parties, the terms of these Terms, and the fact that these Terms exists, are confidential.
(13.6) You shall keep confidential and not use, without the prior written consent of us, all or any information including without limit, that information supplied by us to you or disclosed to or obtained by you pursuant to or as a result of these Terms, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of yours, or disclosure of the same is required by law or by any other governmental or other regulatory body.
(13.7) This clause will survive the termination or expiration of these Terms.
(14) INDEMNITY AND INSURANCE
(14.1) You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us because of or in connection with your breach of any of your obligations under these Terms.
(14.2) You shall have in place contracts of insurance with reputable insurers incorporated in Australia to cover your obligations under these Terms. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all its terms from time to time applicable.
(15) RIGHTS OF THIRD PARTIES
No one other than a party to these Terms has any right to enforce any of these Terms.
(16) TERMINATION
(16.1) In addition to any other rights that are set out in these Terms, if either Party defaults in its obligations under these Terms ("Defaulting Party"), the other Party can terminate the contract created between us under these Terms by providing written notice to the Defaulting Party.
(16.2) If the contract that is created between us under these Terms is ended it will not affect our right to receive any money which you owe to us under this Terms.
(17) WARRANTIES REGARDING LEGAL ADVICE
(17.1) Each Party, (which for the purposes of this clause shall be referred to as the "Warranting Party" as the context requires) hereby respectively warrants:
(17.1.1) that the Warranting Party fully understands the terms of these Terms.
(17.1.2) that the Warranting Party has had the opportunity to obtain independent legal advice in relation to the matters addressed by these Terms and the Warranting Party has either:
(17.1.2.1) taken such independent legal advice; or
(17.1.2.2) elected not to take such independent legal advice.
(17.1.3) that the Warranting Party has not been induced to enter these Terms by any representation(s) made by the other Party or by any officer, employee, director, agent, contractor, assignee, successor or other representative of the other Party, except as provided in these Terms.
(17.2) This clause will survive the termination or expiration of these Terms.
(18) DISPUTES
(18.1) We will try to resolve any disputes with you quickly and efficiently.
(18.2) If you are unhappy with:
(18.2.1) the Product(s).
(18.2.2) our service to you; or
(18.2.3) any other matter.
please contact us as soon as possible using the details provided in the "Contact Us" clause, below.
(19) UPDATES TO THESE TERMS
(19.1) These Terms may be updated from time to time.
(19.2) The latest version of these Terms is displayed on our website and/or at the bottom of these Terms.
(19.3) By making a purchase on our website, you agree to these Terms, including any updates, as published on the Website at the time of your purchase.
(20) GENERAL PROVISIONS
(21) GOVERNING LAW: these Terms shall be governed in all respects by the laws of Victoria and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within Victoria.
(22) LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the English language.
(23) ASSIGNMENT: these Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party except with the other Party's prior written consent.
(24) AMENDMENTS: these Terms may only be amended in writing signed by both Parties.
(25) RIGHTS, REMEDIES AND POWERS: Unless expressly provided in these Terms, any rights, remedies or powers which a Party acquires under these Terms are cumulative and apply in addition to any rights, remedies or powers which that Party may otherwise have. Unless expressly provided in these Terms, nothing in these Terms shall in any way reduce, extinguish, postpone or otherwise limit any right, remedy or power which that Party may have.
(26) SURVIVAL OF OBLIGATIONS: At the termination or expiration of these Terms, any provisions of these Terms which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination and/or expiration.
(27) NO WAIVER: None of the terms of these Terms shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of these Terms between the Parties. No waiver of any term or provision of these Terms shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of these Terms shall not constitute waiver of such term or any other term.
(28) SEVERABILITY: If any provision or term of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in these Terms.
