| This Privacy Policy describes the terms
of our commitment to your privacy.
PERSONS OR PARTIES COVERED
This Privacy Policy is intended to cover all visitors to
this website, all subscribers to lists or newsletters
whether paid or unpaid, all members or affiliates whether
paid or unpaid, and all customers. Persons who visit
or view this website, whether intentionally or unintentionally,
whether solicited or unsolicited, are described herein
as "Visitors" and are parties to this Privacy
Policy. Subscribers to lists or Newsletters are referred
to herein as "Subscribers" and are parties
to the Privacy Policy. Persons who join an organization
or marketing endeavor (e.g. "affiliates") promoted
by this website are called "Members" herein
and are covered by this Privacy Policy. Finally, anyone
who orders, attempts to order, or receives a product
sold (recipients) or advertised from this website is
called a "Customer" herein and is subject to
this Privacy Policy not only by passive acceptance, but
by virtue of the Purchase Agreement contract. The website,
its agents, owners, operators, and employees are referred
to collectively herein as "Website," "Site," and/or "Seller".
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
In the event that a person excluded from this website because
of the Terms of Use or from denial of service by the
website, who nonetheless unlawfully views this site,
that person remains subject to the terms of this Privacy
Policy and is in violation of the Terms of Use.
VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS
ACCEPTANCE OF THE TERMS OF THIS POLICY
Acceptance of the terms of this Privacy Policy is a portion
of the consideration required for your right to visit the
website. If you do not accept these terms, you have no
right to visit this site and you are fraudulently using
this site.
ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND
HOW IT IS USED
This website routinely collects information about its visitors,
subscribers, members, and customers. This information is
obtained in various ways, such as:
VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED
FROM 'REGISTRATION'
Registration means that the Visitor, Subscriber, Member
or Customer takes active, positive steps to communicate
information to this website. This can include pages or
'pop ups' where you register for a newsletter or subscribe
to a mailing list; it can include your participation in
visitor surveys; it can include requesting information
from the website via email, mail, or courier; it may be
from joining an affiliate program or other membership organization,
paid or unpaid; or it may be from ordering a product.
Occasionally complete credit card information may be provided
to the website via fax or a fill-in form rather than regular
secure merchant service processing. This information is
kept at the highest level of security and is never divulged
to anyone except the merchant service provider or for the
purpose of communication with the customer.
ONLINE ORDERING
Online ordering via SSL encrypted communication provided
by shopping cart services supporting merchant service
companies like Visa and Master Card provides information
to the website but often does not provide complete credit
card numbers. In the process of online ordering, the
customer provides, name, address, city, state, email
address, phone number, CVS (back of card) number, and,
occasionally a member password. You should consider all
this information available to the website. This information
is used to deliver the product, but under the Purchase
Agreement you also approve its use for general solicitation
purposes.
VISITOR EMAIL INQUIRIES
Website visitors who wish to communicate with the website
do so under two conditions: one, they give their permission
for contact by the website; two, they are subject to
the general 'SUBMISSION' agreement of this policy. While
your email address may or may not be used to solicit
you, it is added to the website's general solicitation
database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website,
or if you communicate with the site by phone or mail,
the website collects information about your communication
and by communicating with the site you give your permission
to collect, archive, retrieve, and otherwise use any
information collected as the site sees fit.
Any communication which, in its sole discretion, the site
deems to be a testimonial, may be publicized for commercial
purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS,
POPUPS, OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked
advertising, appearing on this website must assume that
information is being collected about them. This site is
not responsible for the use of information collected in
such a fashion. Visitors must assume that (1) information
will be collected, (2) that ‘cookies’ will
usually be placed on their hard drive, (3) that website
does not have any control over what happens with this information,
(4) that website takes no responsibility over the accuracy
or content of advertisers, (5) that website is not responsible
for downloads from third party advertisers that contain
viruses or worms or other computer code that causes their
computer or software harm, and (6) that website assumes
no responsibility for the data that is garnered from the
click itself or that the advertiser collects.
INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING
URLS
If you send a friend an email from this site or if you
send the URL or one of our web pages to a friend, you must
assume that some data is collected about your IP address
or your email address and that of your friend. You must
assume that referred emails or web pages may appear to
come from your email. You must accept full responsibility
for referring pages or email to a friend and agree to indemnify
this site for any damage, intentional or unintentional
that results from said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER,
MEMBER OR CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume
that any information provided to the website as part of
a survey in which you participate may be used for general
solicitation for commercial purposes and that such information
will be shared with joint venture partners, affiliates,
marketing organization or used by the site itself for product
design or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND 'COOKIES'
Many websites, including this one, collect information
about your computer, your email address, and your IP
address. You must assume that your web-viewing or web-use
activity is monitored, tracked, and information collected.
This information is not usually of a personal nature,
but it may help define your viewing habits and product
preferences even though the website may or may not have
any idea who you are.
"Cookies" is web jargon
for bits of computer code placed on your hard drive.
Websites use this to keep you 'logged in', to keep track
of search criteria, to monitor use, to password protect
use of the site or use of products sold by the site.
Cookies can also be used to obtain information about
your computer configuration or your use of your computer.
Cookies can be used to electronically gather information
about you. Again, it may or may not be personal information,
but it is information and by using this site you are expressly
giving permission to use 'cookies' and to use the information
gathered from their use to benefit you. You also give permission
to collect, archive, retrieve, and use any information
collected for product design, product offers to you, and
general commercial solicitation purposes by this site or
joint venture partners, affiliates, and marketing organizations.
HOW INFORMATION MAY BE USED
The use of information as described below may or may not
be how information that is collected is customarily used
by this site. While actual use of any information collected
may be used quite conservatively, you must assume that
it is not. You must assume that information collected
is shared with other persons or entities for commercial
purposes. While this is uncommon in practice, you must
assume that it is as you make your decision whether or
not to view or interact with this website. This type
of shared information may include your name, address,
phone number, email address and buying habits, as well
as other information. This information may be used for
general commercial solicitation by this website or other
persons it is sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information
is not usually known to the website. However, in the
event that it is made known, that information is never
revealed to anyone except to processing authorities or
law enforcement agencies. However, the provider of such
information gives express permission to use it in fraud
investigation or for litigation.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use any
site provided bulletin boards or other public forums,
such as chat rooms, do so at their own risk. You may
not assume that the site monitors these services or protects
you in any manner from information you post publicly
or share with anyone else via these services.
SPAM
By providing to this website information that forms the
basis of communication with you, such as an email address,
you waive all rights to file complaints concerning unsolicited
email or spam from this website since, by providing such
information, you agree to receive communication from
us or other marketing organizations. However, all email
communication with you shall contain an 'unsubscribe'
link where you may notify the website that you no longer
wish to receive solicitations or information from the
website and your name will be removed from the general
solicitation database.
DATA SECURITY
This website takes measures to protect its data that contains
information related to you. However, as a consideration
for viewing this site or interacting with this site in
any manner, you waive all claims of any nature against
this site concerning the loss, alteration, or misuse
of information. You must assume that it is possible for
your personal data to be obtained by others, such as "hackers," and
used in an inappropriate manner that may cause you harm
and that you agree that the site is not responsible for
damages to you.
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
This Privacy Policy is dynamic. It will continually change.
You may not assume that it remains the same and you agree
to check the policy each time you visit the site for
changes. Unless, in the sole opinion of the website,
this policy changes so drastically as to suggest a posted
notification on the site or via email, you will receive
no notification of changes to this Privacy Policy nor,
under any circumstances, does this site promise notification.
Your continued use of this site always evidences your
acceptance of the terms of this Privacy Policy or any
modifications.
COPYRIGHT
This Privacy Policy is used under license. The copyright
is owned by South Pacific Port Macquarie.
DISPUTES
As part of the consideration that the Website requires
of the Visitor to view, use, or interact with this site,
Visitor agrees to use binding arbitration for any claim,
dispute, or controversy ("CLAIM") of any kind
(whether in contract, tort or otherwise) arising out
of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use
issues.
In no case shall the Visitor have the right to go to court
or have a jury trial. Visitor will not have the right to
engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining
to any claim subject to arbitration; the arbitrator's decision
will final and
binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other
party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees,
investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this Privacy Policy shall be brought
before a court of law, pre- or post-arbitration, Visitor
agrees to that the sole and proper jurisdiction to be
the state and city declared in the contact information
of the web owner unless otherwise here specified – NSW,
Australia. In the event that litigation is in a court,
the proper court shall be the closest court to the Seller's
address.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied shall,
in all cases, be that of the state of the Website owner(s). |