Legal Stuff

The Grocery Geek Website : Terms of Use

The Grocery Geek Website : Terms of Use

1 September 2015

Introduction

The Grocery Geek Pty Ltd ABN 20 610 000 676 (“TGG”), operate this website – URL: www.thegrocerygeek.com.au (“website”).

Access and use of this website is governed by:

  • these terms of use;
  • our privacy policy, and;
  • any other terms, conditions, notices or disclaimers displayed on the website;
    (collectively “Website Terms”).

It is important that you understand these Website Terms as they form the legal contract that governs your use of this website. By accessing or using this website, you agree to be bound by these Website Terms.
These Website Terms may be modified at any time without notice – You should check these Website Terms for changes.
TGG reserves the right at any time and/or from time to time to modify or discontinue the service, temporarily or permanently without notice.

Copyright and Linking

The information appearing on this page is protected by copyright and must not be copied, reproduced, republished, printed or downloaded without the prior written consent of TGG.
Copyright in some of the information appearing on this page may belong to third parties which have given permission for TGG to use the information.
You may bookmark this page for your own personal, non-commercial use without limitation.
You may link any page of the website from your website on the following conditions:
Full attribution is provided to TGG.
The link is provided in a context which is not defamatory or derogatory or in breach of any Australian laws or laws of the country in which the linking website is based
The link must not be provided in a context which may infer affiliation with, or the endorsement or sponsorship of TGG.
The link is provided free of charge. If the link is to be provided on a paid basis, you must obtain the permission from TGG.
TGG is not responsible or liable for any content, advertising, products or other materials on these external websites.
The inclusion of any links to an external resource on the website does not imply endorsement by TGG.
TGG cannot be held responsible or liable for any damage or loss caused by, or in connection with the use any externally linked websites or resources.

Trade Mark

No TGG trade mark or logo whether registered or otherwise may be used without the prior, specific, written permission of TGG.

Automated use of the site

Crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing the site. You may not provide unauthorised interfaces to any of our applications.

Intellectual property

Except where expressly provided otherwise in these Website Terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.
The website contains material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Website Terms, you may reproduce and display the material on the website for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without TGG’s prior written approval.
In particular, you may not use any material on the website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution.
Nothing displayed on the website should be construed as granting any right of use in relation to any logo or trade mark displayed on the website without the express written consent of the relevant owner.

Third party websites, advertising and activities

The website may feature or display links and pointers to external websites operated by third parties. Such websites do not form part of the TGG website and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the TGG website entirely at your own risk.
You must not link to the TGG website from any external website (or otherwise authorise any other person to link from a third party website to the TGG website) without our prior written consent.
The TGG website may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third party using functionality provided on the website, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of TGG’s Privacy Policy. For example, the personal information you provide when registering on the website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email our Privacy Officer.

Video Player

We may allow you to share or embed some of the content in our video player on third party sites. Such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality of the video player. No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions, and TGG reserves all rights in relation to the content and the Video Player, including the right to require users of the video player to remove shared or embedded content for any reason in our absolute discretion. Users of the video player must comply with any request to remove content in a timely way, but in any case within one business day of the request being made. Users must display contact information on their website sufficient to allow TGG to make contact and request player removal. TGG does not make any warranty, representation or guarantee as to availability or any level of service and may disable the video player without notice.

Privacy Policy

TGG is committed to protecting your privacy. The Privacy Policy available here, forms part of these Website Terms.

