Terms
Last Revised 6th June 2018
Protecting your privacy is important to McKellar
Cottage (McKellar Cottage). The following terms and conditions (Policy) explain
how McKellar Cottage collects, uses, and discloses the personal information you
may provide while using the website located at https://mckellarcottage.com.au
(Website) and the services provided through any of the Website.
It is always your choice whether or not to provide
personal information through the Website. Any personal information you provide
will be treated with care and, subject to this Policy and law, will not be used
or disclosed in ways to which you have not consented.
1.
YOUR CONSENT
By using a Website or submitting information to McKellar
Cottage through or in connection with a Website, you signify your consent to McKellar
Cottage’s collection, use, and disclosure of your personal information in
accordance with the Policy. If you do not agree with the Policy, you may not
use any of the Website or submit information to McKellar Cottage through or in
connection with a Website.
2.
INFORMATION AUTOMATICALLY COLLECTED
(a)
Non-Personal Information – As is typical with many other Internet websites, the
Website automatically collects certain non-personal information regarding
Website users, such as the date and time you access the Website, the Internet
address of the Website from which you linked to the Website, the operating
system you are using, the Website pages read and images viewed, and any content
you post to or download from the Website. This non-personal information is used
for Website and system administration purposes and to improve the Website.
Non-personal information may be disclosed to others and permanently archived
for future use.
(b)
Cookies – The Website use “cookies”, a technology that stores a small amount of
information on a Website user’s computer to permit the Website to recognise
future visits using that computer. Cookies enhance the convenience and use of
the Website. For example, the information provided through cookies is used to
recognise you as a previous user of the Website (so you do not have to enter
your personal information every time), offer personalised web page content and
information for your use and otherwise facilitate your Website experience. McKellar
Cottage may engage third parties to provide cookies that collect information
regarding Website use. You may choose to decline cookies generally if your
browser permits but doing so may affect your use of the Website and your
ability to access certain features of the Website.
3.
PERSONAL INFORMATION YOU SPECIFICALLY PROVIDE
(a) Your
Personal Information – During your use of the Website, including your
registration as an McKellar Cottage parent, you may be asked to voluntarily
provide personal information (such as your personal name, e-mail address,
postal address, telephone number, and credit card information) for purposes
such as facilitating communications with you or facilitating your use of the
Website. If you choose not to provide certain requested personal information,
you will not be able to register as a McKellar Cottage parent or use certain
features of the Website.
(b) Use
of Your Personal Information – McKellar Cottage may use your personal
information to contact and correspond with you, respond to your communications,
provide services to you, facilitate and enhance your use of the Website,
facilitate transactions through the Website, and as otherwise permitted by law.
Gymea Pre-Kindergarten may develop a confidential profile for you, which will
be used to provide services to you and facilitate your use of the Website.
Additionally, McKellar Cottage may keep a record of all communications with
you.
(c)
E-mails from Gymea Pre-Kindergarten – If you register as a McKellar Cottage
parent, then McKellar Cottage may send to you, from time to time, e-mail or
other communications containing information about McKellar Cottage and the
Website and other matters McKellar Cottage believes will interest you. At any
time you may ask McKellar Cottage to stop sending you e-mail and other
information by sending your request by e-mail to privacy@mckellarcottage.com.au
Also, each e-mail McKellar Cottage sends to you will tell you how to decline
further unsolicited e-mail. From time to time McKellar Cottage may also send to
you e-mail containing important information regarding the Website, which you
may not opt out of receiving.
4.
DISCLOSURE OF YOUR PERSONAL INFORMATION
Gymea Pre-Kindergarten may disclose your personal
information in the following circumstances and as otherwise permitted by
applicable law:
(a)
Disclosure to Authorising Persons – If you use the Website on behalf of another
person or organisation (such as your employer), McKellar Cottage may provide
your personal information to that authorising person/organisation. McKellar
Cottage has no control over the use of your personal information by the
authorising person/organisation, and that use is not subject to the Policy. If
you do not wish your personal information to be disclosed to the
person/organisation on whose behalf you use the Website, you may not use the
Website.
(b)
Disclosure to Affiliates, Suppliers and Service Providers – McKellar Cottage
may provide your personal information to its affiliated businesses, such as Early
Education Initiative PTY LTD, or other suppliers and service providers for use
in connection with the operation of the Website. For example, your credit card
provider and the shipping company in order to facilitate the purchase of
children’s books through the Website. McKellar Cottage may also disclose
certain of your personal information to service providers that analyse Website
use. McKellar Cottage requires its affiliated businesses, suppliers and service
providers to agree to use your personal information only for the purposes for
which it is provided to them, and to protect the privacy of your personal
information in a manner that is consistent with the Policy. If you do not wish
your personal information to be disclosed to McKellar Cottage’ affiliated
businesses, and service providers, you may not register as a McKellar Cottage
parent or use the Website.
