TERMS AND CONDITIONS
In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. You accept that by doing that, we will have provided you with sufficient notice of the variation of these terms and conditions and that you will be bound by the varied terms and conditions when you next visit this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
SPECIFIC WARNINGS
You must ensure that your access to this website is not illegal or prohibited by laws that apply to you. You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any links to other websites (linked websites). We do not accept liability for any losses arising directly or indirectly from any corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other in contravention of a person’s obligations as set out in these terms and conditions. You must indemnify us and our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password or username, whether or not you have authorised that person to use your password or username. Responsibility for the content of any promotional material or advertisements appearing on this website (including hyperlinks to advertisers’ websites) rests solely with the advertisers. The placement of such advertisements or promotional material does not constitute a recommendation or endorsement by us of the promoter or advertisers’ products or services, and each advertiser or promoter is solely responsible for any representations made in connection with its advertisement.
COPYRIGHT
Copyright in this website (including but not limited to text, graphics, logos, icons, sound recordings, Flash movies and software) is owned or licensed by us and in some circumstances, text and data appearing on this website may belong to third parties. In any event, other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means: adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website without our written permission.
TRADE MARKS
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks: in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website). In addition, the trade marks, names, logos and service marks displayed on the website may be unregistered trade marks. You must not use such in any way without our express approval in writing.
RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website or use it for commercial purposes. You warrant that you will not do any of the following things in connection with you accessing, browsing or using the website: (a) violate any laws, third party rights, or any of our policies; (b) hide or spoof your IP address; (c) intentionally bounce your communications through any intermediate computers; (d) alter any logs upon gaining access to the website; (e) interfere with the technological operations of the website; (f) manipulate or attempt to manipulate any content or material on the website; (g) post or attempt to post any false, inaccurate, misleading, illegal or defamatory content on the website; (h) use any robot, spider, search engine, scraper or other means (whether manual, automated, mechanical, electrical or otherwise either existing or that may be invented or discovered in the future) to access the website or to do any of the acts described paragraphs (a) to (h) above, for any purpose other than the normal purpose for which the website is intended; (i) assisting, being involved in, or procuring directly or indirectly any of the acts specified in paragraphs (a) to (h) above or engaging in conduct that is substantially similar to paragraphs (a) to (h) above or having a substantially similar effect. If we become aware that you have violated any of the clauses of these terms and conditions, we may immediately take corrective action without notice to you, including preventing you from accessing, browsing and/or using the website. If we have been injured by your violation we may, in our sole discretion, take such action against you that we deem necessary to protect our rights.
ACCURACY OF INFORMATION ON THE WEBSITE
All material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, we provide no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete. We will not be liable for any loss or damage whatsoever, whether in an action in contract, negligence or other tort or in respect of any cause of action, suit, claim, demand, cost, penalty, liability, charge and/or expense of every description (including, without limitation, any loss suffered by you as a result of adverse publicity) arising out of or in connection with your access to the website or the content of the website. All warranties of any kind are excluded to the maximum extent permitted by law. We make no guarantee as to the usefulness of the content of the website, nor of any of the products or services promoted on the website or via linked websites. If you wish to link your site to this website, you may only link to the home page. You may not link to any other pages within this website without our prior written approval.
LINKED WEBSITES
This website may contain links to other linked websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
DISCLAIMER
We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. To the extent permitted by law, any condition, warranty or guarantee mandated that would otherwise apply these terms and conditions is hereby excluded. Where legislation mandates any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods provided by us: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired. (b) if the breach relates to services provided by us: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
EXCEPTION TO DISCLAIMER
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Further, while secure and continuous access to the website is sought to be provided, we do not guarantee continuous or secure access to the website and operation of the website, as the same may be interfered by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, time, goodwill, or reputation, or any special, indirect, or consequential loss or damages arising out of your use of the website.
INDEMNITY
To the maximum extent permitted by law, you agree to indemnify and forever hold us and our Associates and Related Bodies Corporate (as those terms are defined in the Corporations Act 2001 (Cth)), harmless from any claim or demand made by any third party due to or arising out of a breach by you of these terms and conditions (including without limitation, our reasonable legal fees), or violation by you of any law of any country or of the rights of a third party. Any indemnity given in favour of a person who is not a party to these terms and conditions is intended to be, and is, directly enforceable by each such person, and these terms and conditions operate as a deed poll in favour of those persons. Each indemnity in these terms and conditions is a continuing obligation, separate and independent from your other obligations and survives termination of these terms and conditions.
TERMINATION OF ACCESS
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survives any such termination.
PRIVACY
By accessing, browsing and/or using the website, you agree to our Privacy Policy. Except for information covered by our Privacy Policy, any communication or material you transmit to the website by electronic mail or other means, including any data, comments, questions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes our property and may be used for any purpose, provided that we will refrain from infringing your moral rights. We are free to use, without compensation to you, any ideas, concepts, know-how, or techniques in any communication you send to the website for any purpose whatsoever. You should also be aware that non-personal information and data may be automatically collected through the use of ‘cookies’. Cookies are pieces of information that a website can use to recognise repeated usage, facilitate the users on getting access to and use of the website. Cookies allow a website to track usage behaviour and compile aggregate data that will allow content improvement and targeted advertising. Many websites use cookies. Most internet browsers are preset to accept cookies. If you prefer not to receive any cookies, you can adjust your internet browser to refuse to accept cookies, or to warn you when cookies are being used.
