Terms and Conditions (v1.1)
In these terms and conditions, “we” “us” and “our” refers to 1Heritage Pty Ltd (ABN 53 609 051 596). Your access to and use of all information on our website, including but not limiting to placing an order through our website, or using any of our service/s, is subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
All users should be aware that certain images, words, terms, or descriptions may be culturally sensitive and considered inappropriate today, but reflect the period in which they were written.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
On registration, we provide you with a password and account name. On registration you agree to pay for our services as set out on our website.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Services
Our services are provided to adults over the age of eighteen (18) years. By proceeding to use our service through our website, you acknowledge that you are over 18 years of age.
Our website may show the prices of some products on sale by a third party seller. We will endeavour to ensure that the price list is current, however, those prices are subjected to change by the third party seller without further notice.
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
We strictly prohibit any web scraping, data scraping, data collection, or similar activities on our website. We reserve the right to terminate your access and terminate your account if we discover you engage on any of those activities.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
You are responsible for all and any content (Content) such as comments, feedback, images, files etc you contribute to the Service. When you provide Content you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the content in any and all media including forms not yet developed. This licence ends when you cease your registered account except for Content which has already been released as part of the Service.
You agree that you will not post any offer, advertisement, or solicit for any sort of business on our website without written permission from us. We reserve the rights to terminate your account should there be any breach.
We reserve the right but will not have an obligation to remove or refuse to distribute any Content. We also reserve the right to adapt or modify your Content for any reason including for distribution purposes.
By posting Content on this website, you provide us with an undertaking that such Content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening.
As a member, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.
You agree not to use forums on our website for trading of any goods or services. We reserve the right to remove all advertising without notice and may suspend your account.
To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. Please note that images of postcards are not owned by us.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
By providing us with Comments, you acknowledge and agree that we can dispose of those Comments in any way, including deleting or blocking the assess thereof.
Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability, accuracy, or fitness for a particular purpose.
We do provide a marketplace to facilitate the transaction of a seller and a buyer. However, we not provide any warranty for any goods or services of a third party ordered through our website.
By uploading images to our website, you permit us to archive and make digital copies of postcards and postcard content.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as images, advertisements, and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors, omissions, or inappropriateness in such material.
Should you have any concern of any content on our website, please contact us on our email: [email protected].
Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
Schedule 2 of the C&C Act; and
those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of any of our goods or services to you, if they are defective then:-
Provide again or rectify any goods or services or part of them that are defective; or
Wholly or partly recompense you if they are defective.
We do not provide any warranty for any goods or services of a third party ordered through our website. By ordering goods or services of a third party through our website, you agree that we will not be responsible for any issue of the goods or services of a third party. You also agree to waive all legal responsibilities, to the extent permitted by law, against us in relation to any goods or services provided by a third party.
Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
We do not participate in any way in the transactions between our users.
By uploading contents on our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with any breach in any kind of IP right of the contents you uploaded.
By advertising any product on our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from any transaction or fail to carry out a transaction related to the advertisement.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Wherein Personal information has been uploaded to our website relating to postcards and content on postcards, you agree that you permit us to publish and format shift personal information on the postcards. You also acknowledge that you have permission to authorise this disclosure.
Use of Information
Collecting information on Registered members
As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
Credit Card Details
Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Collecting Information from Users
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
Cookies and Applets
Access to Information
We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Personal Data Control
We strive to ensure the people using our system can have control about their personal or private information stored with us. If you would like your personal or private data deleted from our system, please send an email to our Privacy Officer at [email protected] and we will process the deletion at your request.
Please note that deletion of your private or personal data from our system will result in a loss of functionality to your account with us.
Links to other sites
We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
Problems or questions
For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site; http://www.privacy.gov.au/.