(c)
Disclosure in Business Transfers – McKellar Cottage may be involved in the sale
or transfer of some or all of its business. As part of that sale or transfer, McKellar
Cottage may disclose your personal information to the acquiring organisation
but will require the acquiring organisation to agree to protect the privacy of
your personal information in a manner that is consistent with this Policy. McKellar
Cottage has no liability for the acquiring organisation’s use and disclosure of
your personal information. If at any time you do not wish McKellar Cottage to
disclose your personal information as part of the sale or transfer of some or
all of its business, please send your request by e-mail to privacy@mckellarcottage.com.au.
(d) Law
Enforcement and Legal Disclosure – McKellar Cottage may disclose your personal
information to a government institution that has asserted its lawful authority
to obtain the information or where McKellar Cottage has reasonable grounds to
believe the information could be useful in the investigation of unlawful
activity, or to comply with a subpoena or warrant or an order made by a court,
person or body with jurisdiction to compel the production of information, or to
comply with court rules regarding the production of records and information, or
to its legal counsel. McKellar Cottage has no control over, or liability for,
those persons’ use and disclosure of your personal information, and that use
and disclosure is not subject to this Policy.
5.
DEPERSONALISED INFORMATION
McKellar Cottage may use personal information to
create non-personal information regarding the use of the Website and related
services. McKellar Cottage may then disclose that non-personal information to
other persons and permanently archive that non-personal information for future
use.
6.
BUSINESS CONTACT INFORMATION
To the extent permitted by law, the provisions of
the Policy concerning “personal information” do not apply to information (such as
your personal name, position or title, business address, business telephone
number, business fax number and business e-mail address) which enable you to be
contacted at a place of business.
7.
LOCATION OF INFORMATION
McKellar Cottage will store and process your personal
information in Sydney NSW Australia.
8.
SECURING YOUR INFORMATION
To help protect the confidentiality of your
personal information, McKellar Cottage employs reasonable security safeguards
appropriate to the sensitivity of the information. Nevertheless, security risks
cannot be eliminated and McKellar Cottage cannot guarantee that your personal
information will not be used or disclosed in ways not otherwise described in
this Policy.
9.
ACCESSING YOUR PERSONAL INFORMATION
You may request access to your personal information
and information about McKellar Cottage’ collection, use and disclosure of that
information by sending your request by e-mail to privacy@mckellarcottage.com.au.
Subject to certain exceptions prescribed by law, you will be given reasonable
access to your personal information within a reasonable time, and will be
entitled to challenge the accuracy and completeness of the information and to
have it amended as appropriate. McKellar Cottage attempts to keep its records
as accurate and complete as possible. You can help us maintain the accuracy of
your information by notifying us of any changes to your personal information.
10. OTHER
WEBSITES
The Website may contain links to other web sites or
Internet resources, including web sites operated by the government. When you
click on one of those links you are contacting another web site. McKellar
Cottage has no responsibility or liability for or control over those other web
sites or their collection, use and disclosure of your personal information.
11. CUSTOMER
AGREEMENT
The McKellar Cottage Customer Use Agreement
contains important provisions, including provisions disclaiming, limiting or
excluding McKellar Cottage’ liability for your use of the Website and
provisions determining the applicable law and exclusive jurisdiction for the
resolution of any disputes regarding the Website. Each of those provisions
applies to any disputes that may arise in relation to the Policy or McKellar
Cottage’ collection, use and disclosure of your personal information, and are
of the same force and effect as if they had been reproduced directly in the
Policy.
12. FORMER
USERS
If you stop using the Website or your permission to
use the Website is terminated, McKellar Cottage may continue to use and
disclose your personal information in accordance with the Policy as amended
from time to time. However, if you want McKellar Cottage to stop sending you
unsolicited e-mail and other information, please send your request by e-mail to
privacy@mckellarcottage.com.au
13. POLICY
CHANGES
To accommodate changes in the Website, changing
technology, and legal developments, the Policy may be changed from time to time
in McKellar Cottage’s discretion and without any prior notice or liability to
you or any other person. New versions of the Policy will be posted here. McKellar
Cottage’s collection, use and disclosure of your personal information will be
governed by the version of the Policy in effect at that time. Your continued
dealings with McKellar Cottage or your use of the Website subsequent to any
changes to the Policy will signify your consent to the collection, use and
disclosure of your personal information in accordance with the changed Policy.
