Website Terms and Conditions
Effective Date: 11 January 2020
We would appreciate if you would take some time to read the conditions set out below as they apply to your use and enjoyment of our Site.
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing any products or services, you warrant that:
(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
(b) have read and accepted these Terms; and
(c) will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services, products or the content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
CREATING AN ACCOUNT
To place orders and access some features of the Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, in our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at anytime without advance notice to you. If you’ve purchased our products or services, it will be charged at the price in force at the time a customer’s order is validated.
We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the product or service.
We may from time to time provide discounted products and / or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer visitors who want to purchase from our Site the option to pay for the products and / or services by credit card or such other method of payment as notified by us from time to time. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.
INFORMATION AND ADVICE
Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.
We do our best to ensure that the colours of any products are accurately displaced, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.
By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of this Site, you may be invited to submit a review, you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback or comments, you represent and warrant that (a) you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions) (b) give us permission to post or otherwise use that feedback on our social media or other channels and (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968(Cth) in the content you provide us; (d) the content does not violate these Terms; and (e) you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains (a) libelous or otherwise unlawful, abusive or obscene material; (b) attacks our employees or another contributor; (c) contains material that discloses your personal information; or (d) is unrelated to the post or content to which you have reviewed or commented on.
Our Site and social media channels may feature user reviews of the products and/or services as well as blogs by guest bloggers, these reviews and content of the guest blogs in no way represent the views or opinions Ubuntu Collective or its owners, shareholders, employees or others, but are the sole product of its creator. We disclaim all liability with respect to any content submitted by the user or guest blogger.
We may from time to time run competitions through this Site and / or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition. The laws of the State of Queensland, Australia will govern all competitions run by us.
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:
they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia.
Effective Date 11 January 2020.
Your Privacy and Ubuntu Collective (ABN: 68 762 046 688) (collectively and individually referred to as “Ubuntu Collective”, “we”, “our”, or “us”).
Who we are and how you can contact us
You can contact us for privacy related questions by emailing us at firstname.lastname@example.org.
We will only use your personal information in compliance with Australian Privacy Laws (Privacy Act (1988 (Cth)), Australian Privacy Principles and to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage or transmission of personal data.
Our Role in your Privacy
As we are the providers of the products and services on this Site, we determine how and why your data is processed. We do not sell or rent your details to any third parties. We are committed to protecting your privacy and we want you to know exactly what information is collected and how we use it.
When and How we collect Data
From the moment you visit our Site, we are collecting data, sometimes you might provide this data by completing a form or setting up an account, otherwise we might collect the data automatically. We may also collect data when:
You purchase a gift card for redemption on our Site
You interact with us on social media
You complete any sign-up forms, landing pages or send us a direct message via social media or an email to any of our nominated emails
You participate in promotions and giveaways or any request for additional data such as customer surveys
You accept our cookies and other tracking technologies on any device you use to interact with us
You voluntarily submit your data to us for any reason
Types of Data we may collect (including automatically)
Contact details (name, address, email)
Financial Information (bank details when you are making a purchase)
Data about the products or services you purchase
Data that identifies you (your IP address, login, browser type, time zone, browser plug ins, geolocation, what operating system and version)
Data on how you use our Site (URL clicks, products and services views, how long you are on our pages and other actions)
How and why we use your Data and disclosure
Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.
We will use your data for the purposes it was collected and related purposes including:
To run our Site
Provide you with products, information and services
Track your purchase history
Detect and prevent fraud
Improve our Site
Make your experience on our Site more efficient and enjoyable
Market research e.g. we may contact you for feedback about our products and services
Provide you with information about events, other products or services or opportunities that may be of interest
Marketing (with your consent)
Monitor your compliance with our Website Terms and Conditions
We may disclose your data for the purposes it was collected and also:
As required by law subject to our obligations
With your consent
Within our business
Send you marketing material (with your consent)
Process your participation in any promotions and giveaways (including contacting you if you win, displaying your name online and on our social media platforms)
Share with third parties to enable us to provide our products and/or services
We do not collect any sensitive data about you. Sensitive data includes but is not limited to data that includes details about your ethnicity, rate, religious or philosophical beliefs, sexual orientation, political opinions and health information.
GOOGLE ANALYTICS AND FACEBOOK
WHAT ARE YOUR CHOICES?