Disclaimer of Warranties

You understand and agree that your use of this website is at your sole risk and responsibility. The website is provided as is, without warranties of any kind, whether express or implied, including, but not limited to the implied warranty of fitness for a particular purpose.
TGG assumes no responsibility for errors or omissions in this website or and other website that may be referenced or linked to this website.
TGG is not responsible for the accuracy, currency, reliability, completeness and usefulness of all opinions, advice and information provided through the website. TGG does not warrant that the website will be uninterrupted or error-free or those defects in the website will be corrected.
Where content expresses opinions or interpretations, these are subjective to the author and must not be viewed as binding statements of law or affirmation of any facts. The content available on the website does not constitute legal advice and users should not rely on any information obtained from the website as the basis for formulating any legal position or making any commercial decision. Legal advice on all regulatory compliance and legal matters should be sought only from a qualified lawyer who has been briefed on the particular facts and circumstances of your situation and has been requested to advise on the basis of the full circumstances with full instructions to provide professional and qualified legal advice.
Registration to the website is at present free, however TGG reserves the right at any time to charge fees for access to portions of the website. In the event that fees or charges are applicable, you will not be charged without your prior consent. If at any time fees or charges are to be introduced for all, or any portions of the website, you will be notified in advance before this occurs.

Liability

Use of the website and is at your risk. None of TGG’s affiliates or directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the Website, its use, its content or any products or services (including TGG’s products or services) referred to in the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • reliance on the completeness, accuracy, suitability or currency of the website or any of its content (including third party material and advertisements in the website), irrespective of any verifying measures taken by us. The website is designed for general interest only and access is provided for information purposes only.
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
  • accessing any sites or servers maintained by other organisations through links on the website. Links are provided for the convenience of users only and without responsibility for the content or operation of those websites. Unless otherwise stated, linked sites and their products and services are not endorsed by TGG and your linking to any such site is at your own risk.
  • the modification, suspension or discontinuation of the Service.
  • defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  • a breach by TGG of its Privacy Policy (other than a wilful breach)
  • the rejection of an application for registration, or the cancellation or suspension of a registered users account.

You are liable to us for breach of the Website Terms or negligence under the principles applied by the courts.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with TGG, including any breach by you of the Conditions.

Severability

If any provision of the Website Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Terms, which shall remain in full force and effect.

No waiver

If we do not act in relation to a breach of the Website Terms by you, we do not waive any rights in relation to that breach or any later breach by you.

Affirmation regarding age

By using the TGG website, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Assignment and novation

We may assign or novate any of our rights or obligations under these Website Terms without your consent.

Continued application

These Website Terms will continue to apply even when you cease using the website.

Variation or Waiver

No variation to or waiver by us of any provision of these Website Terms, nor any consent to depart from any of its Website Terms is effective unless it is confirmed in writing and signed by us. A variation, waiver or consent is effective only in the circumstances for which it is made or given.
No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Website Terms operates as a waiver of the right.
Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Website Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.

Cumulative Rights

The rights, powers and remedies provided to us in these Website Terms are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of these Website Terms.

Nature of agreement

These Website Terms constitute the entire agreement between you and us in relation to its subject matter. You acknowledge and agree that you have not relied on any representations by us in entering this agreement, except those contained in these Terms.

Governing Law

The Website Terms are governed by the law in force in the Australian Capital Territory, Australia.
If any part of these Website Terms is found to be invalid or unenforceable, it shall be severed without affect the remainder.
The TGG website may be accessed from locations both in Australia and overseas. We make no representation that the TGG website complies with the laws of any country outside of Australia. When accessing the TGG website from locations outside Australia you do so taking responsibilty for complying with the laws of the jurisdiction from which you accessed the TGG website.

Inconsistent Terms

If there is any inconsistency between these terms of use and any other terms displayed on individual pages of this website (“other terms”), the other terms will govern to the extent of the inconsistency. We note that the competitions we conduct are subject to separate terms and conditions.

Interpretation

Unless it is inappropriate in the context:

  • the singular includes the plural and vice versa;
  • a reference to an individual or person includes a corporation, firm and government body and vice versa;
  • a reference to a clause is to a clause of these Website Terms;
  • a reference to ‘dollars’ or ‘$’ is to an amount in Australian currency;
  • a reference to a party includes that party’s executors, administrators, substitutes, successors and permitted assigns;
  • any covenant, agreement or warranty on the part of or in favour of two or more persons is deemed to bind or be in favour of them jointly as well as each of them severally;
  • the meaning of general words is not limited by specific examples introduced by ‘including’, ‘such as’, ‘for example’ or ‘even if’, or other similar expressions;
  • a reference to a document (including these Website Terms) includes the document as modified from time to time and any document replacing it;
  • a reference to one gender includes each gender; and
  • headings are included for convenience and do not affect interpretation.