GOVERNING LAW
These terms and conditions are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
GENERAL
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
PRIVACY POLICY
We are committed to ensuring the privacy of individuals and we will endeavour to abide by the National Privacy Principles, as set out in the Privacy Act (Cth) 1988. This Policy sets out how we collect, use and manage personal information that we receive about individuals, and deals with the following: The Privacy Act 1988 Collection, use and disclosure of personal information Protection of personal information Your rights of access to personal information we hold about you How to contact us
PRIVACY ACT 1988
The Privacy Act 1988 (the Act), regulates the way in which many private sector organisations in Australia collect, use, store and disclose personal information. Personal information is defined under the Act as: “…information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.” The Act aims to give people greater control over the way information about them is handled, by requiring organisations to comply with ten Australian Privacy Principles or to establish an approved privacy code. The Australian Privacy Principles cover areas such as collection, use and disclosure of personal information, data quality and security and access and correction rights for individuals.
HOW WE COLLECT PERSONAL INFORMATION
We generally collect personal information directly from the relevant individual but in some cases we may collect it indirectly from a third party. There may be other circumstances in which we may collect personal information about an individual, such as the operation of our website.
INFORMATION ABOUT INDIVIDUALS
Personal information collected by us generally comprises name, address, and contact details (including telephone, facsimile and e-mail). Personal information is only accessible by authorised personnel or authorised service providers who use the information accurately to administer our business or to provide you with our products and services.
WHY DO WE NEED YOUR PERSONAL INFORMATION?
The personal information that we collect is used by us to conduct our business and is also used in conjunction with the provision of goods and services to you. Personal information may also be used in connection with: Administering our customer relationships; Monitoring and evaluating products and services; Assisting customers with queries; Taking measures to detect and prevent fraudulent conduct; and Performing and responding to obligations that we have to regulatory or governmental authorities.
THIRD PARTY SERVICE PROVIDERS
There are other organisations that are connected to the services we provide to you and which may have access to your personal information. They include: Auditors and Legal Advisers – organisations that ensure we are complying with legislation and contractual obligations. Insurance companies – organisations which provide insurance cover for our assets. IT service providers – organisations maintaining our information technology systems and providing information technology services. We will only disclose personal information to these organisations to enable them to undertake specified management and administration services. We require our service providers to adhere to strict privacy guidelines and not to keep this information or use it for any unauthorised purposes.
LEGAL DISCLOSURE REQUIREMENTS
We will also disclose personal information in circumstances where we are required by law to do so. This includes disclosure to certain courts, tribunals and regulatory authorities as authorised or required by law.
OTHER PEOPLE AUTHORISED BY YOU
Where a person authorises another party to receive information and/or undertake transactions, the authorising person must notify us in writing.
USE OF GENERAL STATISTICAL INFORMATION
From time to time we may use general statistical information for future planning so that we can improve our business. If you do not consent to us doing so, please let us know.
DIRECT COMMUNICATION
We may send communication material to you from time to time, such as direct communications (which may include information from third parties) about special offers and promotions that are available for you, where you have elected to be included in our mailing list. If you do not want us to use your personal information to send you direct marketing material, then please use our Contact Us form. In the case of e-mail communications, you may request to “unsubscribe” from our e-mails. Once you have unsubscribed from our mailing list, we will refrain from contacting you unless we are directed to do so by any governmental or regulatory authority or in the case of an emergency situation.
HOW WE MANAGE YOUR PERSONAL INFORMATION?
We take reasonable steps to keep any personal information which we hold about you secure, and to keep that information accurate and up to date. Internally we have controls and procedures to ensure that personal information provided to us remains confidential. All our staff are bound by strict rules and duties of confidentiality. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, however, we cannot guarantee the security of any personal information transmitted to or from our website, and we are not responsible for the actions of any third party that may receive such personal information.
CAN YOU SEE THE PERSONAL INFORMATION WE HAVE ABOUT YOU?
You have a right to know what information we hold about you, and you can contact us and ask us to show you this information to ensure it is correct. Please note that information that we hold about you may be subject to the requirements of various regulatory or governmental authorities. In that regard, we will comply with the requirements of those regulatory or governmental authorities in releasing any information to you. If you would like to review or make any corrections to your personal information you can contact us in writing at the address designated in this document. Under the National Privacy Principles there are limited circumstances in which access to some or all of this information may be denied. If this applies to you, we will explain this to you when you ask for your information. Otherwise we will endeavour to provide you with your information within a period of 30 days, depending on the amount of information required.
COOKIES
At times, we may utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
HYPERLINKS TO OTHER WEB SITES
This website may contain hyperlinks to web sites owned and operated by third parties. These third party web sites have their own privacy policies and we urge you to review them. They will govern the use of personal information you submit whilst visiting these third party web sites. We do not accept any responsibility or liability for the privacy practices of such third party web sites and your use of such web sites is at your own risk.
AMENDMENT TO POLICY
We may discontinue or amend any part or the whole of this policy from time to time at our absolute discretion. We will provide you with notice of any variation or amendment to this policy by publishing the varied policy on this website. You accept that by doing that, we will have provided you with sufficient notice of the variation of this policy and that you will be bound by the varied policy when you next visit this website. Your continued use of the website following such notification will represent an agreement by you to be bound by this policy as amended.
Need help?
Contact us at info@tomastruffles.com.au for questions related to refunds and returns.