TiTchmo Trust - T/A Great Minds Brainery
TERMS OF USE
Introduction
In these terms of use (Terms):
· TiTchmo Trust (ABN 69 927 062 507) is referred to as the Company, we, our or us
· The website located at www.greatmindsbrainery.com is referred to as the Site other websites or social media platforms on which we have a presence are referred to as Related Sites. Someone who views the Site and/or Related Sites is referred to as a Viewer or you.
These Terms are the entire agreement between the Company and you with respect to the use of the Site and Related Sites.
All prior representations and understandings, whether written or oral, are excluded.
You must comply with all policies and procedures as published by the Company on the Site from time to time.
Site Access
There is no charge for you to access or view the content on our Site.
You may consent to receive electronic communications from us by providing us with your email address. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you.
You may opt-out of receiving our emails at any time by following the unsubscribe instructions provided in the email.
Viewer Information
The Viewer agrees to allow the Company to obtain data about the Viewer in accordance with the Company’s Privacy Policy and Cookie Policy[RA1] .
Use of the Site
You must not:
· use the Site and/or Related Sites to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
· use the Site and/or Related Sites to store or transmit harmful code;
· use a false email address, impersonate others, misrepresent your affiliation with others or misrepresent yourself;
· use the Site and/or Related Sites in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, illegal or defamatory;
· interfere with or disrupt the integrity or performance of the Site and/or Related Sites or any third-party applications; or
· attempt to gain unauthorised access to the Site and/or Related Sites or our related systems or networks. You may not access the Site and/or Related Sites to monitor their availability, performance or functionality unless the reason for your doing so is to assess the Site and/or Related Sites for your own reference in circumstances where the details of your assessment are not to be published or provided to a third party.
Viewer Provided Content
The Site and Related Sites may contain information or material posted by you (Provided Content).
For all Provided Content, we are a publisher only and are not responsible for the content, accuracy or completeness of this information.
Anyone who submits Provided Content to the Site and/or Related Sites:
agrees that the content will be treated by us as not being confidential; grants to us a perpetual and irrevocable licence to use, host and publish the Provided Content; promises that their Provided Content is owned by them or they have authorisation from the owner to submit that content; and must not submit any Provided Content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable (and agrees that any material determined by us to be in breach of this condition may be removed from the Site and/or Related Sites by us without notice to you).
Provided Content will not be provided to any third-party or used for any other purpose other than for the provision of the Services.
Intellectual Property
All right, title, and interest in and to the intellectual property subsisting in the Site remains with us and/or our licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to you by these Terms.
All specialty software, applications, and services, and products offered or may be offered by us are maintained by us based on your agreement with us.
You may not claim ownership of any products or services created and owned by us and hosted within the Site; such are the sole property of us including all intellectual property associated with such products or services.
You authorise us to use, store, reproduce and manipulate your data stored within the Site and Related Sites in accordance with our Privacy Policy.
Third-Party Services and Content
We may display content, advertisements and promotions from third parties through our Site and Related Sites (Third-Party Content). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third-Party Content.
Surveys
From time to time, we may ask you to complete a survey relating to your use of the Site and/or Related Sites. Any survey sent to you is voluntary and is not required to be completed by you in order to continue using the Site and/or Related Sites. However, we do encourage you to complete each survey as it helps us to be more informed about the provision of the Site and/or Related Sites to you.
If you complete a survey, then we reserve the right to display any information provided to us from your survey. We may display this information (in whole or in part), on our Site, Related Sites or promotional materials. Any information published by us may be used for the purposes of marketing, promotion or improvement of our services.
We reserve the right to adjust, refuse or remove information contained in your survey at our sole discretion.
You grant to us a perpetual and irrevocable licence to use, host and publish the information provided to us in your survey. The information in your survey must not contain content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable.
Site Availability
We cannot guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the Site will run and perform optimally.
However, we strive to keep such interruptions to a minimum, and, if possible, to give you advanced notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.
You may not be able to use the Site due to traffic conditions on the internet, problems occurring at our upstream providers’ facilities, or due to hardware or software component failure. These conditions are entirely out of our control; however, we will endeavour to restore access to the Site in a timely manner.