The Grocery Geek Pty Ltd : Privacy Policy

The Grocery Geek : Privacy Policy

1 September 2015

This Privacy Policy (“Privacy Policy”) sets out how and why The Grocery Geek Pty Ltd (ABN: 20 610 000 676) (“TGG”, “us”, “our”, “we”) collect, store, use and disclose your personal information.
We collect a variety of information from visitors to the TGG website [URL – www.thegrocerygeek.com.au] (“website”), some of which can be confidential.
By visiting the website, using any of our services or otherwise providing us with your personal information, you agree to your personal information being handled as set out in this Privacy Policy.

What kind of information do we collect?

Regardless of whether you register on the website, we collect general information that is not personal to you. This type of information generally relates to your behaviour on the website, and includes things like the type of browser you are using, your geographic location, and how you came to the website. It also includes information that will help us trouble-shoot problems, analyse our resources and improve our services. There is nothing contained in that kind of information that could enable anyone to identify who you are.
We only collect personal information that is necessary to assist us in providing our services on our website. We generally collect personal information such as name, phone numbers, address, and email address.
If we receive personal information that we have not requested (unsolicited personal information) we will, unless otherwise required or permitted by law, delete or destroy it as soon as possible after receiving it.
In certain circumstances we may be required or permitted by law, court or tribunal order to collect certain personal information about you.
You do not have to provide us with your personal information but if you do not provide us with the personal information that we need, we may not be able to provide our services or assistance to you or on your behalf.

When do we collect personal information?

We collect personal information in a number of ways, including:

  • when you visit and interact with our website and related software (including mobile applications);
  • when you register an account, post products or other information to our website;
  • through cookies and other technologies that allow us to give you a better experience on our website; and
  • when you contact and interact with us independently of the website, such as by email, phone or in person.

You must not provide us with the personal information about another person unless you have first obtained that person’s prior consent to do so and you have told them their personal information will be handled in accordance with this Privacy Policy and where they are able to find it.

How do we use your personal information?

We collect your personal information so that we can provide you with the products and services you are seeking from us.
We may use your personal information to:

  • establishing, maintaining and administering your account and customise the service we provide to you;
  • send you service or promotional communications, including surveys and information;
  • create or distribute advertising material that is relevant to you;
  • conducting verifications of profiles and products, checking your credentials, monitoring and reporting as permitted under any applicable laws;
  • quality assurance and training purposes; and
  • any other uses identified at the time of collecting your personal information.

You consent to us using and disclosing your personal information in any manner that could reasonably be contemplated by this Privacy Policy, our terms and conditions or users of this site generally.

When might we disclose your personal information?

Any personal information provided to us may be disclosed, if appropriate, to other entities in order to facilitate the purpose for which the information was collected. Such entities generally include:

  • to the Suppliers registered with us;
  • third party service providers for the purpose of enabling them to provide a service;
  • any related entity of TGG;
  • any applicable or relevant regulator or third party for the purpose of legislative or contractual compliance and/or reporting; or
  • other entities if you have given your express consent.

From time to time, these parties may reside outside Australia. Our contracts with these parties generally include an obligation for them to comply with Australian Privacy Law and this Privacy Policy. However you acknowledge that, by agreeing to the disclosure of your personal information to these entities outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas recipient’s compliance with the Australian Privacy Law in relation to your personal information and we will not be liable to you for any breach of the Australian Privacy Law by these overseas recipients. On this basis, you consent to such disclosure.
If you conduct any transaction that requires a payment by you, some of your details may be provided to a third party payment processor to allow the transaction to be completed.

