All information in regards to Website Privacy Policy and Website Terms of Use are on this page.  Please scroll  to end of Privacy Policy to read Website Terms of Use.  

For Business Mindset Coaching Terms & Conditions and Privacy please go to: https://annahastie.com/coachingterms/

PRIVACY POLICY FOR WEBSITE

www.annahastie.com

Effective Date: 07/12/2022

Anna Frances Hastie  trading as Anna Hastie (ABN 90 312 130 516) (“we”, “us” or the “Proprietor”) is committed to privacy protection. At www.annahastie.com (“this site”), we understand the importance of keeping personal information private and secure. This privacy policy (“Privacy Policy”) describes generally how we manage personal information and safeguard privacy. If you would like more information, please don’t hesitate to contact us.

This Privacy Policy forms part of, and is subject to the provisions of, our Website Terms of Use (https://annahastie.com/privacy-policy/).

The Australian Privacy Principles 

We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.

What is “personal information”?

Personal information held by the Proprietor may include your:

• name and date of birth;
• residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
• bank account and/or credit card details for agreed billing purposes;
• your computer and connection information; and
• any information that you otherwise share with us.

Information provided to payment gateway providers

All purchases that are made through this site are processed securely and externally by one or more third party payment gateway providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).

How we may collect your personal information

At this site, we only collect personal information that is necessary for us to conduct our business as Anna Hastie, which includes (without limitation) enabling users to:

• purchase or download free resources including pdf templates and files Mp3 and Videos;
• sign up for regular email newsletters and communications and
• enrol in sound bath classes, events, workshops, retreats and coaching services

Information that you provide to us

We may collect personal information that you provide to us about yourself when you:

• use this site, including (without limitation) when you:

• purchase any products and/or services through this site;
• add reviews, forum or chat room messages or comments in any elements of this site that permit user-generated content;
• register for access to premium content or request certain premium features; or
• complete an online contact form to contact us;

• provide information to us by telephone or through marketing or competition application forms; or
• send us an email or other communication.

IP addresses

This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Proprietor collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Proprietor may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.

Cookies

This site uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. 

There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. 

Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Proprietor extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.

You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.

Why we use cookies

This site uses cookies in order to:

• remember your preferences for using this site;
• facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
• show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, subscribed to newsletters or email or other subscription services); and
• remember details of data that you choose to submit to us (eg, through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).

Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.

Third party cookies

In some cases, third parties may place cookies through this site. For example:

• Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;
• Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and
• third party social media applications (eg, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site.

How we may use your personal information

Your personal information may be used in order to:

• verify your identity;
• assist you to place orders through this site;
• process any purchases of products and/or services that you may make through this site, including charging, billing and collecting debts and shipment of products to you;
• respond to any queries or feedback that you may have;
• conduct appropriate checks for credit-worthiness and for fraud;
• prevent and detect any misuse of, or fraudulent activities involving, this site;
• conduct research and development in respect of our products and/or services;
• gain an understanding of your information and communication needs or obtain your feedback or views about our products and/or services in order for us to improve them; and/or
• maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,

and for any other purpose reasonably considered necessary or desirable by the Proprietor in relation to the operation of our business.

From time to time we may email our customers with news, information and offers relating to our own products/services or those of selected partners. Your personal information may also be collected so that the Proprietor can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.

When we may disclose your personal information

In order to deliver the products/services you require or for the purposes set out above, the Proprietor may disclose your personal information to organisations outside the Proprietor. Your personal information may be disclosed to these organisations only in relation to this site, and the Proprietor takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:

• customer enquiries;
• mailing systems;
• billing and debt-recovery functions;
• information technology services;
• marketing, telemarketing and sales services;
• market research; and
• website usage analysis.

In addition, we may disclose your personal information to:

• your authorised representatives or legal advisers (when requested by you to do so);
• credit-reporting and fraud-checking agencies;
• credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
• our professional advisers, including our accountants, auditors and lawyers;
• government and regulatory authorities and other organisations, as required or authorised by law;
• organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
• the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.

Contacting us about privacy

If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to [email protected] or by post: PO BOX 1763, BROOME WA 6725

Access to your personal information 

In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access. 

In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:

• be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
• have an unreasonable impact on another person’s privacy; or 
• prejudice an investigation of unlawful activity.

We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.

If we refuse to give you access, we will provide you with reasons for our refusal.

Correcting your personal information 

We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

Storage and security of your personal information 

We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information. 

Third party websites

You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and the Proprietor assumes no responsibility for the content of any third party websites.

Re-marketing

We may use the Google AdWords and/or Facebook re-marketing services to advertise on third party websites to previous visitors to this site based upon their activity on this site. This allows us to tailor our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page or a website in the Google Display Network or inside Facebook. Google and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by Google and/or Facebook will be used in accordance with their own respective privacy policies. None of your personal Google and/or Facebook information is reported to us.

You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.

GDPR

The Proprietor welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally.  Although we do not operate an establishment within the EU and do not target any offering of services towards customers/clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.

GDPR rights

The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:

• you are entitled to request details of the information that we hold about you and how we process it.  For EU residents, we will provide this information for no fee;
• you may also have a right to:

• have that information rectified or deleted;
• restrict our processing of that information;
• stop unauthorised transfers of your personal information to a third party;
• in some circumstances, have that information transferred to another organisation; and
• lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and

• where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.

