Website Use Terms

General

  1. As a user of this Website, you are bound by this Website Use Terms and you acknowledge and consent to the Privacy Policy.
  2. Commerce Torquay may at any time vary and amend this Website Use Terms and Privacy Policy by publishing the varied terms on this Website.  You accept that by doing this, Commerce Torquay has provided you with sufficient notice of the variation and amendment.
  3. It is your responsibility to familiarise yourself with the current Website Use Terms and Privacy Policy each time you visit this Website.  When deciding to visit this Website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Commerce Torquay which has not been expressly stated in this Website.

Usage Licence

By allowing you to access this Website, Commerce Torquay grants you the Licence.  By accessing this Website, you accept the terms of the Licence.  Additionally, you must ensure your employees, subcontractors and other agents (if any) who have authorised access to this Website are made aware of the terms of this Licence.

Warranties

  1. Commerce Torquay does not warrant that the material in this Website is accurate, complete or up to date.  The existence of inaccurate, incomplete or superceded material in the website will not cause Commerce Torquay to be in breach of the terms of the Licence.
  2. Commerce Torquay reserves the right to change, add or remove any material in or from the website without notice.
  3. Commerce Torquay does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

Excluded terms

To the maximum extent permitted by law, all terms, conditions and warranties that would be implied into this Website Use Terms or in connection with the use of this Website under law, statute, custom or international convention are excluded.

Limitation of liability

Except in the case of a breach of the Consumer Guarantees, the liability of Commerce Torquay for any loss or damage suffered by you in contract in tort or otherwise, is limited to the amount of $100 AUD.

Intellectual Property rights

You acknowledge that the material in this Website is the subject of copyright © and that it is the subject of other Intellectual Property and legal rights (including third-party rights).  You must not, during or at any time after the expiry or termination of the Licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing,

Trade marks

All trade marks, whether registered or unregistered, in connection with Commerce Torquay are trade marks of Commerce Torquay and its related bodies corporate.

Access to or use of this Website does not constitute or create a licence except as expressly provided in these Website Use Terms or any other right to use Commerce Torquay's name, trade marks, copyright or any other Intellectual Property.

Indemnity

You must indemnify and keep Commerce Torquay indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Commerce Torquay may incur to a third party or you as a result of your breach of the provisions of the Licence.

This website may contain hyperlinks to other websites operated by third parties.  You accept that Commerce Torquay has no control over, and is not responsible for, any material contained on any third-party websites.  You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.

General

  1. If any provision of this Website Use Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected.
  2. The Website Use Terms and the Privacy Policy are governed by the law applying in Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Website Use Terms, Privacy Policy or in connection with the use of this Website.

Definitions

In these Website Terms, the following definitions apply:

Consumer Guarantees means the guarantees set out in Division 1, Part 3-2 of the Australian Consumer Law.

Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via this Website.

Licence means a non-exclusive right, in accordance with this Website Use Terms, to:

  1. view the material in this Website;
  2. access material contained in this Website; and
  3. download and use any material contained in this Website for a temporary purpose (such as viewing offline);

it excludes any rights to:

  1. copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of TCT, except as expressly authorised by this Licence; or
  2. provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of TCT.

Privacy Policy means the policy relating to your personal information and set out here.

Commerce Torquay means Torquay Commerce and Tourism Inc. (A0029944N) (ABN 23 769 138 253).

Website means http://www.torquaycommerce.com.au/ and all content created under it.

You means the individual or organisation using this Website.


Privacy Policy

General

Protecting your privacy is very important to Commerce Torquay.  We are committed to maintaining the security of all Personal Information provided to Commerce Torquay, whether by individuals with whom Commerce Torquay do business, visitors to and users of this Website and social media accounts or otherwise.  This Privacy Policy details how Commerce Torquay collect, use and manage this Personal Information.

This Privacy Policy explains how Commerce Torquay manages the Personal Information that it collects, uses and discloses, and how to contact Commerce Torquay if you have any further queries about Commerce Torquay’s management of, or would like to request access to, your Personal Information.