Dont provide us with personal data
You can choose not to provide us with any personal data. However if you do this, we will not be able to provide you with any products or services, however, you can continue to use our Site and browse the pages of our Site.
Turning off cookies
Dont want marketing?
We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved we will obtain your consent (which you can withdraw at anytime). You can change your mind about marketing material by opting out by (a) completing the contact us form on our contact page or by unsubscribing within the email if you have previously subscribed to our newsletter.
What are your rights?
You can exercise your rights at anytime by by email at email@example.com
You can access information we hold about you
We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We will tell you if we cant comply with your request and why.
You can contact us to ask us to correct any information we hold about you, that you believe is inaccurate.
Objections to using data for profiling or automated decisions
We may use your data to determine what products and services are relevant to you (e.g. tailoring our emails based on your behaviour). Otherwise, the only circumstances in which we will use this data is to provide our products and services to you.
You have the right to be forgotten
You have the right to request for your data to be erased. This means we have to delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.
You have the right to make a complaint regarding the use of your data
If you have any complaints regarding how your data is handled, please contact us via email at firstname.lastname@example.org If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner.
How secure is the data collected
We realise that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data. This includes the following:
Password access to accounts
Storing electronic data with reputable third party storage providers who have appropriate security protections
Limit access to personal information to individuals who need to know.
Using payment providers who are PCI DSS compliant
We do not store your payment details
Where do we store data
We use service providers based around the world. Consequently, your data may be processed in countries outside of Australia. If we transfer personal data outside of Australia, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared.
How long do we store data
We will keep your data for as long as we need it and this period will also depend on your interactions with us. If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we no longer need to keep your information, we will delete it.
Third parties who process your data
We share data with third parties in the following circumstances:
Other companies in our group of companies, as necessary to operate our Site
Our suppliers and service providers working for us e.g. payment processors
Our professional and legal advisors
Third parties engaged in fraud prevention and detection
Law enforcement or other government authorities
Where we have your consent to do so or otherwise where we are legally permitted to do so
Share with third parties who enable us to provide our products and services which may include:
payment processors such as Stripe, PayPal, Xero, Shopify who may process your payment for any products and services bought from us;
Social media and analytics such as Facebook, Instagram and Google Adwords for purpose of custom audience generation and the development of targeting criteria;
Other third parties such as Active Campaign and MailChimp for processing and holding Data that enables us to ensure you are kept informed of our products and/or services, logins and marketing material, offers, promotions, newsletters and blogs.
All are our real time credit card authorisations are handled by PayPal, Stripe and Wix and are secured by SSL Certificate. The following measures are taken to protect your data:
Payments are fully automated with an immediate response.
Your complete credit card number cannot be viewed by us or any outside party.
All transaction data is encrypted for storage within PayPal, Stripe and Wix bank-grade data centre, further protecting your credit card data.
PayPal, Stripe and Wix is an authorised third party processor for all the major Australian banks.
PayPal, Stripe and Wix at no time touches your funds, all monies are directly transferred from your credit card to the merchant account held by us.
PayPal, Stripe and Wix are widely respected for providing secure and reliable online payment solutions. We have chosen to deal with the best so you can feel safe that your personal information is kept safe and secure at all times. While we attempt to protect the information in our possession, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances.
The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle branded credit cards from major card schemes. PCI DSS is a standard mandated by the card brands like Visa, Mastercard, American Express and Discover and is managed by the PCI Security Standards Council.
PCI-DSS requirements help ensure the secure handling of credit card information through our Site and the service providers.
Age of consent
By using this site, you warrant that you are at least the age of majority in your State or Territory of residence. Our Site should not be used by anyone under the age of majority and we do not knowingly collect data from anyone under the age of majority.
Cookies and how to block them
What are cookies?
Unfortunately they are not the edible kind! “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies can also be used to analyse traffic and for advertising and marketing purposes. They do not harm your systems and the HELP function in your browser will tell you how to restrict or block the cookies. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. If you use browser settings to block all cookies, you may not be able to access all or parts of our Site.
We may use web beacons (or clear gifs) on our website and in our emails. So basically when we send emails, we have the ability to track behaviour such as who opened the emails, who clicked the links and collection information such as your IP address, your browser or email type, we then put this information together to improve the performance of our email campaigns and provide you with better and/or services specific to your needs. You will always have the ability to opt out of any emails we send just click the link in the email that says “unsubscribe”.