Indemnity
You indemnify us for all damages suffered or incurred, whether directly or indirectly, in connection with your use of the Site and Related Sites:
· any actual or alleged infringement of any intellectual property rights by you;
· any actual or alleged breach of any applicable privacy laws, including without limitation the Privacy Act 1988 (Cth), all other applicable privacy legislation and all guidelines issued by the Office of the Federal Privacy Commissioner and similar regulatory bodies and applicable industry codes by you;
· any actual or alleged breach of any applicable consumer protection laws and regulations by you; and
· negligence or default by you.
Disclaimer
The Company is only responsible for providing the Site in accordance with these Terms.
Information provided on the Site is for general purposes only and not as specific advice to any particular person. Any advice contained on the Site or provided by representatives of us is general advice and does not take into account your particular objectives, financial situation or needs. Before acting on any information obtained from your use of our Site, you should seek assistance from your medical professionals, legal and financial advisers as to whether it is appropriate to your particular needs, objectives and financial circumstances. The Company and its officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from any information discussed with or provided to any person or any loss or damage suffered by any person directly or indirectly through relying on any discussions, whether through the Site, Related Sites or otherwise.
The Site is provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site.
All content in this website, books and associated media is created and published for informational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have read in on this website, in the books or associated media.
Amendments
The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms.
The Company will notify you of any material change to these Terms. If you access the Site after a notified change to these Terms, you will be asked to confirm your acceptance of the amended Terms before being able to access our Site[RA2] .
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Site or services (or any features or parts thereof) at any time and without liability.
We may offer new features, functionality or services through the Site. Such new features and functionality, if offered, are offered subject to these Terms.
Suspension
If, in our reasonable opinion, you have breached these Terms, we may suspend or restrict your access to our Site with immediate effect. We will notify you if suspension or restriction occurs. If suspension or restriction occurs, you will be unable to access and use the Site.
Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Applicable Law and Jurisdiction
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, must be resolved by arbitration in accordance with the Commercial Arbitration Act 2010 (NSW). The seat of arbitration is Sydney, Australia. The language of the arbitration is English. The number of arbitrators is one. These Terms are governed by the laws of New South Wales.
Last Updated: March 2021
[RA1]Insert hyperlinks for each. [RA2]Pop-up tick box for when there is an amendment to the Terms. Make sure the tick box is NOT pre-ticked. Also make sure that the Viewer is unable to continue to the webpage without consenting first.
PRIVACY POLICY
Your privacy is important to us.
In this privacy policy we explain our information practices, describe the way your information is collected and used by us and provide other information to show how we comply with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Act).
A copy of the Act is available at: http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/
We may change our privacy policy from time to time.
We may, from time to time, review and update this policy, including taking into account new or amended laws, new technology and/or changes to our operations. Our most up-to-date policy governs all of your personal and sensitive information held by us.
Definitions
In our policy:
TiTchmo Pty Ltd (ABN 69 927 062 507) is referred to as we, our, us the website located at www.craiganthonyauthor.com is referred to as the Site other websites or social media platforms on which we have a presence are referred to as Related Sites someone who visits our Site and/or Related Sites, or makes a purchase through our Site is referred to as the User you, as a User of the Site, are referred to as you and your personal information and sensitive information are collectively referred to as information.
Introduction
We operate the Site.
By accessing the Site, you consent to the collection and use of the information you provide in the manner we describe in this policy.
Permission
If you provide us with your information, you consent to our collection, use and storage of that information in accordance with this policy.
What is personal information?
When used in this policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, postcode and contact details (including phone numbers and email addresses) and possibly financial information, including your credit card or direct debit account information. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information is taken to be personal information.
What is sensitive information?
When used in this policy, the term “sensitive information” has the meaning given to it in the Act. Generally, sensitive information refers to details about your race, ethnicity, politics, religious or philosophical beliefs, sexual preferences, health, genetics or criminal record.
We do not anticipate the need to collect sensitive information from you; however, if we do we will only use it for the purpose for which you provided it.
When do we collect information?
We will collect information from you when you:
access the Site; you set up an account on the Site; you access and use your account; visit Related Sites; make a purchase on the Site; and contact us with a question or feedback about your account or the Site.
What personal information do we collect and hold?
We may collect the following types of personal information:
name; mailing or street address; email address; telephone number; age or birth date; gender; geographical location; and any additional information relating to you that you provide to us directly or indirectly through use of our Site.