Accordingly, when you use the Website you should check the date of the Policy
and review any changes since the last version. You should also bookmark this
page and periodically review the Policy to ensure that you are familiar with
the most current version.
14. YOUR
COMMENTS
If you have any comments or questions about the
Policy or your personal information, please send your comments by e-mail to
privacy@mckellarcottage.com.au or to:
McKellar Cottage
PO BOX 242, Sans Souci NSW 2219
MCKELLAR COTTAGE WEBSITE TERMS AND CONDITIONS
Last Revised 2nd August 2014
These website terms and conditions (Terms and
Conditions) govern your use of the McKellar Cottage website located at
https://mckellarcottage.com.au and all associated websites including
earlyeducationinitiative.com.au (together, the Website) operated by McKellar
Cottage (McKellar Cottage).
By your conduct in making use of and browsing the
Website, you acknowledge, signify and confirm that you have read, understood,
and agree to be bound by the terms and conditions. If you do not accept
and agree to the terms and conditions, then you must not use the website.
1.
ABOUT THESE TERMS AND CONDITIONS
In these Terms and Conditions “we” and “us” mean McKellar
Cottage and “you” means you the customer. These Terms and Conditions together
with the McKellar Cottage Customer Use Agreement constitute the entire contract
between McKellar Cottage and you for the supply of products.
2.
CHANGES TO THE TERMS AND CONDITIONS
McKellar Cottage may, in its discretion, change,
supplement or amend the Terms and Conditions as they relate to your future use
of the Website from time to time, for any reason, and without any prior notice
or liability to you or any other person, by posting the modified Terms and
Conditions on the Website. You may not change, supplement, or amend the Terms
and Conditions in any manner. Each time you use the Website, you acknowledge
and signify that you have read, understood, and agreed to be bound by the Terms
and Conditions as they then read.
3.
THE GYMEA PRE-KINDERGARTEN CUSTOMER USE AGREEMENT
The Terms and Conditions supplement the McKellar
Cottage Customer Use Agreement here, which applies to registered McKellar
Cottage users. In the event of any discrepancy between the Terms and
Conditions and the McKellar Cottage Customer Use Agreement, the latter will
prevail.
4.
PERMISSION TO USE THE WEBSITE
The Website may be accessed and used only by
individuals who are able to enter into legally binding and enforceable
contracts and you warrant that you are able to do so. Users of the Website must
comply with all applicable laws. The Website may not be used by persons in
jurisdictions where access to or use of the Website or any part of them may be
considered offensive, illegal or prohibited. If you breach any provision of
these Terms and Conditions, McKellar Cottage may in its absolute discretion
refuse to give you permission to access and use the Website.
This Website is made available to you for your
lawful, personal, non-commercial use only. You may access and browse the
Website only using commercially available, SSL-capable Web browser software.
You may print or download the pages of the Website for your personal,
non-commercial use, provided that you do not modify any of the pages or other
content and you do not remove or alter any visible or non-visible
identification, marks, notices, or disclaimers. The Website and their content
may not be copied, imitated, reproduced, republished, uploaded, posted,
transmitted, modified, indexed, catalogued, or distributed in any way, in whole
or in part, without the express prior written consent of McKellar Cottage. You
may not reproduce, copy, duplicate, sell, or resell any part of the Website or
access to the Website.
While utilising the Website, you may not:
(a) use
any automatic device, program, algorithm or methodology, or any similar or
equivalent manual process to access, acquire, copy or monitor any portion of
the Website or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Website or any content, to obtain
or attempt to obtain any materials, documents or information through any means
not purposely made available through the Website. McKellar Cottage reserves its
right to bar individuals thought to be conducting such activity.
(b)
attempt to gain unauthorised access to any portion or feature of the Website,
or any other systems or networks connected to the Website or to any McKellar
Cottage server, or to any other services offered on or through the Website by
hacking or any other illegitimate or illegal means.
(c) scan
or test the vulnerability of the Website or any network connected to the
Website, nor breach the security or authentication measures on the Website or
any network connected to the Website.
(d) trace
or seek to trace any information of any user or customer of McKellar Cottage,
including any McKellar Cottage account not owned by you to its source.
(e)
exploit the Website or any service or information made available or offered by
or through the Website in any way where the purpose is to reveal any
information, including but not limited to personal identification or
information, as provided for by the Website.
(f) use
the Website or any content for any purpose that is unlawful or prohibited by
these Terms and Conditions, or to solicit the performance of any illegal
activity or other activity which infringes the rights of McKellar Cottage or
others.
(g) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal you send to McKellar Cottage on or through the
Website or any service offered on or through the Website.