If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.  However, please be aware that:

• such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other customers/clients subject to appropriate confidentiality protections; and
• even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:

• to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
• in exercising and defending our legal rights and meeting our legal and regulatory obligations.

Storage and processing by third parties

Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools.  We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our customers/clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.

The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.

Duration of retention of your data

We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements.  At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning).  In some circumstances, you can ask us to delete your data.

Keeping your information up-to-date

To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer by email at [email protected] or by post: PO BOX 1763, BROOME WA 6725

EMAIL OPT IN/OUT

If You receive an email from Us in relation to the Product and would prefer not to receive such correspondence in the future, You may follow the instructions in the email to opt out of future correspondence. You may also contact Us, using the details at the bottom of this Privacy Policy, in order to opt out of future correspondence. We will make all reasonable efforts to promptly comply with Your requests. However, You may receive subsequent correspondence from Us while Your request is being handled.

Changes to this Privacy Policy 

From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this site.

* * * *

If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).

Anna Hastie Website Terms of Use

Welcome to the website of Anna Frances Hastie trading as Anna Hastie (ABN 90 312 130 516) (“we”, “us” or the “Proprietor”), Business Coaching and Sound Bath Healing operating in Western Australia.

This website is located on the web via the domain www.annahastie.com and includes all of the files located in that domain (“this site”).

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and the Proprietor and govern your use of this site.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://annahastie.com/privacy-policy/), which is incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on use

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:

• you breach any provision of these Website Terms of Use;
• the Proprietor is unable to verify or authenticate any information that you provide to us; or
• the Proprietor believes that your actions may cause damage and/or legal liability to the Proprietor, any of its customers or suppliers or any other person; and

• remove or block access to any information and/or materials (in whole or in part) that the Proprietor, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Website Terms of Use.

Indemnity

You indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Orders

Order constitutes offer

By placing an order through this site, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, the Proprietor will endeavour to supply your selected products/services to you.

We will not commence processing any order made through this site unless and until:

• payment for the order has been received by us in full; and
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

• at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
• at any time:

• refuse to provide products or services to you;
• terminate your access to this site; and/or
• remove or edit any content on this site.

Acceptance of orders

Acceptance of each order will take place if and when the Proprietor:

• in the case of physical items, sends the requested items to you, at the time at which the items are despatched by the Proprietor, and title to, and risk in, the items will pass from the Proprietor to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place;
• in the case of digital items, either:

• sends the requested items to you, at the time at which the items are sent by the Proprietor; or
• notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by the Proprietor,

and title to, and risk in, the items will pass from the Proprietor to you at that time; or

• in the case of services, either:

• provides the services to you, at the time at which the Proprietor commences providing the services; or
• notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Proprietor.

Prices

The Proprietor reserves the right to change the prices for products/services displayed in this site at any time before you place an order.

Shipping costs

Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment methods

Payment for orders placed through this site may be made by credit card (Visa or MasterCard only) processed online using a secure third party payment gateway.

Third party payment gateways

The Company may use one or more third-party payment gateways to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third-party providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).

Credit and debit card payments

Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. The Proprietor does charge additional transaction fees for paying by credit card.

Refunds and other remedies

Except as expressly provided otherwise in these Website Terms of Use or our Refunds Policy, all amounts paid through this site are non-refundable. Further information on the steps that the Proprietor will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Website Terms of Use below.

Where you have purchased a digital product, unless required by Australian Consumer Law, no refunds shall be issued. The Proprietor may, however, choose to provide a replacement or credit in some cases at its absolute discretion.

Because digital products are delivered immediately and cannot be returned, subject to the below, no refunds shall be issued.

Security

While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Proprietor.

The Proprietor may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Proprietor considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Intellectual property

Copyright

In these Website Terms of Use, the term “Proprietary Content” means:

• this site;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof);
• Any digital products made available on this website, whether free or for purchase; and
• all software, systems and other information owned or used by the Proprietor in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of the Proprietor or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Proprietor or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

You acknowledge that use of Proprietary Content in any manner other than permitted in accordance with these Website Terms of Use may cause us significant harm, loss and damage, and that monetary relief may not be adequate to remedy your breaches.

Trademarks

The Proprietor’s logo and the phrases “Anna Hastie” and are trademarks of the Proprietor. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Proprietor.

User Content

In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. The Proprietor reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

• represent and warranty to the Proprietor that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• grant to the Proprietor a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Proprietor’s absolute discretion.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. 

In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.

 If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

• the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this site will meet your requirements or expectations;
• anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
• the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this site or the servers that make it available are free of viruses or other harmful components.

Limitation of Liability

Exclusion of liability

To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Remedies limited

To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Proprietor’s sole discretion):

• in the case of goods, to any of the following:

• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and

• in the case of services:

• the supply of the services again; or
• the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Proprietor may plead this release as a bar and complete defence to any claims or proceedings.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Proprietor excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Proprietor, and the Proprietor shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
• these Website Terms of Use may not be construed adversely against the Proprietor solely because the Proprietor prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Notifications

The Proprietor may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Proprietor’s prior written consent. 

The Proprietor may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Proprietor to act with respect to a breach by you or others does not waive the Proprietor’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Proprietor reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.

You may only vary or amend these Website Terms of Use by written agreement with the Proprietor.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of Western Australia, and the laws of the Commonwealth of Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia, and the courts of appeal from them.