Store Policy and Privacy Policy

This Store Policy and Privacy Policy (the ‘Policy’) applies to all customers and users of our retail stores, website and online presence of any kind and the services that they offer or promote whether paid or unpaid (together the ‘Services’). PLANOURS, ABN 18110055129, referred to as ‘we’, ‘our’, or ‘us’ in this Policy, is the operator of the business and the owner of all intellectual property relating to the services. By using our Services you agree to accept our Policy and we agree to grant you a non-exclusive, non-transferable licence to use the Services in accordance with the terms and conditions set out below. If you do not accept this Policy, you must not continue to use the Services.

We may revise our Policy from time to time without notice and such revision will take effect when it is posted online. Your continued use will be regarded as your acceptance of our Policy as amended.

Store Policy

Right to Remove

We reserve the right to remove person from our online retail stores or to block any person from our online presence at any time, for any reason (including, but not limited to, upon receipt of claims or allegations of inappropriate behaviour under this Policy or otherwise) or for no reason at all.

Copyright and Contributed Material

Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit any of our content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission. You may access and use the Services for your own personal use only.

You acknowledge and agree that if you contribute any commentary, notes, images or other material to us, then you warrant you have all permissions necessary to make that contribution, and you agree that all rights, title and interest in such contribution will transfer to us.

Any comments or materials sent to us including feedback data, questions, comments and suggestions (collectively “Feedback”), will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to delete, remove, amend, alter, reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to marketing products and services incorporating such Feedback.

Trademarks

Any trademarks appearing on the Services are the trademarks of the relevant owners. You must not use any trademarks that appear on the Services without the written consent of the trade mark owner. 

User Conduct

You are responsible for all of your activity in connection with accessing and using the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any other user.

In accessing the Services, you must not:

1. disrupt or interfere with the Services, or any services, system resources, accounts, servers or networks connected to or accessible through the Services or linked websites;
2. disrupt or interfere with any other user’s enjoyment of the Services or linked websites;
3. use any robot, spider, other automatic device or manual process to monitor, copy or extract any data, or any of the Services, without our prior written permission;
4. use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
5. engage in any kind of illegal, criminal or tortious activity, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
6. attempt to obtain unauthorised access to the Services or parts of the Services that are not opened to public access;
7. post or transmit to or via the Services any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
8. use the Services in any way that violates our Policy.

Passwords

If we issue you with password access that permits you to access certain parts of the Services, you are solely responsible for any use through such access, whether authorised or not. You must keep all passwords secure and must ensure all passwords are not easily guessed, copies of passwords you use in other systems, or derivatives of easily accessible personal information.

Indemnity

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Services, your breach of our Policy, or your breach of any rights of third parties.

Warranties and disclaimers

The Services are provided “as is”. To the extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. We do not warrant that the Services or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing the Services or that use of the Services will be compatible with the hardware and software you are using to access it.

We reserve the right to make any change to the Services without notice. We may also make improvements or changes in the products or programs described in the Services at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Services.

Your use of the Services is at your own risk. Before taking or refraining from any action in reliance on the Services, you must make and rely on your own enquiries in relation to, and in evaluation of, the Services including any information and statements contained in the Services.

Limitation of liability

Subject to any condition, warranty or right implied by any statutory consumer guarantee contained in any law which cannot by law be excluded by agreement:

1. we give no warranties, and you have no other rights, apart from those expressly set out in our Policy; and
2. all implied conditions, warranties and rights are excluded.

Where any condition, warranty or right is implied by law, or any statutory consumer guarantee applies and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, or statutory consumer guarantee to the fullest extent permitted by law.

Subject to the preceding paragraphs, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Services (or material accessed via the Services), or to access of the Services by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

Nothing in our Policy is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 or any other legislation which may not be excluded, restricted or modified by agreement.

Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to change, discontinue, suspend or terminate any service or feature offered by or through the Services, in whole or in part, at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Services may be shut down or restricted while the problem is being investigated or fixed. 

Severability

If any parts of our Policy are deemed unlawful void or for any reason unenforceable then that provision may be severed from our Policy and it will not affect the validity and enforceability of the remaining provisions.

Waiver

No waiver by us of our rights under our Policy shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency

A reference to “$” or “dollars” throughout the Services is a reference to United States currency, unless stated otherwise.

Privacy Policy

We understand how important your personal information is to you. We have adopted the National Privacy Principles contained in the Privacy Act (Commonwealth) 1988 as part of our standard operating procedures for the protection of your personal information.

This policy explains how we collect personal information and how we maintain, use and disclose that information.

We reserve the right to may make changes or updates to this policy from time to time.  Should we do so, we will update the policy on our website accordingly.  You are required to agree to abide by our privacy policy when visiting our website.  This privacy policy was last reviewed and updated on 7 April 2014.

Please note that we cannot and do not assume any responsibility for the privacy or security practices of any other websites which you may be able to access through our website. 

Personal Information

All personal information that we gather is collected in a fair and non-intrusive manner, with your consent, in order to provide you with better services.  Personal information means information or an opinion about you from which your identity is apparent or can reasonably be ascertained. This is whether the information or opinion is true or not and whether it is recorded in material format or not.

The personal information you submit is gathered only on a voluntary basis.  You may choose not to provide personal information and you will still be able to visit most of our website, but you may not be able to participate in certain interactive activities.

