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1. Agreement – by using and visiting the Site you agree to be bound by these terms and conditions (‘Terms & Conditions’).
2. Access - Designer Doorware grants the user a license to access and use the Site, provided that:
a. The use is personal use only;
b. The user does not copy, publish or distribute any part of the Site; and
c. You comply with these Terms and Conditions.
3. Use of Web Site Information – A User may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following:
a. The Documents may be used solely for informational purposes; and
b. The Documents may not be modified or altered in any way.
4. Intellectual Property –
4.1 All content on the Site is owned by or licensed to Designer Doorware.
4.2 You agree that you will not copy, reproduce, alter, distribute, publish or use in any manner any content on the Site other than as permitted under these Terms and Conditions or in the ordinary course of your use of the Site without the express written consent of Designer Doorware. Such consent may be withheld by Designer Doorware at its absolute discretion.
5. Passwords and Security - You are responsible for maintaining the confidentiality of any password(s) you are given to access areas of the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Designer Doorware immediately of any unauthorised use of your password(s).
6. Termination of Use - You agree that Designer Doorware may, in its absolute discretion, at any time, terminate your access to the Site and any account(s) you may have in connection with the Site, and taking any other reasonable measure to prohibit your access to the Site.
7. Third Party Web Sites, Content, Products and Services - The Site may provide links to websites and access to content and services from third parties, including users and affiliates of Designer Doorware. You agree that Designer Doorware is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Designer Doorware is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Designer Doorware is not responsible for:
a. the quality of third party products or services;
b. fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services.
To the fullest extent permitted by law in no way will Designer Doorware its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
8. Disclaimer - Except where expressly provided otherwise, the Site, and all content, materials, information, software, products and services provided on the Site, are provided on an “as is” and “as available” basis. To the extent permitted by law, Designer Doorware expressly disclaims all warranties of any kind, whether express or implied, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Designer Doorware makes no warranty that:
a. the Site will meet your requirements;
b. the Site will be available on an uninterrupted, timely, secure or error-free basis;
c. the results that may be obtained from the use of the Site for any services offered through the Site will be accurate or reliable; or
d. the quality of any products, services, information or other material obtained by you through the Site will meet your expectations. Any content, materials, information or software downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. Designer Doorware shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
9. Variation - Designer Doorware may vary these Terms and Conditions at any time without notice. By continuing to use and visit the Site you agree to be governed by these Terms and Conditions as the case may be from time to time.
10. Limitation of Liability – To the fullest extent permitted by law, and in respect of the Site, in no way shall Designer Doorware, its officers, employees or agents be liable for any remedy at law or in equity resulting from:
a) any errors of content;
b) any personal injury or property damage resulting from your use or reliance on the content on the Site
c) any viruses, Trojan horses or the like which is transmitted through the Site by a third party ; or
d) any unauthorised access of secure servers which result in access to personal, sensitive and/or financial information stored therein.
11. Governing Law and Jurisdiction – the Terms and Conditions contained herein shall be governed by the laws of Victoria, Australia and you submit to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and Conditions and courts entitled to hear appeals from those courts.
12. Privacy – This clause relates to all personal information collected by the Designer Doorware. Designer Doorware is committed to protecting your privacy and information we collect about you. In dealings with your personal information Designer Doorware will fulfil all obligations under the Privacy Act 1988 and the Australian Privacy Principles 2014.
What is personal information?
When used in this policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, postcode and contact details (including phone numbers and email addresses) and possibly financial information, including your credit card, direct debit or PayPal account information. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
What personal information do we collect and hold?
We may collect the following types of personal information:
mailing or street address;
age or birth date;
profession, occupation or job title;
details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
any additional information relating to you that you provide to us directly through our websites or indirectly through use of our website or online presence through our representatives or otherwise;
Information you provide to us through our Customer service centre, customer surveys or visits by our representatives from time to time.
How do we collect personal information?