(29) ENTIRE AGREEMENT: In relation to the subject matter of these Terms, these Terms constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
(30) COUNTERPARTS: these Terms may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, these Terms is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
(31) FURTHER ACTS: Each Party must, and must ensure that its employees, agents and representatives, do all things and sign, execute and deliver all documents, agreements and instruments as reasonably required to give effect to these Terms and to the rights and obligations of the Parties created under these Terms.
(32) FORCE MAJEURE/EXCUSE: Neither Party is liable to the other for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. Seller is not liable for any delivery delay or non-performance caused by labor or transportation disputes or shortage, material delays, or delays or non-performance caused by any of Seller's suppliers. If Seller is unable to perform for any reason within 30 (thirty) days after the expected date of delivery, Seller may terminate these Terms in full and provide a complete and total refund to Buyer of any fees paid.
(33) CONTACT US
(33.1) If you do not understand any of these Terms and want to talk to us about it, please contact us by:
email: info@visualiseandsimplify.com.au
(34) LAST UPDATED
These Terms are current and up to date as of: 29th October 2024
By making a purchase on our website, you agree to be bound by these Terms.
TERMS & CONDITIONS
PRIVACY & SAFETY
PRIVACY POLICY FOR WEBSITE
This privacy policy (hereinafter "Privacy Policy") deals with the protection of Your privacy while You use Our website which is hereinafter referred to as "the Product" and which is located at: www.visualiseandsimplify.com.au
The Product is owned and operated by: Simone Ryan
We are committed to the protection of Your privacy while You use the Product.
This Privacy Policy only applies to the Product. The Product may contain links to other websites or applications, but if that is the case, the Privacy Policy does not apply to any of those linked websites or applications.
We gather certain information from users of the Product, so this Privacy Policy explains what information we collect, how we use it, and your rights in relation to it.
By continuing to use the Product You acknowledge that You have had the chance to review and consider this Privacy Policy, and You acknowledge that You agree to it. This means that You also consent to the use of Your information and the method of disclosure as described in this Privacy Policy. If You do not understand the Privacy Policy or do not agree to it then please do not use the Product.
1. DEFINITIONS
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"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Website, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.
"Content" means any content, writing, images, audiovisual content or other information published on the Product.
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"Effective Date" means the date that this Privacy Policy comes into force.
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"Goods" means any or all goods provided by or on the Product.
"Items" means any and all of the Product, Goods, Content and Materials collectively.
"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Goods or Product.
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"Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.
"Personal Information" means information that we obtain from You in connection with Your use of the Product.
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"Privacy Policy" means this privacy policy.
"Product" means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: www.visualiseandsimplify.com.au
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"Third Party Links" means links or references to websites other than the Website, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.
"Third Party Service Provider" means a third party, separate from Us or Our company but which provides services that assist Us in serving You. This may include but is not restricted to web hosting, IT services, security services, payment processing, deliveries, customer service, order fulfilment or other services.
"Us", "We", "Our" or "the Owner" refers to Visualise and Simplify.
"Us", "We", "Our" or "the Owner" also includes any employees, affiliates, agents or Visualise and Simplify.
"You" or "Your" refers to the user of the Website.
"Your Content" means any Content posted to or added to the Website, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
2. INTERPRETATION
a. In this Privacy Policy, unless the context otherwise requires, the following rules of interpretation shall apply:
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
IV. Headings and titles are included in this Privacy Policy for convenience only and shall not affect the interpretation of this Privacy Policy.
V. Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Privacy Policy and the events contemplated by it.
