In this document, unless the contrary intention appears:
includes all Our directors, officers, members, investors, managers, employees and agents.
means any day that banks are open for general banking in the capital city of the Governing Jurisdiction.
(a) all information of or used by the party, relating to their transactions, operations and affairs;
(b) all other information treated by the party as confidential, including Confidential Information and information regarding the production of Intellectual Property;
(c) all notes, data, reports and other records (whether or not in tangible form) based on, incorporating or derived from information referred to in paragraph (a) or (b); and
(d) all copies (whether or not in tangible form) of the information, notes, reports and records referred to in paragraphs (a), (b) or (c),
that is not Public Knowledge (otherwise than as a result of a breach of a confidentiality obligation of a party).
means the equipment which is used to access the Products including but not limited to computers, smart phones and tablets.
means any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity.
means New South Wales, Australia.
means indemnify from and against all loss, costs, damages and expenses incurred by the party being indemnified or for which the party being indemnified may be or become liable, as a direct or indirect result of the matter for which the indemnity is given, including:
(a) all loss, costs, damages and expenses resulting from the enforcement or attempted enforcement, preservation or attempted preservation of the rights of the party being indemnified; and
(b) legal costs and expenses on a full indemnity basis.
means any intellectual industrial or commercial property, including:
(a) any patent, trade mark, service mark or design;
(b) any copyright;
(c) any utility model, eligible layout right or plant variety right;
(d) any business, trade or commercial name or designation, brand name, logo, symbol, source indication or origin appellation;
(e) any Confidential Information;
(f) any other industrial, commercial, agricultural or extractive right derived from intellectual knowledge or activity of any industrial, scientific, literary or artistic nature or description, whether relating to any manufactured or natural product or otherwise;
(g) any legal action relating to any previous item;
(h) any licence or other right to use or grant the user, or to become the registered proprietor or user of, any previous item; and
(i) any agreement of title, letters patent, deed of grant or other agreement or agreement relating to any previous item,
(j) whether registered or unregistered or recorded or unrecorded, stored or incorporated in any medium of any nature or description.
has the same meaning as ‘legal personal representative’ in Tax Law.
means a registered user of the Products.
includes the meaning given to that term under Privacy Law.
means this document as amended from time to time.
means any right, authority, discretion or remedy conferred on a person by this document or any applicable law.
means the Privacy Act 1988 (Cth).
means the content, products or services [as updated from time-to-time at Our sole discretion] and made available by Us through various delivery methods.
means any information which is in the public domain prior to the date of this document.
means as relevant, the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth).
means GreenX7 Pty Ltd ACN 617 009 355, a proprietary company established in Australia, and includes successors and assigns.
means the user of the Products.
(a) You must carefully read the terms of this Policy before ordering any Products [through any medium including but not limited to, our website, an app or app Store [including third party providers of the Products].
(b) By ordering or otherwise using the Products, You accept and agree to the terms of this Policy.
(c) Where You do not accept or agree to the terms of this Policy, You must refrain from using the Products.
(a) If You have any questions or concerns about the Policy or the privacy of Your Personal Information, please contact us on the below contact details:
GreenX7 - PO BOX 1257 Kingscliff, NSW, Australia 2487 - firstname.lastname@example.org
(a) If you are not 18 years of age [or the age of majority in Your country of residence], You must have the consent and supervision of a parent or legal guardian to use the Products.
(a) We may collect and process Personal Information about You. While ‘Personal Information’ is a broad term, it can include, for example Your name, e-mail address, phone, information about Your usage of the Products and information collected by tracking technologies that may:
(b) Where You choose to link the Products with a social media account, ‘Personal Information’ may also include profile information from that social media platform.
(c) Personal Information also includes information about Your Equipment, such as type, operating system and information relating to system performance.
(d) Where You use the Products in the context of a community sharing arrangement, business information such as Your company name, and company email address to the extent that You provide such information may also be ‘Personal Information’. Please see more information below regarding community sharing.
(a) We follow accepted standards to protect Your Personal Information provided to us.
(b) Except as set out in this Policy, we do not provide Your Personal Information to any third party without Your specific consent.
(c) If You have any questions or concerns about the security of Your Personal Information, please contact us.
(a) Where You agree to receive marketing and promotional materials, including but not limited to special offers, surveys and Product based communication emails, we will use information given to us to provide You with the communications You have requested.
(b) To unsubscribe from such materials, You will need to follow the instructions provided by us [that will generally be set out in the marketing and promotional materials].
(c) Push notifications will need to be disabled by You where You no longer wish to receive them.
(a) We use generally accepted technologies [for example, cookies, beacons, tags, scripts, HTML 5 and other analytic tools] to avoid You having to provide the same information frequently and to measure how people are using the Products. For example:
(b) Our Agents or third party partners may use similar accepted technologies to gather information about Your activities within the Products.
(c) Where required under law, we will acquire consent from You in order to use such technologies for advertising purposes.
(d) Please note that our Products do not currently implement or respond to do-not-track signals.
(a) Secure servers located in the Governing Jurisdiction or another jurisdiction of similar technology and security levels will store Your Personal Information.
(b) To become a Member, You must provide us with Your email address and create a password through the Products.
(c) You are solely responsible for ensuring:
(d) While we cannot guarantee the security of Your Personal Information, we will use accepted procedures and security features to try to prevent unauthorised access.
(e) Any transfer or transmission of Your Personal Information is at Your own risk.
(a) The Products may contain functionality to share how you use the Products with other users or third parties. