TERMS and CONDITIONS
Terms and Conditions
Please read these Terms and Conditions carefully before using the ABC Advantage Website. Please note that these Terms may change without notice and by accessing, browsing or using the Website you will be deemed to have agreed to them. By continuing to use the Website after reading the Terms you will have agreed to be bound by them. The Privacy Policy forms part of the Terms. This Website is owned and operated by DataSafe Applications Pty Ltd is a division of ABC Advantage Pty Ltd ABN 63 146 958 429 and Australian Credit Licence Number 391326.
Privacy
We may collect personal information from you. We collect personal information which is necessary, or directly related to, our purposes. For more information about the purposes for which we gather personal information, please refer to our Privacy Policy. We may collect information, on pages in our site. To ensure our editorials and content we are supplying to you are of interest, we could monitor your actions inside the website, this may include email and links you may click on. This website analysis, which includes collating information related to your use of the site in forms, emails and links.
Sensitive information
If you elect to provide sensitive information it may be stored only when and where you have agreed to it. We will not ask you to supply sensitive information. By us collecting and storing sensitive information, it will only be determine upon the information being reasonably required our purposes, that are outlined in our Privacy Policy.
Information from Third Parties
Our Site does not contain links to the websites or third party providers of goods and services. Where you access a Third-Party website from our Site, information you have provided about yourself will not be shared.
Advertising and tracking
We do not use links to third party websites or collect your information for any commercial use or information of any kind.
We may use third party service providers that track your website usage behavior while on our website for the purposes of providing us with information to determine how better to organize our website.
Cookies
We do not use cookies on this site.
Our service providers use cookies for different purposes such as:
- to allocate a unique number to your internet browsers; to customise our Site for you;
- for statistical and/or behavior analysis purposes; and
- for security purposes.
By using our website, you consent to our third party suppliers collecting information about your connections and access to our site.
Enquiry
When you enquire with us, we do not retain on our website any personal information about you.
We will not be liable or responsible for:
- any failure to perform, or delay in the performance of, any of our obligations under this policy that
is caused by any act or event beyond our reasonable control, including failure or suspension of
public or private telecommunications networks;
- the App not meeting your individual requirements or the App containing defects or errors, as the
App has not been developed specifically for you. It is your responsibility to ensure that the
facilities and functions of the App meet your requirements;
- any loss or damage caused by a distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your mobile device, data or proprietary
material due to your use of the App; or
- breaches caused by a third party accessing your account as a result of your failure to
ensure the security of access to the Site from your computer or mobile device.
Security of information
Your browser will indicate whether the information you are sending us will be secure or not secure. Your information is very important to us as is the responsibility of its security. We constantly review all security and encryption technologies. No communication over the internet can be regarded as totally secure. We take reasonable steps to protect all information in our systems, against theft, abuse, tampering, loss, and unauthorised use, including disclosure to other parties. We take reasonable steps to preserve the security of third party information and any possible personal information in accordance with our security policy and the Privacy Policy. You agree that any message or information you send from our Website may be read or intercepted by others, notwithstanding secure warnings. All content and services available through or in our Website do not make any representation or give any warranty or guarantee in respect of the App or its content.
You indemnify us for any claims or liabilities that make you liable as a result of any of your breaches of this policy. You also agree that by using the Site, you are solely responsible for the security of access to the site by third parties.
Direct marketing
We will not use or disclose any information about you to a direct marketing business. Please contact us on 1300 55 1010 if you would like further information.
Disclosure to overseas entities
We do not disclose personal information to overseas entities in the course of our activities. Please contact us on 1300 55 1010 if you would like further information.
Trademarks and copyright
All copyright, trade marks and intellectual property rights in the website, included software and source codes connected with the Site ("Intellectual Property") are owned by ABC Advantage Pty Ltd or its related businesses. Any use of the Intellectual Property without ABC Advantage Pty Ltd express permission will be deemed illegal.
User Responsibilities
You agree not use the Website for any purpose that is unlawful and all use will comply with local and national laws and regulations, and you will not:
- Use the Website to send junk email, spam or chain letters or engage in unlawful marketing
such as pyramid schemes.
- Collect information of third parties by automated means (such as robots, spiders or
scrapers) without permission.
- Transmit or upload any material that contains viruses or any other harmful code.
- Breach any laws or any copyright, patent, trade secret or other intellectual property,
proprietary or privacy rights of any other party, or post any content that is copyright
protected without the copyright owner’s written permission to use it.
- Interfere with, impair or disrupt the Website, or attempt to gain unauthorised access to
any accounts, systems, services or information.