VI. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
3. TYPE OF INFORMATION AND HOW IT IS COLLECTED
a. When You use the Product, We may collect information from You through automatic tracking systems (such as information about your browsing preferences).
b. In addition, We may collect information that You volunteer to Us (such as information that You provide during a sign up process or at other times while using the Product).
c. In order to access some specific features of the Product, You are required to provide some Personal Information. During this process, We collect some of Your Personal Information, in the following manner:
I. We will not collect information that identifies You personally, except when You specifically volunteer that information to Us when using specific Product features. These specific Product features might include, but are not limited to:
A. making purchases
B. receiving notifications by text message or email about events and promotions
C. receiving general emails from Us
D. commenting on Our content such as blogs, articles, photographs or videos, or participating in Our forums, bulletin boards, chat rooms or other similar features
E. Participating in competitions and surveys
II. In addition to any Personal Information that You are required to provide in order to access these additional Product features, in some cases You may be required to provide more specific information. For example, in order to make purchases, You may need to provide credit card information, billing information and postal addresses.
d. From time to time We may request information from You to assist Us in improving Our Product, Goods, Content or Materials. For example, We may ask You to answer some questions about Your demographics, Your shopping preferences, or Your other preferences in relation to the Product.
4. COOKIES
a. Cookies are small files stored on Your computer or mobile device which collect information about Your browsing behaviour.
b. Cookies do not access information which is stored on Your computer.
c. Cookies enable us to tailor our configurations to Your needs and preferences, in order to improve Your user experience.
d. Most internet browsers accept cookies automatically, although You are able to change Your browser settings to control cookies, including whether or not You accept them, and how to remove them. You may also be able to set Your browser to advise You if You receive a cookie, or to block or delete cookies. However, if You do this, You may be prevented from taking full advantage of the Product.
5. HOW YOUR INFORMATION IS STORED
a. Please note that no systems involving the transmission of information via the internet, or the electronic storage of data, are completely secure. However, we take the protection and storage of Your Personal Information very seriously. We take all reasonable steps to protect Your Personal Information.
b. We use appropriate physical, digital, managerial and security systems to store Your Personal Information and to protect it against unauthorised access, destruction or disclosure.
6. THIRD PARTIES
a. We may provide some of Your Personal Information from time to time to Third Party Service Providers so that they can help us to serve You via the Product. In particular, We may use Third Party Service Providers to assist with information storage (such as cloud storage).
b. We may provide some of Your Personal Information to Third Party Service Providers for the purpose of analysing data or tracking usage. For example, We may use these services to find out where page requests come from, dates and times of page requests, details of any website that referred You to the Product and other details about Your usage of the Product. This information enables Us to understand patterns of usage of the Product, and to improve the Product.
c. We may use Third Party Service Providers to host the Product. If this occurs, that Third Party Service Provider is likely to have access to some of Your Personal Information.
d. We may use Third Party Service Providers to fulfil orders in relation to the Product.
e. For Your information, some of Our Third Party Service Providers may be located outside Australia and may not be subject to Australian privacy laws. The countries or regions in which our Third Party Service Providers may be located include:
________
f. However, We only share Your Personal Information with a Third Party Service Provider if that provider agrees to Our privacy standards as set out in this Privacy Policy.
g. Your Personal Information will not be sold or otherwise transferred to other third parties without Your approval.
h. Notwithstanding the other provisions of this Privacy Policy, We may provide Your Personal Information to a third party or to third parties in order to protect the rights, property or safety, of Us, Our customers or third parties, or as otherwise required by law.
i. We will not knowingly share Your Personal Information with any third parties other than in accordance with this Privacy Policy.
j. If Your Personal Information might be provided to a third party in a manner which is other than as explained in this Privacy Policy, You will be notified. You will also have the opportunity to request Us not to share that information.
7. RELATED ENTITIES
a. We may share Your Personal Information, including Personal Information that identifies You personally, with any of Our parent companies, subsidiary companies, affiliates or other trusted related entities.
b. However, We only share Your Personal Information with a trusted related entity if that entity agrees to Our privacy standards as set out in this Privacy Policy.
8. COMBINING INFORMATION
a. We may combine, link or aggregate some of Your information in order to obtain a better understanding of Your requirements. This may enable Us to better design the Product and may also assist with Our business or administration requirements.
b. We may also share aggregated information with third parties but only if that aggregated information does not contain any information that identifies You personally.
