Brisbane Women’s Club (“BWC”) is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This statement of privacy applies to the BWC website and governs data collection and usage. By using the BWC website, you consent to the data practices described in this statement.

Collection of your personal information

BWC collects personally identifiable information, such as your email address, name, home or work address or telephone number. BWC also collects anonymous demographic information, which is not unique to you, such as your post code, age, gender, preferences, interests and favourites.

There is also information about your computer hardware and software that is automatically collected by BWC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by BWC for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the BWC website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through BWC public message boards, this information may be collected and used by others. Note: BWC does not read any of your private online communications.

BWC encourages you to review the privacy statements of websites you choose to link to from BWC so that you can understand how those websites collect, use and share your information. BWC is not responsible for the privacy statements or other content on websites outside of the BWC and BWC family of websites.

Use of your personal information

BWC collects and uses your personal information to operate the BWC website and deliver the services you have requested. BWC also uses your personally identifiable information to inform you of other products or services available from BWC and its affiliates. BWC may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

BWC does not sell, rent or lease its customer lists to third parties. BWC may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (email, name, address, telephone number) is not transferred to the third party. In addition, BWC may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to BWC, and they are required to maintain the confidentiality of your information.

BWC does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

BWC keeps track of the websites and pages our customers visit within BWC, in order to determine what BWC services are the most popular. This data is used to deliver customised content and advertising within BWC to customers whose behaviour indicates that they are interested in a particular subject area.

BWC websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BWC or the site; (b) protect and defend the rights or property of BWC; and, (c) act under exigent circumstances to protect the personal safety of users of BWC, or the public.

Use of cookies

BWC website use “cookies” to help you personalise your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalise BWC pages, or register with BWC site or services, a cookie helps BWC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same BWC website, the information you previously provided can be retrieved, so you can easily use BWC features that you customised.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of BWC services or websites you visit.

Security of your personal information

BWC secures your personal information from unauthorised access, use or disclosure. BWC secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the secure socket layer (SSL) protocol.

Changes to this statement

BWC will occasionally update this statement of privacy to reflect company and customer feedback. BWC encourages you to periodically review this statement to be informed of how BWC is protecting your information.

Contact information

BWC welcomes your comments regarding this statement of privacy. If you believe that BWC has not adhered to this statement, please contact BWC through our contact page. We will use commercially reasonable efforts to promptly determine and remedy the problem.

 

TERMS OF USE

AGREEMENT BETWEEN USER AND BWC

The BWC website is comprised of various web pages operated by BWC.

The BWC website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BWC website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

BWC reserves the right to change the terms, conditions, and notices under which the BWC website is offered, including but not limited to the charges associated with the use of the BWC website.

LINKS TO THIRD PARTY SITES

The BWC website may contain links to other websites (“linked sites”). The linked sites are not under the control of BWC and BWC is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. BWC is not responsible for webcasting or any other form of transmission received from any linked site. BWC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BWC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BWC website, you warrant to BWC that you will not use the BWC website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BWC website in any manner which could damage, disable, overburden, or impair the BWC website or interfere with any other party’s use and enjoyment of the BWC website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BWC websites.

USE OF COMMUNICATION SERVICES

The BWC website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”); you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, you agree that when using a communication service, you will not:

* defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

* upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

* upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

* advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.

* conduct or forward surveys, contests, pyramid schemes or chain letters.

* download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.

* falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* restrict or inhibit any other user from using and enjoying the communication services.

* violate any code of conduct or other guidelines which may be applicable for any particular communication service.

* harvest or otherwise collect information about others, including email addresses, without their consent.

* violate any applicable laws or regulations.

BWC has no obligation to monitor the communication services. However, BWC reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. BWC reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

BWC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BWC’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. BWC does not control or endorse the content, messages or information found in any communication service and, therefore, BWC specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorised BWC spokespersons, and their views do not necessarily reflect those of BWC.

Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BWC OR POSTED AT ANY BWC WEBSITE

BWC does not claim ownership of the materials you provide to BWC (including feedback and suggestions) or post, upload, input or submit to any BWC website or its associated services (collectively “submissions”). However, by posting, uploading, inputting, providing or submitting your submission you are granting BWC, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your submission, as provided herein. BWC is under no obligation to post or use any submission you may provide and may remove any submission at any time in BWC’s sole discretion.

By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the BWC website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. BWC and/or its suppliers may make improvements and/or changes in the BWC website at any time. Advice received via the BWC website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

BWC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the BWC website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. BWC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall BWC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the BWC website, with the delay or inability to use the BWC website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the BWC website, or otherwise arising out of the use of the BWC website, whether based on contract, tort, negligence, strict liability or otherwise, even if BWC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the BWC website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the BWC website.

TERMINATION/ACCESS RESTRICTION

BWC reserves the right, in its sole discretion, to terminate your access to the BWC website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, this agreement is governed by the laws of the Queensland. And you hereby consent to the exclusive jurisdiction and venue of courts in Queensland in all disputes arising out of or relating to the use of the BWC website. Use of the BWC website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BWC as a result of this agreement or use of the BWC website. BWC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BWC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BWC website or information provided to or gathered by BWC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BWC with respect to the BWC website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BWC with respect to the BWC website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the BWC website are subject to copyright | ABN: 490 099 85746 ACN: 009 985 746 and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

GENERAL TERMS AND CONDITIONS OF E-SALE

1. All goods and services (“products”) supplied by BWC are supplied on these terms and conditions, the supply of which is also subject to additional terms and conditions of sale.

2. No order shall be binding on BWC until accepted by BWC. An individual contract for the supply of products, on these terms and conditions, is formed on acceptance by BWC of an order from the customer. BWC reserves the right to accept any order in whole or in part. Where BWC makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by BWC.

3. All orders must be paid for via valid credit card at the time of order placement.

4. Ownership of the products does not pass to the customer until the customer has discharged all outstanding indebtedness, whether in respect of the products or otherwise, to BWC. Risk in the products will pass on delivery to the customer.

5. BWC reserves the right to charge for delivery of the products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values.

6. Any products which are damaged or defective, delivered after their “use by” or “best before” date, or which are not otherwise in accordance with the customer’s order, may be returned to BWC within 14 days of invoice date, at no cost to the customer. Products may not otherwise be returned.

7. Except for those required or implied by legislation, BWC gives no express warranty in relation to products and services supplied to the customer, and the customer acknowledges that it has not relied on any representation or warranty made by or on behalf of BWC. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of BWC under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or BWC to:

(a) if the breach or liability relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired;

(b) if the breach or liability relates to services;

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

1. Except as expressly provided above, BWC shall not be under any liability to the customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the products, any services supplied by BWC or the failure of BWC to comply with these terms and conditions.

2. These terms and conditions will apply to the exclusion of all other terms and conditions contained in the customer’s order. In the event of any inconsistency, BWC will be deemed, by delivering the products to the customer or supplying services to the customer, to have made an offer to the BWC reserves the right to change these terms and conditions at any time.

3. BWC reserves the right to recover from the customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the customer.

4. These terms and conditions are governed by and will be construed in accordance with the laws of the Queensland and the parties agree to submit to the jurisdiction of the courts of that territory.

5. The failure by BWC to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.