How do we protect your information?
We will take reasonable steps to protect your information from loss, misuse, unauthorised disclosure or destruction, including by means of firewalls, password access and secure servers.
In order to enable us to meet our obligations under the Act and to ensure the operation of the Site, we may need to allow our authorised staff and contractors access to your information. The staff and contractors are required by contract and policies to maintain the confidentiality of your information.
If you suspect any misuse or loss of, or unauthorised access to, your information, please let us know immediately.
For what purposes do we use your information?
We use the information that we collect about you to:
provide you access to the Site; respond to any enquiry you have; provide support related to aspects of the Site; improve your User experience; facilitate quick retrieval of relevant information; alert you to updated information on the Site; investigate problems, resolve disputes or enforce our Terms of Use [RA1] ; for our administrative, marketing (including direct marketing), promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers; when it is reasonably necessary to facilitate payment of your purchase; and as required or permitted by any law (including the Privacy Act).
When do we disclose your information?
Generally, we will disclose your information for the purpose of assisting us to provide to you the Site. We will make the information we collect from you available to third parties:
when you give us permission to do so; safety, quality assurance and improvement activities; managing, monitoring, planning and evaluating our Site; testing and maintenance of information technology systems; when it is reasonably necessary in order to enable us to make the Site available to you; for the purposes of product development, research or statistical analysis; risk management activities (including liaising with our insurers and legal representatives); responding to complaints or inquiries about our activities and Site; obtaining advice from consultants and professional advisers; when we reasonably believe it is required by law; when it is reasonably necessary to facilitate payment of your purchase; and as necessary to assert our rights.
Your information may be used or disclosed for research, or for the compilation or analysis of statistics. Where your information is disclosed or published for research or statistical purposes, the information will be de-identified and will not contain material capable of identifying you.
Updating your information
You may access and update or correct the information we hold about you whenever you choose to do so by using our contact details below.
Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity.
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
Users will generally be able to access and update their account details online. We request that you keep your information as current as possible so that we may continue to improve our services to you.
How to Contact Us
You may want to contact us about the information we hold about you (including to correct any information) or to ask a question about our privacy policy or to make a complaint related to a breach by us of the Act.
We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
You may do so by:
email: support@greatmindsbrainery.com
Complaints
If you have a complaint about our compliance with the Act and we have not resolved your complaint within 30 days after you first notified us of your complaint, you can refer your complaint to the Australian Information Commission by visiting their site http://www.oaic.gov.au/.
Effective: October 2020
[RA1]Hyperlink to Terms of Use.
COOKIE POLICY
We use cookies on our site www.greatmindsbrainery.com for a number of purposes.
Why do we use cookies?
They help us to provide you with a good experience when you browse our website, and also allow us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that you have agreed we may store on your browser or your computer. Cookies contain information that is transferred to your computer’s hard drive.
What type of cookies do we use?
Strictly necessary cookies
These are cookies are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of the e-billing services.
Analytical/performance cookies
They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users find what they are looking for easily.
Functionality cookies
These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies
These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Third-party cookies
Our websites may set several types of third-party cookies; however, we do not control the operation of them.
The third-party cookies that may be set include:
Google Analytics – we use Google Analytics to collect data about website usage. This data does not include personally identifiable information. You can view the Google Privacy Policy here: www.google.com/policies/privacy/ Google Remarketing – we use Google’s Remarketing cookie to market products and services we think may be of interest to you. You may see our adverts on Google’s Display Advertising Network of partner websites and Google’s own search results pages. We aim to carefully select the products and services we remarket to you, and do so based on the pages you have visited on our website. To opt out of Google Remarketing, set your Google Ad Settings. Facebook – we use a Facebook pixel to obtain information regarding the activities that users engage in while visiting our web pages. For information on Facebook’s Privacy and Cookie policy, visit https://www.facebook.com/policies/cookies/. AddThis – the AddThis cookie is used when you use the ShareThis service on our website to share a link with LinkedIn, Facebook, Twitter, etc. You can read the AddThis Privacy Policy here: http://www.addthis.com/privacy/privacy-policy. [insert others]
You can block cookies by changing the settings on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Last updated:April 2021