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Terms and Conditions
Aussie Fan Terms of Use and Privacy Policy 1. Important disclaimer While Aussie Fan has made every effort to ensure the information contained in the website is free from error, Aussie Fan does not warrant the accuracy, completeness or adequacy of the information in this website. All information is subject to change without notice. Aussie Fan does not guarantee that Aussie Fan's website or third party websites will be free from viruses. While all reasonable care has been taken in the preparation of the material contained on this website, Aussie Fan and each party providing material displayed on this website disclaim liability to all persons in relation to any action(s) taken on the basis of currency of material or any loss or damage suffered in connection with that material. You should make your own enquiries before entering into any transaction on the basis of the material on this website. 2. Copyright Save and except for third party content, all the content of this website and downloads from it are owned directly or licensed by Aussie Fan. All rights reserved. You are responsible for obeying all applicable copyright laws. You may access and display these pages on a computer, monitor or other video display device and make a print copy of any whole page or pages on this website for your personal use only, but only if you: (a) do not modify the copy from how it appears on Aussie Fan's website (unless expressly authorised by Aussie Fan) (b) include the above copyright notice on the copy All other use, copying or reproduction of any part of this website is strictly prohibited. Without limiting the foregoing you must not reproduce, frame, transmit (including broadcast), adapt link to, or otherwise use any of the material on the website including audio and video excerpts without the prior written approval of Aussie Fan. For permission to reproduce any material, a request in writing is to be made to Aussie Fan's Legal Business Unit. 3. Links to other websites This website contains links to websites maintained by other organisations. Aussie Fan does not provide any warranty or take any responsibility or liability for the accuracy, source or any other aspect of those websites. The links are provided solely for your convenience and do not indicate, express or imply, any endorsement by Aussie Fan of the website(s) or the products and services provided there. You access those websites and use the information, products and services solely at your own risk. 4. Trademark notice This website includes registered trademarks. Unless otherwise indicated they are owned by Aussie Fan in Australia and may be the subject of rights in other countries. You must not use Aussie Fan's trademarks except: (a) by saving or printing out a copy of Aussie Fan's website as permitted by the copyright notice above (b) as permitted by written agreement from Aussie Fan You grant Aussie Fan an irrevocable right and royalty-free licence to copy and adapt any material you generate through use of any feedback facility, to the extent necessary to provide the facilities, or to promote the facilities or any other service of Aussie Fan. 5. Invalid terms and conditions In the event that any or any part of the terms contained in these terms of use are determined by a court to be invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms. 6. Website unavailability Aussie Fan does not accept responsibility in the event that the website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Aussie Fan. 7. Limitation of liability To the extent permitted by law, Aussie Fan, its employees, agents and consultants exclude all liability for any loss or damage claims and expenses including but not limited to legal costs, indirect special or consequential loss or damage arising out of the information on Aussie Fan’s website or to third-party content. Where any law prohibits the exclusion of such liability, Aussie Fan limits its liability to the resupply of the information. 8. Variation of terms of use Aussie Fan reserves the right to vary these terms and conditions from time to time and to notify you of such variation by any means as Aussie Fan thinks fit. Any variation shall become effective upon such notification. 9 Jurisdiction This website (excluding any linked third-party websites) is controlled by Aussie Fan. By accessing this website you accept that any disputes arising out of your use of this website or its contents shall be governed by the courts having jurisdiction in the State of Queensland in Australia in accordance with the laws in force in the State of Queensland in Australia. This website may be accessed throughout Australia and overseas. Aussie Fan makes no representation that the material on this website complies with the laws of any country outside Australia. If you access this website from outside Australia you are responsible for ensuring compliance with all applicable laws in the place where you are located. Under current legislation, we are required to provide you with our Privacy Policy. WE encourage you to read this, to ensure you are aware of how we protect the personal information you provide to us. PRIVACY POLICY Aussie Fan Pty Ltd (ABN 85 096 614 587) is the supplier for the range of products listed on our wed site. You can contact us in writing or by phoning our Customer Service Hotline. At Aussie Fan we aim to provide you with the best possible service and in doing so we are committed to protecting your privacy. What does “personal information” mean? Personal information is any information about you that identifies you or by which your identity can be reasonable determined. What information do we collect and why do we collect it? When you register on our web site or purchase goods or services from us, you will need to