Direct marketing

From time to time we may use the personal information we collect from you to identify particular TGG services which we believe may be of interest to you. We may then contact you to let you know about these services and how they may benefit you. We will generally only do this with your prior consent and we will always give you a choice to unsubscribe/opt out of receiving such information in future.
Any direct marketing from TGG generally takes the form of an electronic marketing email. (Electronic marketing means where we use your personal information to send you marketing information by email, SMS, MMS or other electronic means which we may do so with your express or implied consent. You may give us your express consent by, for example, ticking a box on an electronic or signing in paper form where we seek your permission to send you electronic or other marketing information. Consent may be implied from our existing business relationship or where you have a reasonable expectation of receiving an electronic marketing communication).
Every directly addressed marketing contact sent or made by us will include a means by which you may unsubscribe/opt out of receiving further marketing information. Additionally, you may instruct us at any time to remove any previous consent you provided to receive marketing communications from us. Requests should be directed to us via the details provided under section ‘Contact Details’ below.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.

Unsubscribe/Opt-out

We provide you the opportunity to unsubscribe/opt-out of having your personal information used for direct marketing each time we send you a direct marketing communication.
If you no longer wish to receive our newsletter or other promotional communications, you may unsubscribe/opt-out from receiving them by following the instructions included in each newsletter or communication or by emailing us at any time via the details provided under section ‘Contact Details’ below.

Links to third party websites

Our website may contain links to the websites of other entities. If you click on such links, you will be transferred to the website of these entities. We have no control over, and we are not responsible for, the privacy practices of these entities. You should read the privacy policy of these entities to find out how they handle your personal information when you visit their websites.

Access to your personal information

You may review, edit, correct or delete any personal information you submit to us at any time. You may access personal information we otherwise hold about you, subject to a small number of legal restrictions or exemptions. Where such restrictions or exemptions exist we will advise you of those reasons at the time of your request.
If you wish to access the personal information we hold about you or request correction of it, you should contact us as per the details provided under section ‘Contact Details’ below.
While we do not charge you for a request for accessing your personal information you should be aware that we may charge a reasonable fee (which will be notified to you once you make a request) for time and cost in the following circumstances:

  • if an extended amount of time is required to collate and prepare material for you; and
  • if you wish to have your files photocopied for you.
How can you correct and/or update your information

We take reasonable steps to ensure that the personal information we hold about you is accurate, complete and up-to-date. However, we also rely on you to advise us of any changes to your personal information by maintaining and updating your profile.
Please contact us using the ‘Contact Details’ below as soon as possible if there are any changes to your personal information or if you believe the personal information we hold about you is not accurate, complete or up-to-date so that we can update your file accordingly.

Storage and security

We will take all reasonable steps to protect your personal information, and you will be able to access your personal information held on our website at any time to keep it updated.
Although we aim to create a safe, secure environment by trying to limit access to the site to legitimate users, we cannot guarantee that unauthorised parties will not gain access. We will not have any liability arising from any unauthorised access to your personal information.
Some simple steps on your part will help keep your personal information secure. For example, we suggest that you:

  • choose a password that will not be obvious to others, and update this password regularly.
  • log out at the end of each session.
  • do not have your browser remember your login information, particularly if you are using a publicly accessible computer or device.
  • do not disclose your password to anyone else.
Complaints

If you are concerned that we may have breached this privacy policy or the Australian Privacy Principles, please contact us using the ‘Contact Details’ below.
We will make a record of your complaint and will refer it internally for further investigation. We will contact you with our response within 30 days.
We will keep you informed of the progress of our investigation.

Changes to this privacy policy

We may change this statement from time to time. Updated versions of this statement will be available on our website.
Your continued use of our services, requesting our assistance or the provision of further personal information to us (directly or via an authorised person) after this Privacy Policy has been revised, constitutes your acceptance of the revised Privacy Policy

Contact details

If you have any queries regarding privacy, whether that be in relation to this statement or arising out of your use of the site, you can contact us by:

  • email: contact@thegrocerygeek.com.au
  • telephone: 0476 272 645

Please contact us immediately if you become aware of any unauthorised use or any other breach of security.

Further information

For more general information regarding privacy in Australia, visit the website of the Office of the Australian Information Commissioner.