9. HOW YOUR INFORMATION IS USED
a. We use Your Personal Information to help us improve your experience with Our Product. We may use Your Personal Information for purposes including but not limited to:
I. order fulfilment.
II. providing customer service to You.
III. marketing and advertising to You including both direct and indirect marketing and advertising and including marketing and advertising about products that may interest You based on Your personal preferences or demographics.
IV. advising You about updates to the Product or related Items.
10. MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS
a. Part or all of Our business may be merged, restructured or sold including but not limited to through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, bankruptcy or insolvency proceedings.
b. In the event that such a merger, restructure or sale occurs as described in the preceding sub-clause hereof, We may transfer Your Personal Information, including personally identifiable information, as part of that merger, restructure or sale.
11. INFORMATION YOU RELEASE
You acknowledge and agree that if You publish or submit Personal Information in publicly accessible sections of the Product (such as forums, bulletin boards, chat rooms, or other similar sections), then You are solely responsible for the release of that Personal Information and We are not liable or responsible in relation to the release of that Personal Information.
12. EMAIL OPT IN/OUT
If You receive an email from Us in relation to the Product and would prefer not to receive such correspondence in the future, You may follow the instructions in the email to opt out of future correspondence. You may also contact Us, using the details at the bottom of this Privacy Policy, in order to opt out of future correspondence. We will make all reasonable efforts to promptly comply with Your requests. However, You may receive subsequent correspondence from Us while Your request is being handled.
13. ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION
a. You have the right to request access to any of Your Personal Information which We are holding.
b. You have the right to request that any of Your Personal Information which We are holding be updated or corrected.
c. In order to request access, an update or a correction to Your Personal Information, you may contact us using the details at the end of this Privacy Policy.
14. DISCLAIMER REGARDING SECURITY
By continuing to use the Product, You agree to the terms of this Privacy Policy. You acknowledge, agree and accept that no transmission of information or data via the internet is completely secure. You acknowledge, agree and accept that We do not guarantee or warrant the security of any information that You provide to Us, and that You transmit such information at Your own risk.
15. CHANGES TO THIS POLICY
a. We may make changes to this Privacy Policy at any time in Our sole discretion.
b. If We make changes to this Privacy Policy, unless We obtain Your express consent to those changes, then such changes will only apply to any information that We obtain from You after the date that the changes take effect.
c. If We make changes to this Privacy Policy, Your continued use of the Product after the date that the changes take effect confirms that You acknowledge, accept and agree to those changes.
16. COMPLAINTS
a. We take customer satisfaction very seriously. If You have a complaint in relation to Our handling of Your Personal Information, We will endeavour to handle it promptly and fairly. For Your information, an overview of Our complaints handling procedure is as follows:
I. Any complaints are forwarded to Our complaints officer for review. We aim to review all complaints within 7 days of receiving them (although this cannot be guaranteed). If necessary, the complaints officer may then refer the complaint to another section within Our organisation for consideration. If further information is required, We may contact You to request that information. If We accept fault in relation to the complaint then We will propose a resolution (which may or may not be the same as any resolution proposed by You). If We do not accept fault, then We will contact You to advise You of this. We aim to complete this entire process within 21 days, provided that We are provided complete information in the first place (although this cannot be guaranteed). However, if You do not provide complete information then this is likely to delay the handling of Your complaint.
II. All complaints should be provided in writing either by email or regular mail, using the contact details at the end of this privacy policy. Describe the nature of your complaint including any relevant dates, people involved, any consequences that have occurred, and what you believe should be done to rectify the issue. We will endeavour to respond within 21 days, although we cannot guarantee this.
III. If You are not satisfied with Our response to Your complaint, You may refer your complaint to the relevant external dispute resolution organisation in Your area.
17. CONTACT US
You can contact Us about this Privacy Policy using the following details:
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PAYMENT METHODS
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Credit / Debit Cards
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Afterpay
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PayPal