(h)
pretend that you are or that you represent, someone else, or impersonate any
other individual or entity.
You agree that you will not:
a)
take any action that imposes an unreasonably large burden on the infrastructure
of the Website or McKellar Cottage’s systems or networks, or any systems or
networks connected to the Website or to McKellar Cottage.
b) use
any device, software or routine to interfere or attempt to interfere with the
proper working of the Website or any transaction being conducted on the
Website, or with any other person’s use of the Website.
5.
DISCLAIMER
The Website is provided on an “as is” and “as
available” basis, and without any representations, warranties or conditions of
any kind, whether express or implied, and including without limitation implied
conditions, warranties or representations of merchantability, fitness for a particular
purpose, performance, durability, security, availability, or accessibility, all
of which are hereby disclaimed by McKellar Cottage to the fullest extent
permitted by law.
You are solely responsible for:
(a)
obtaining, configuring and maintaining all computer hardware, software,
telephone services, and other equipment and services necessary for you to
access and use the Website;
(b)
scanning for and preventing the receipt and transmission of viruses, trojan
horses, worms or other destructive or disruptive components; and
(c)
maintaining a complete and current backup of all of the data contained on your
computer system prior to accessing or using the Website.
Regardless of the nature of the claim or the
reasons for the loss and damages, McKellar Cottage’s liability is limited to
foreseeable and direct damages only. McKellar Cottage will not under any
circumstances be liable to you or any other person for any loss of use, loss of
production, loss of income or profits (anticipated or otherwise), loss of
markets, economic loss, special, indirect or consequential loss or damage or
punitive damages, whether in contract, tort or under any other theory of law or
equity, arising from, connected with, or relating to the use of the Website by
you or any other person.
In no event will McKellar Cottage’s total liability
to you or any other person for any claims, proceedings, liabilities,
obligations, damages, losses, and costs, whether in contract, tort or under any
other theory of law or equity, and regardless of any negligence or other fault
or wrong doing by McKellar Cottage or any person for whom McKellar Cottage is
responsible, exceed the lesser of AUD $20 or the purchase price of the Item
that is the subject of the claim.
The exclusion of certain warranties and the
exclusion or limitation of certain liabilities is prohibited by law in some
jurisdictions. Such limitations may apply to you. The warranty disclaimer and
liability exclusion and limitation clauses survive indefinitely after the
termination of this Agreement.
6.
NO ADVICE
This Website is not intended to be a comprehensive
or detailed statement concerning the matters addressed; professional or expert
advice or recommendations; or an offer or, product or service. You should seek
appropriate, qualified professional advice and recommendations before acting or
omitting to act based upon any information provided on or though the Website.
7.
COMMUNICATIONS
Communications sent to McKellar Cottage by means of
the Website or email are not considered delivered or effective unless and until
they are actually received and processed by McKellar Cottage’s responsible
representative.
8.
WEBSITE CONTENT
McKellar Cottage is not obliged to monitor, screen,
police or edit the use of the Website, including postings of materials to the
Website, although Gymea Pre-Kindergarten reserves the right to do so in its
discretion. McKellar Cottage will respond as it considers appropriate, in its
discretion, if it becomes aware of any inappropriate uses of the Website,
including without limitation uses that constitute copyright infringement. You
may report any claims or concerns (including copyright infringement claims)
regarding Website or their content by sending an email to webmaster@mckellarcottage.com.au
9.
OWNERSHIP OF THE WEBSITE
Copyright © McKellar Cottage. The Website and its
content (including all information in text, graphical, video and audio forms,
images, icons, software, design, applications and other elements available on
or through the Website) are the property of McKellar Cottage and others, and
are protected by international copyright and other laws. Your use of the
Website does not transfer to you any ownership or other rights in the Website
or its content.
10. TRADEMARK
INFORMATION
MCKELLAR COTTAGE, MCKELLARCOTTAGE.com.au, and the MCKELLAR
COTTAGE logo, are registered and unregistered trademarks, service marks, and
trade names owned or licensed by McKellar Cottage. Other product and company
names and logos appearing on the Website may be registered or unregistered
trade names, trademarks and service marks of their respective owners. Any use
of the trade names, trademarks, service marks and logos (Marks) displayed on
the Website, except as expressly provided in these Terms and Conditions, is
strictly prohibited. Nothing appearing on the Website or elsewhere shall be
construed as granting, by implication or otherwise, any licence or right to use
any Marks displayed on the Website.
11. OTHER SITES
The Website may include advertisements for, and
links to, other website or resources and businesses operated by other persons,
including the Australian Government (Other Sites). Other Sites are independent
from McKellar Cottage, and McKellar Cottage has no responsibility or liability
for or control over Other Sites, their business, goods, services, or content.
