Leah and me TERMS AND CONDITIONS
This document sets out the terms in which you may use our Website and Social Media. Please carefully read all terms and conditions before using our Website and any of our Social Media.
Social Media Sites in terms refers to the Leah and Me: Instagram, Facebook, snapchat.
Website in terms refers to the Leah and Me website: www.leahandme.com.au
WEBSITE AND SOCIAL MEDIA TERMS AND CONDITIONS OUTLINE.
1.1 You accept and consent to the Website and Social Media Terms and Conditions and the Returns Policy in full by using our Website and Social Media.
1.2 You must not use our Website and Social Media if you do not accept the Website and Social Media Terms and Conditions.
ACCEPTABLE USE OF THE LEAH AND ME WEBSITE AND SOCIAL MEDIA SITES
2.1 We grant you the write to:
(a) view and use information accessible from the Website and Social Media; and
(b) purchase goods or services from the Website and or social media sites.
2.2 You must not:
(a) cause damage or interfere with accessibility to the Website and Social Media;
(b) use it in connection with illegal, fraudulent or harmful purposes or activities;
(c) store, transmit or distribute Malicious Computer Program; or
(d) conduct any systematic or automated data collection activities.
LEAH AND ME WEBSITE AND SOCIAL MEDIA PROPERTY RIGHTS
3.1 We own or are licensed to use our intellectual property in the Website and Social Media.
3.2 You may only view, download, and use content from the Leah and Me Website and social media for personal use only.
3.3 You do not have the rights to use images and or content from the Leah and Me Website to re-sell, advertise branding, items or content.
WEBSITE AND SOCIAL MEDIA ADVERTISING AND PHOTO RIGHTS.
4.1 You may upload Posts on the Leah and Me Social Media sites subject to the following clause. Leah and me have the right to remove or ask for content to be remove from the Social Media Sites.
(a) is unlawful or promotes illegal behaviour;
(b) is harmful, threatening, abusive or harassing;
(c) incites violence or is graphical of violence;
(d) is pornographic or exploits people in a sexual manner;
(e) is defamatory or libellous;
(f) relates to gambling;
(g) relates to alcohol;
(h) is unrelated to the social media sites and or content;
(i) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
(j) is false, misleading or fraudulent;
(k) impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;
(l) violates or encourages violation of these terms and conditions;
(m) infringes or violates another’s rights including copyrights or intellectual property rights;
(n) invades another’s privacy;
(o) includes photograph or image of another person or another person’s property without their consent;
(p) reveals anyone’s identification documents or sensitive financial information;
(q) is posted to disrupt the operation of the Website and Social Media and its related services; and
(r) advertises any company or their goods or services other than us.
4.2 You may upload posts to the Leah and Me social media subject to the following;
(a) you are aware that the post will be public;
(b) that Leah and Me have the rights to remove or have the post removed;
(c) you understand that you will be at your own risk and Leah and Me will not be liable for any use of the post;
(d) you have the right and authority to provide the Post in the manner it is posted;
(e) you own the Post and have the right to assign copyright ownership and other Intellectual Property to us; and
(f) the Content is not prohibited content under clause 4.1
(g) we have not reviewed and cannot review all Posts and we are not responsible for liability arising out of your Post.
(h) We may, at our sole discretion, pre-screen, reject or remove any Post you provide for any reason.
LEAH AND ME WEBSITE CONTENT
5.1 The Website and Social Media is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
(a) the availability of the Website and Social Media and its associated services at the time you wish to use it;
(b) merchantability, fitness for a particular purpose and non-infringement;
(c) accuracy or validity of information and Content on the Website and Social Media; including
(d) whether Content is free from Malicious Computer Program.
(e) website content accuracy is subject to availability, content may be incorrect or stock may be unavailable.
(f) website content may be advertising only and may be unavailable for purchase
6.2 No Content on the Website and Social Media constitutes advice of any kind and you should consult with an appropriate professional for professional advice.
LEAH AND ME WEBSITE PERFORMACE AND USE
6.1 The Website and Social Media performance or content provided is subject to the following rights:
(a) inaccuracy, errors or omissions with content;
(b) unavailability or interruption of usage of the Website and its services;
(c) any delay or failure in performance beyond the reasonable control of a covered party; and
(d) loss of data.
6.2 To the fullest extent permitted under the law, a Covered Party is not responsible for any indirect, special or consequential liability to a user (including legal fees) arising out of or from content or use of the Website and Social Media.
7.5 To the extent we cannot exclude liability and to the fullest extent permitted under the law, a Covered Party’s aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
LEAH AND ME PURCHASING
6.1 Customers purchasing from the Leah and Me website and or Social Media Sites are subject to the following terms;
(a) payment and or purchasing may be refused if the consumer/purchaser is unlawful, using illegal payment, and or any law is being broken.
LEAH AND ME COOKIES POLICY
7.1 You agree that:
(a) we may store cookies on your device; and
(b) we may issue and request cookies from your device to collect both personal and non-personal information.