Collection

We will only collect personal information from you that is necessary for us to be able to provide our services to you. We will seek to ensure that we do not collect information from you in any way that is unlawful or unreasonably intrusive.

Whenever it is reasonable and practicable to do so, we will collect that information directly from you, however, you acknowledge and consent to us receiving information from our suppliers, franchisees, and entities we sponsor. In such instances we will encourage such parties to act in accordance with the principals set out in this policy. If we otherwise have to collect personal information about you from someone else, we will take reasonable steps to ensure that you are aware of that fact.

We do not collect information about your political, philosophical, or religious beliefs or sexual preferences.

We will seek consent for the use of your personal information at the time of collection.  In certain circumstances, consent may be sought after the information has been collected but before use (for example when we want to use information for a use not previously identified).  The form of consent we week, including whether it is express or implied, will depend on the sensitivity of the information and the reasonable expectations of the individual in the circumstances.  You may withdraw consent at any time, subject to legal and contractual restrictions and reasonable notice.  If you wish to withdraw consent, please contact our Privacy Officer in the manner described below.  We will inform you of the implications of withdrawing consent at or before the time of withdrawal. 

Use and Disclosure

Your Personal Information will be used:

• To provide our services;
• To enhance our customer service;
• To answer your queries;
• For internal research;
• To enable sales and purchases;
• To notify you of upcoming events and/or promotions by us and/or our franchisees; and
• Monitor and address complaints, other feedback and to resolve disputes.

We may share personal information within our network, which includes each of our associates and related entities. Use of this information by us and our related entities will comply with this privacy policy. Occasionally, with your permission, we will send marketing information to you, such as discount coupons, information about new product offerings, etc. If you do not elect to receive such materials, we will not send them to you.

Personal information you provide is considered a company asset and may be included among transferred assets if we merge, combine or divest part of our business unless prohibited from doing so by law. 

As we have presence internationally, in providing services we may store and process data in Australia or any other country where we operate. This does not diminish your rights and we will take all reasonable steps necessary to ensure transferred information is kept secure as required by applicable data privacy laws. By submitting your personal information to us you agree that you do not object to any such transfer, processing or storage. 

Companies may be engaged by us to perform a variety of functions, such as, fulfilling orders, assisting with promotions and marketing, providing technical services etc. These companies may have access to personal information if needed to perform such functions. However, these companies may only use such personal information for the purpose of performing that function and may not use it for any other purpose.

We do not sell personal information to third parties. However, with your permission, we will, on occasion send marketing information on behalf of one of our business partners and/or sponsored entities about products or services they provide that may be of interest to you. You may be asked if you wish to receive marketing materials from our business partners. If you elect to receive such materials, we will not share your personal information with such partners but rather will send a mailing or e-mail on behalf of the partners.

We reserve the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Accuracy of Personal Information

We try to ensure that the personal information held by us about you is accurate, complete and up to date. To assist us, we ask that you notify us promptly if there are any changes to your personal information. You may ask us to correct any inaccurate information we hold about you and we will address your concerns within a reasonable period.

Data Security

We have implemented security features in our database to protect your personal information from unauthorised access.  Our servers are maintained in a controlled and secured environment.  We will take reasonable steps to protect your personal information from misuse and loss, and from unauthorised access, modification or disclosure. For example, personal information stored electronically requires login and passwords for access, and is only utilised by staff whose job requires access.  However, constant changes to the Internet and technology mean that we cannot guarantee that data transmission will be 100% secure or safe from attack from unauthorised intruders. 

Your personal information where not stored electronically, is stored in our secure office premises with restricted access or with an offsite secure storage facility. If we no longer require the use of your personal information, we will take reasonable steps to destroy or permanently de-identify it.

Access to Personal Information

We will provide you with access to your personal information upon request. We will endeavour to provide the information to you in a timely manner. You may be charged a fee for servicing your request which we will advise you at the time. There is no fee for lodging a request for access.

There may be circumstances in which we cannot provide you with access; for example, where this is required or authorised under the law, would have an unreasonable impact upon the privacy of other individuals or the request for access is frivolous or vexatious. We will advise you of the reasons if we deny you access.

If you need to update your personal information, please contact our Privacy Officer in the manner described below. 

Your Rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Cookies

In order to provide better customer service and to enhance our relationship with our customers, we collect statistical information on website activity such as the number of Users who visit our website, the date and time of visits, the number of pages viewed, time spent on website, navigation patterns and origin of the User. In common with most websites, we use “cookies”. A cookie allows us to identify and more effectively interact with your computer. A cookie does not identify the individual User although they do identify the User’s browser type and Internet service provider. You may be able to configure your browser so that it does not receive cookies but in doing so some of the functionality of The Coffee Club’s website may be lost.

Consent

You consent to us, our agents, contractors, authorised employees and any related party collecting, maintaining, using and disclosing your personal information in accordance with our Privacy Policy for the purposes contemplated by this Policy.

You also hereby authorise us, our agents, contractors, authorised employees and any related party to send to you commercial and non-commercial electronic messages for the purposes set out in this section and/or as contemplated by this Policy.

How to contact us

We will try to answer any question and address any concern you have about the information we hold about you, or about our information-handling practices. You may contact us by email: hello@planours.com.

If we are unable to resolve your request, you may refer the complaint to the Privacy Commissioner.