We collect your personal information directly from you unless it is unreasonable or impractical to do so. We do this in ways including:
through your access and use of our website,
through someone else who has provided us with your information (e.g. an architect on behalf of a client);
during conversations between you and our representatives; and
when you complete an application or purchase order.
We may also collect personal information from third parties including:
third party companies such as credit reporting agencies, law enforcement agencies and other government entities;
contractors and business partners.
Direct marketing materials
We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g. an unsubscribe link), or by updating your personal details using the link provided on this page. We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.
If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.
How you can complain about a breach of privacy?
We have a formal procedure for investigating and dealing with privacy breaches. Once the Privacy Officer receives a complaint, whether it is in writing or verbal means, the Privacy Officer will commence an investigation with the relevant business unit from which the alleged breach stemmed. The investigator will endeavour to determine the nature of the breach and how it occurred. We may contact you during the process to seek any further clarification if necessary. If a breach is found, the Privacy Officer will escalate the matter to management so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.
We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
Please contact our Privacy Officer on 03 9300 8888
12.1 Why do we collect, hold, use and disclose personal information?
The primary purpose for which we collect information about you is to enable us to perform our business activities and functions and to provide best possible quality of customer service. We collect, hold, use and disclose your personal information for the following purposes:
to provide products and services to you;
to provide you with news, information or advice about our existing and new products and services;
to communicate with you including by email, mail or telephone;
to manage and enhance our products and services;
to personalise and customise your experience;
to provide you with access to protected areas of our websites;
to conduct competitions or promotions
to verify your identity;
to provide as part of business data to third parties if you have authorised us to do so;
to conduct business processing functions for operation of our websites or our business;
for our administrative, marketing (including direct marketing), promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers;
to provide your updated personal information to us, our contractors or external service providers;
to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
as required or permitted by any law (including the Privacy Act).
What happens if we can’t collect your personal information?
If you do not provide us with the personal information described in this policy, some or all of the following may happen:
we may not be able to provide you with the products or services you requested, either to the same standard, or at all (for example, if you do not register as a member of a website, you will not be able to access features or services that are reserved for members only);
we may not be able to provide you with information about products and services that you may want, including information about discounts sales or special promotions; or
we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
12.2 When you are using the Site we may collect personal and sensitive information about you. Our collection of information will be fair and not intrusive and we will only collecting information necessary for the purpose for which it is collected.
12.3 Collection of personal information may be via means such as cookies, or from direct input from the user of the Site.
12.4 How do we disclose your personal information? We may disclose your personal information to:
our employees, related bodies corporate, contractors or external service providers for the operation of our websites or our business, fulfilling requests by you, and otherwise provide products and services to you, including without limitation, web hosting providers, IT systems administrators, mailing houses, newsagents, couriers, payment processors, photographic analysers, data entry service providers, electronic network administrators, debt collectors, and professional advisers such as accountants, solicitors, business advisors and consultants;
our existing or potential agents, business partners or joint venture entities or partners;
our sponsors, or promoters of any competition that we conduct or promote via our services;
specific third parties authorised by you to receive information held by us;
the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;
as required or permitted by any law (including the Privacy Act).
We may disclose personal information to our related bodies corporate and external service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
We may disclose your personal information to entities located outside of Australia, including the following:
our data hosting and Cloud-based IT service providers;
other external service providers located in the India and U.S.; and
other third parties operating in jurisdictions including China, India, and the United States where you have authorised us to do so.
12.5 Designer Doorware will take reasonable steps to ensure that personal information held about you is accurate and up to date when collected and used.
12.6 Following the National Privacy Principles, you may request access to any personal information we hold about you at any time by contacting us (details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you. We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
We request that you keep your information as current as possible so that we may continue to improve our service to you.
12.7 We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of credit card transactions.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
If you would like to contact us with regard to these Terms and Conditions, please email our Privacy and Legal Officer or you can contact us on + 61 3 9300 8888.
Copyright © Designer Doorware. All rights reserved. May 2014.
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