7.2 You may disable cookies on your browser if you do not agree to the Cookies Policy.
7.3 You agree that we may use, including but not limited to, following types of cookies:
(a) authentication cookies;
(b) session cookies;
(c) persistent cookies;
(a) improve the performance by reporting any errors that occur;
(b) provide statistics about how the Website and Social Media is used;
(c) remember settings that you use for our Website and Social Media;
(d) identify and show that you are logged into the Website and Social Media;
(e) link to social networks like Facebook and Twitter;
(f) provide more suitable ads tailored to you.
BREACH OF TERMS AND CONDITIONS
8.1 If you breach any of these terms and conditions we may take appropriate actions including but not limited to:
(a) issuing a warning notice;
(b) suspending your access to the Website and Social Media;
(c) prohibiting your access to the Website and Social Media; or
(d) bringing court proceedings against you.
9.1 We may make changes to the Website and or Social Media Sites and these terms and conditions at any time without notice.
10.1 This Agreement embodies the whole Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements in respect of your usage of our Website and Social Media.
18.1 In this Agreement, unless the contrary intention appears:
(a) a reference to this Agreement or any instrument includes any variation or replacement of any of them;
(b) a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
(c) a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
(d) the singular includes the plural and vice versa;
(e) words of one gender include any gender;
(f) headings do not affect the interpretation of this Agreement;
(g) reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
(h) reference to a thing (including a right) includes a part of that thing;
(i) if a Party comprises two or more persons:
(i) reference to a Party means each of the persons individually and any two or more of them jointly;
(ii) a promise by that Party binds each of them individually and all of them jointly;
(iii) a right given to that Party is given to each of them individually; and
(iv) a representative, warranty or undertaking by that Party is made by each of them individually;
(j) a provision must not be construed against a Party only because that Party prepared it;
(k) a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
(l) if a thing is to be done on a day which is not a Business Day, it must be done on the Business Day before that day;
(m) another grammatical form of a defined expression has a corresponding meaning;
(n) the word “include” is used without any limitation;
(o) the rights, duties and remedies in this Agreement operate to the extent that they are not excluded by law; and
(p) examples are descriptive only and not exhaustive.
19.1 The following words have these meanings unless the contrary intention appears:
(a) Agreement means the Website and Social Media Terms and Conditions as amended from time to time.
(b) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c) Claim means any claim, suit, action, demand, or right.
(d) Content means any material on the Website and Social Media as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
(e) Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.
(f) Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
(g) Party means a party to this terms and conditions.
(h) Parties mean all parties to this terms and conditions.
(i) Post or Posts includes comments, images, photos, writings or any other material that you upload on our Website and Social Media.
(j) Social Media includes but is not limited to our Facebook, Instagram and Twitter sites.
(k) Website and Social Media Terms and Conditions means the terms and conditions set out in this document.
(l) We, Us, Our or Ourselves refers to Leah and Me;
(m) You, Your or Yours refers to a user of this Website and Social Media.
COLLECTION OF PERSONAL AND SENSITIVE INFORMATION
2.1 We collect personal and sensitive information when you:
(a) register for membership and/or log into our Website;
(b) interact with us through the phone, in person, via email or our Website and you provide us your details;
(c) purchase or subscribe to our products or services;
(d) subscribe to our mailing list;
(e) enter our competitions or promotions; or
(f) apply for positions at our Business or you are our contractor.
(g) “like” or “follow” our Social Media Sites
2.2 We collect personal and sensitive information to:
(a) improve our products and services;
(b) provide our product or service to you;
(c) communicate with you;
(d) offer you promotional product or market our product that you are interested in;
(e) keep a record of your order for possible refund or exchange;
(f) keep our customer database;
(g) to investigate any complaints that you make;
(h) to investigate whether you are in breach of our terms and conditions;
(i) verify your identity;
(j) to notify you of vacant positions if you applied for jobs at our Business;
(k) comply with the law or to use your information as permitted under the law; and
(l) use your information for purposes that are related to the above.
2.3 We collect and hold following types of personal and sensitive information:
(a) your contact details that may include your name, date of birth, business name, billing address, postal address, email address, fax number and phone number;
(b) optional personal information that you consent to provide, including your interests in a particular area, gender or age; and
(c) optional surveys that provide personal information including whether you like our Business or Website and what you like or do not like.
2.4 We will only collect your personal and sensitive information using fair and lawful means.
2.5 We do not store credit card details as we use payment gateways and/or third party processor.
2.6 If we receive unsolicited personal and sensitive information, we may destroy it or ensure that it is de-identified if it is lawful and reasonable to do so.
3.1 We may, from time to time, use ‘cookies’ which are small data file placed on your machine or device to store information.
(a) authentication cookies that monitor whether you are logged in or not;
(b) session cookies that allow you to remain logged in and keep track of your activities until the browser shuts down;
(c) persistent cookies that help us monitor our services by recording your browser activities and they do not expire upon browser shut down; and
(d) flash cookies to personalise your experience.