Collection

  1. Commerce Torquay collects Personal Information in connection with your use or purchase of its products and services, to provide you with the products and services you request, as well as information on other products and services offered by Commerce Torquay.
  2. Where possible, Commerce Torquay will collect Personal Information directly from you or a person authorised to provide your Personal Information on your behalf.  This can be through this Website, a Commerce Torquay social media account, in a retail store supplied by Commerce Torquay, over the phone or by email.  Should Commerce Torquay collect your Personal Information from a third party, Commerce Torquay will take reasonable steps to ensure that the third party has obtained your consent to provide your Personal Information to Commerce Torquay.
  3. If you do not provide Personal Information requested of you to Commerce Torquayor, withdraw your consent to Commerce Torquay’s collection, use and disclosure of your Personal Information at any time (subject to contractual and legal restrictions and reasonable notice), Commerce Torquay may be unable to provide you the products or services you have requested or contact you in the future.
  4. If you no longer wish to receive a Commerce Torquay newsletter, or information about Commerce Torquays products, services, store launches, events or other promotional information you may unsubscribe by contacting Commerce Torquay as described below.  For communications sent by email or other electronic means you will also be able to unsubscribe using the unsubscribe mechanism in the message itself.
  5. When you use this Website, Commerce Torquay collects certain standard information that is sent by your browser to this Website, some of which constitutes Personal Information.  Specifically, such information collected includes technical information, such as your IP address, browser type, operating system, language, time zone setting, access times and any referring website addresses.  Commerce Torquay uses this information to administer its Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

Cookies

  1. A cookie is a small data file that a website may write to your hard drive when you visit.  A cookie file can contain information (such as a user ID) that the website can use to track the pages you have visited and your preferences.  The only Personal Information a cookie can contain is information you personally supply.  A cookie cannot read data from your hard disk or read cookie files created by other websites.
  2. Commerce Torquay uses cookies to track your traffic patterns and to provide a better service for you when you visit this Website.
  3. You may set your browser to provide notification when a cookie is received, and the opportunity to accept or reject the cookie.  You can also refuse all cookies by turning the function off in your browsers. However, to ensure the full functionality of this Website, the use of cookies is required.

Disclosure of Personal Information

  1. Commerce Torquay may share your Personal Information with people within its business who have a “need to know” that Personal Information and may disclose your Personal Information to third parties including Commerce Torquay’s advisors, suppliers of IT services, third parties engaged by Commerce Torquay for the purpose of providing services requested by you, to protect or enforce any intellectual property rights in any materials displayed on or otherwise available from Commerce Torquay's website, for the purposes of seeking legal or other professional advice, to respond to a legal request or comply with a legal obligation and to enforce TCT's Website Use Terms.
  2. We may disclose your Personal Information to third parties in the event that Commerce Torquay sell, buy or merge any business or assets, including to the prospective seller or buyer of such business or assets.

Security

Commerce Torquay takes all reasonable technical and organisational security measures to protect personal information from accidental or unlawful destruction, accidental loss and unauthorised access, destruction, misuse, modification or disclosure.

Access to Personal Information and right to rectification

You can gain access to the Personal Information Commerce Torquay holds about you by sending a request here.  As Commerce Torquay wishes to ensure the Personal Information it holds about you is complete, accurate and up to date, you have the right to send a request for rectification via the same form.

Hyperlinks

Other websites may be accessible via hyperlinks from this Website.  Please note these other websites are not subject to the Commerce Torquay Privacy Policy.  Please review the privacy policy of each website you access via hyperlinks from this Website, and assess whether the policy of each website is satisfactory to you before you use the other websites.

Concerns or Comments

If you have a concern or complaint about how Commerce Torquay has used your Personal information, as a first step, you should raise this in writing with Commerce Torquay, using the contact details available on our website or via the contact form here.  Any comments or queries can also be submitted using the same form.

Definitions

In this Privacy Policy, the following definitions apply:

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information is recorded in a material form or not and includes but is not limited to:

  1. identifying and contact information (for example, your name, address, age, date of birth, gender, and email address);
  2. financial information (for example, credit or debit card details);
  3. health information; and
  4. if you visit this Website, register an account with us and/or purchase products through this Website, your username and password, IP address, information about your purchases and your other activity on this Website (for example, tracking which areas of this Website you visit and the content you view); and
  5. other information with your consent or where required by law.

Privacy Policy means this policy as amended from time to time.

Commerce Torquay means Torquay Commerce and Tourism Inc. (A0029944N) (ABN 23 769 138 253).

Website means http://www.torquaycommerce.com.au/ and all content created under it.

You means the individual or organisation using this Website.