- Restrict or inhibit any users from using or enjoying the Website.
- Post or supply from our Website for any other public use, false, inaccurate, misleading,
defamatory, discriminatory, racist, threatening, obscene, offensive, graphic, pornographic,
indecent, fraudulent or unlawful material.
- Misrepresent yourself, any person or organisation.
ABC Advantage reserves the right to take legal action if there are any breaches of our terms and conditions. You will indemnify ABC Advantage and its related companies, licensees, affiliates and licensors, and directors, management, officers, employees, agents and contractors from all loss and damage, claims, demands, suits, liabilities, proceedings or action that may arise or are incurred by you in connection with your use or access of this Website and direct breach of the Terms set out in this document.
Intellectual Property
Material and contents on our Website including all brands, logos, images, tags, registered or unregistered trademarks, service marks, designs are the property of ABC Advantage and subject to copyright trademark and other intellectual property laws.
Unless otherwise indicated, all rights in all content, contained in, or used to create or support, the Website, including text, graphics, logos, button icons, photos, videos, audio clips, and navigational and other software are owned and controlled and are reserved by ABC Advantage. You can copy material for your own personal use, but you must not republish, copy, reproduce, transmit, distribute, sell, modify, adapt or use any part of the Website in any other way, without ABC Advantage permission.
Termination / Changes
ABC Advantage may modify, suspend or discontinue any services existing on the Website, or remove, modify, edit or supplement any content on the Website without notice. We may terminate or suspend a user’s access to the Website at any time, for any reason, without notice. The liability and indemnity provisions provided in these Terms will survive upon termination. Images are only representational and ABC Advantage reserves the right to replace, change, alter or remove any image at its discretion without limitation or warning.
Liability
You are responsible for your use of this Website. The Website is provided at your own risk. While ABC Advantage has used its best endeavours to ensure that the information ABC Advantage has provided is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in that information.
ABC Advantage and any affiliate companies and directors, employees, agents and contractors,
do not:
- Make representation, warranty of any kind as to the operation of the Website, your access
to the Website or the result from its access or the information, content, material or products
on the Website.
- Guarantee that the functions on the Website will not be uninterrupted by any defects or
that the server which stores and transmits content to you is free of viruses or other harmful
components.
- Nothing in these Terms limits or excludes the statutory consumer guarantees as provided
under the Competition and Consumer Act, including any implied warranties or consumer
protection laws in the State and Territories of Australia.
The limitations outlined in these Terms will not operate as to be inconsistent with non-excludable Guarantees except for any liability that cannot be excluded, such as the non-excludable Guarantees, ABC Advantage, its officers, management, employees and agents, exclude all terms, conditions, warranties, guarantees and representations, whether express or implied, and exclude all liability in contract, tort (including negligence), or otherwise for loss or damage (whether direct or indirect) in relation to the use, inability to use, or performance of the Website, any information, content, material, products or services made available via the Website, including any error, omission, technical malfunction, delay, interruption, interference, tampering, virus, bug, theft, destruction or unauthorised access to or alteration of the Website, or any damage to any computer or device.
Indemnity
You agree to indemnify and keep ABC Advantage, its affiliated companies and officers, employees, agents and contractors indemnified, from any claim, liability, loss, damage, cost (including legal fees) or expense which we may suffer or incur as a direct or indirect result of your willful or negligent act or omission with your use of the Website or the violation of these Terms by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Governing laws
These Terms are governed by and to be construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia. ABC Advantage failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Links
The Website may provide links or references to other sites or services originating from other companies, individuals or organisations. ABC Advantage does not make any warranties or representations about these Websites or services or endorse these Websites or services. ABC Advantage bears no responsibility for the content or operation these Websites or services and shall not be liable for any damage or injury relating to access or use of these Websites or services. Your link to any off-site pages is entirely at your own risk.
Contact us
If you have any questions, comments, feedback, or want to report any breaches of these Terms, we would like to hear from you. Please complete the form available at the ‘Contact Us’ section of the Website, or contact our Privacy Officer as follows:
Business Address (Notices Only): PO Box 929 Oxenford QLD 4210
Phone: 1300 55 1010
Email: [email protected]
Postal Details: The Privacy Officer, ABC Advantage Pty Ltd, PO Box 929 Oxenford QLD 4210
We take such matters very seriously and we shall respond to any such concerns with you directly and in a prompt manner.
Changes to this policy
This policy is subject to changes without prior notice. We may amend this policy by updating this posting.