provide us with your personal details, including: Identification details such as your name, gender, address (email, mailing address) contact numbers and your credit card details. Commercial related information such as your business name, company details and other commercial information. We need your identification details to process your purchase, manage your account, ensure that you receive your requested goods or service and provide you with information about your purchased products from time to time. When a request for information or a request for support is received, we will ask for details about the your account or other commercial information to establish eligibility. If you purchase additional upgrades or options we will need information about your account or business for the purpose of accurate installation records and future support calls. How do we collect personal information? We collect information about you through our product purchase process, through news letter registration, through request for sales or support actions and through various other forms. How do we use information we collect? Generally, we only use personal information that we collect from you for the purpose of managing your customer account. We may also use the personal information we collect to occasionally notify you about: important changes to Aussie Fan and its products: or other new products which you might find valuable; or products offered by other parties we believe you may be interested in. We give new customers and registrants the opportunity to nominate not to receive information about products offered by other parties. You also have this opportunity, each time information of this type is sent. Do we disclose your personal information to anyone? Aussie Fan may disclose your personal information in certain circumstances. Generally, we do not disclose your personal information to any third party, unless that party is contracted to Aussie Fan to provide administrative services or activities on our behalf and that party is bound by the same privacy rules we follow. Some examples of parties outside Aussie Fan , to whom we may disclose your personal information and the reason for disclosure, are:- Mail service providers for the mailing of member statements and other information. Sometimes, if there is a dispute about a benefit we may disclose personal information about you to other experts such as legal advisers. Occasionally, we are required or authorised by law to disclose your personal information. For example, we may disclose your personal information to the Australian Taxation Office following a direction issued under taxation laws or to a Court in response to a subpoena. We may disclose your personal information to third parties where you give us written permission to do so (for example, to a professional body with whom you are a member). Can you access the personal information we hold about you? You may request access to any of the personal information we hold about you. A summary of personal information such as your customer ID, name and address details, contact telephone numbers, is available to you by calling us on 61 7 3289 5411. For security reasons however, we will not give information over the telephone unless the person making the enquiry is able to answer a list of questions to confirm their identity. You cannot access information about any other customer. Aussie Fan n may retain your personal information for a period of time after you have ceased your relationship with us. When we believe it is no longer necessary to hold your personal information in our archiving system we attend to the secure destruction or deletion of your personal information. How do we protect your information and ensure it is accurate? Only authorised staff who are employed under strict confidentiality agreements have access to your personal details. The administration systems used to manage your account information incorporates the use of secure hardware and software products which protect against unauthorised access. All hard copies with your personal details are also protected in our secure archiving system. We also try to ensure that the information we hold about prospective customers and customers remains accurate, complete and up-to-date. At the time of registration, you will be sent a “welcome letter” which will ask you to check and correct your personal details. When you are a customer ongoing, communications will be sent out, you will be asked to notify any changes in your personal information. Sometimes when you make an enquiry we will ask you if our records of your details are up-to-date. Dealing with Aussie Fan via the Internet You may have concerns about the personal information collected about you online or the security of your personal information that may be exchanged between us online. Information collected about you online: The Aussie Fan Website provides a number of services to you. Security of your personal information online: Generally email is not a secure way to communicate. However, our Website uses industry standard security protocols to protect the personal information you disclose in using our online facilities. Can you complain about a breach of your privacy? If you believe that we have not protected your personal information as set out in this Privacy Policy you may lodge a complaint with us in any of the following ways: E: fan@aussiefan.com What if you are not satisfied with our response? If you are not satisfied with the result of your complaint to Aussie Fan, you can refer your complaint to the Federal Privacy Commissioner. You can contact the Australian Federal Privacy Commissioner by: T: 1300 363 992 Write to: Director of Complaints Office of the Federal Privacy Commissioner GPO Box 5218 SYDNEY NSW 1042
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