(a) improve the performance by reporting any errors that occur;
(b) provide statistics about how the Website is used;
(c) remember settings that you used on our Website;
(d) identify that you are logged into the Website;
(e) link to social networks like Facebook and Twitter; and
(f) provide ads that are tailored to you.
3.4 Please note that although cookies do not generally store personal and sensitive information, they may contain your IP address. However you are effectively anonymous to us because the data are collected in aggregate.
4.1 All credit card transactions are implemented under industry standard encryption.
4.2 For credit card transactions we use a third party processor (e.g. PayPal) and/or payment gateway (e.g. Fat Zebra, Afterpay) that we may change from time to time so that:
(a) payments are processed in real time; and
(b) we do not have access to your credit card numbers.
4.3 We use database management system to store most of the personal information and it contains security features, such as encryption, firewall and anti-virus, to ensure the protection and integrity of our data.
ANONYMITY AND PSEUDONYMITY
5.1 You may interact anonymously or by using a pseudonym, for example when you:
(a) call us;
(b) use our online forums that does not require membership; or
(c) email us,
and you may refuse to give your details.
5.2 You must provide your personal information when you:
(a) purchase goods that require delivery;
(b) register for membership and/or log into our Website;
(c) sign up for mailing list;
(d) lodge a complaint; and
(e) are required to provide personal information under the law.
DISCLOSURE OF PERSONAL INFORMATION
6.1 We only disclose your personal and sensitive information for purposes that are reasonably related to our Business.
6.2 We will not disclose your personal and sensitive information to third parties for payment, profit or advantage.
6.3 We may disclose your personal and sensitive information to third parties, from time to time, to assist us in conducting our Business, including:
(a) technology service providers including internet service providers or cloud service providers;
(b) couriers such as Australia Post and/or international postal service entities;
(c) data processors that analyse our website traffic or usage for us;
(d) agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
(e) our related bodies corporate; and
(f) to persons, entities or courts as required under the law.
6.4 We may disclose your personal and sensitive information to third parties:
(a) to provide the service you wish to use;
(b) to improve our Business, services, products and Website;
(c) to customise and promote our services which may be of interest to you;
(d) to comply with or as permitted under the law; or
(e) with your consent.
6.5 You consent to the disclosure of your personal and sensitive information to entities located overseas and we will use reasonable endeavours to ensure they are subject to similar privacy legislation when handling such information.
DIRECT MARKETING TO YOU
7.1 We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth).
7.2 We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we:
(a) use the information that you reasonably expected us to use for promoting and marketing our Business to you; and
(b) provide you a simple method to opt-out.
7.3 We will not contact you to promote or market our Business if you requested us not to.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
ACCESSING YOUR PERSONAL INFORMATION
8.1 You may request access to your personal information that we hold and we will:
(a) verify your identity;
(b) charge you to cover the cost of meeting your request, if any, but not for the request itself; and
(c) within a reasonable period of time, comply with your request.
8.2 We may refuse to allow you to access your personal information if we are not required to do so under the Australian Privacy Principles.
CORRECTING YOUR INFORMATION
8.3 You may request to correct your personal information that we hold and we will update your personal and sensitive information so that it is up-to-date, accurate, complete, relevant and not misleading.
HOW TO CONTACT US
8.4 If you would like to access or correct your personal information, please contact us by:
(a) email: firstname.lastname@example.org
(b) writing to:
Shop 14/23 Wason Street
Milton NSW 2538,
(c) phone: 02 4455 1529
9.1 If you believe we breached the Australian Privacy Principles under the Privacy Act 1988 (Cth) or a registered Australian Privacy Principles Code, you may lodge a complaint as follows:
(a) firstly, contact us in writing to the email or postal address in clause 8.4 and include the following in your complaint:
(i) your contact details;
(ii) section or provision of the Australian Privacy Principles or Code that you believe we breached; and
(iii) our practice or policy that you believe breaches the relevant Australian Privacy Principle or Code,
(b) and you must allow us a reasonable time, about 30 days, to reply to your complaint; and
(c) secondly, you may complain to the Office of the Australian Information Commissioner if:
(i) you are not satisfied with our response; or
(ii) we do not respond to you within a reasonable time without sufficient explanation.
DEFINITIONS AND INTERPRETATION
10.1 Unless contrary intention appears:
(a) Australian Privacy Principles means the principles under the Schedule 1 of the Privacy Act 1988 (Cth).
(b) Business means Leah and Me
(c) sensitive information means sensitive information as defined under Privacy Act 1988 (Cth).
(d) personal information means personal information as defined under Privacy Act 1988 (Cth).
(e) You (whether in capitals or not) means the user of our Website and Your and Yours have corresponding meanings..
(f) Website means: https://www.leahandme.com.au
10.2 The word ‘include’ is used without any limitation.