Links to Other Sites are provided solely for your convenience. McKellar Cottage
does not sponsor or endorse any Other Sites or their content or the goods or
services available through those Other Sites. Your use of Other Sites and your
dealings with the owners or operators of Other Sites is at your own risk, and
you shall not make any claim against McKellar Cottage arising out of your use
of any Other Sites or your dealings with the owners or operators of any Other
Sites.
12. LINKING,
FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written
permission of McKellar Cottage are strictly prohibited. To request permission
to link to the Website, please contact the webmaster@mckellarcottage.com.au.
The framing, mirroring, scraping or data-mining of the Website or any of their
content in any form and by any method are strictly prohibited.
You may not use any collaborative browsing or
display technologies in connection with your use of the Website or to post
comments, communications, or any other data of any kind to or on the Website
with the intention that other users of the Website may view such postings.
13. UNSOLICITED
SUBMISSIONS
If you send any unsolicited ideas, suggestions or
other materials, including ideas for new advertising campaigns, new promotions,
new or improved goods, services or technologies, product enhancements,
processes, materials, marketing plans, or new product names (Submissions) to McKellar
Cottage or the Website, you automatically grant (or warrant that the owner of
the Submissions grants) to McKellar Cottage:
(a) a
perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide,
assignable, sub-licensable, right and license;
(b) to
use, copy, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, display and otherwise exploit the Submissions
or any ideas, concepts, know-how or techniques associated with the Submissions;
(c) for
any purpose whatsoever, commercial or otherwise, using any form, media or
technology now known or later developed, without providing compensation to you
or any other person;
(d)
without any liability whatsoever, and free from any obligation of confidence or
other duties on the part of McKellar Cottage or its assigns; and
(e) you
agree, represent and warrant that all moral rights in the Submissions are
waived in favour of McKellar Cottage and its assigns.
14. SOFTWARE
AGREEMENTS
McKellar Cottage may cause software to be available
for you to download from the Website or through other website. The software is
protected by copyright. These Terms and Conditions and the software licence
agreement specific to the software govern your downloading and use of the
software.
15. INDEMNITY
You indemnify and hold harmless McKellar Cottage,
its employees, contractors and agents and keep them indemnified against all
loss, actions, proceedings, costs, expenses (including legal fees), claims and
damages arising from:
(a) any
breach by you of these Terms and Conditions; or
(b)
reliance by you on any information obtained through the Website.
16. PRIVACY
Your personal information will be collected and
saved by McKellar Cottage. All data and information collected from you by Gymea
Pre-Kindergarten is treated confidentially respecting the applicable laws on
data protection and in accordance with our Privacy Policy above.
17. GOVERNING
LAW
These Terms and Conditions and all related matters
are governed solely by the laws of ACT, Australia and applicable federal laws
of Australia, excluding any rules of private international law or the conflict
of laws which would lead to the application of any other laws. The United
Nations Convention on Contracts for the International Sale of Goods does not
apply.
18. OTHER
MATTERS
For all disputes between McKellar Cottage and you
or any other person arising from, connected with or relating to the Website,
these Terms and Conditions, transactions facilitated or conducted through the
Website, Items ordered or purchased through the Website, dealings between you
and McKellar Cottage, or any related matters or any legal relationship
associated there with or derived there from (Disputes), the relevant parties
will attempt to find a reasonable solution least onerous to the parties.
If a Dispute cannot be resolved by the parties,
then the Dispute must be resolved before the Courts of the NSW sitting in the
City of Sydney, Australia, and you irrevocably submit exclusive jurisdiction of
those courts in respect of all Disputes. Proceedings regarding Disputes must be
commenced in a court of competent jurisdiction in the City of Sydney, New South
Wales, Australia within six (6) months after the Dispute arose, after which
time any and all proceedings regarding the Dispute are barred. Any shorter time
limit provided by statute law remains unaffected.
If any provision of these Terms and Conditions is
found to be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed to be severed from the rest of these Terms and
Conditions and shall not affect the validity and enforceability of any
remaining provisions.
No consent or waiver by either party to or of any
breach by the other party of these Terms and Conditions will be deemed or
construed to be a consent to or waiver of a continuing breach or any other breach
of these Terms and Conditions by that party. No consent or waiver will be
effective unless in writing and signed by both parties.
You expressly request and require that these Terms
and Conditions be drawn up in the English language.
Any rights not expressly granted in these Terms and
Conditions are reserved to McKellar Cottage.
These Terms and Conditions are subject to change
without notice.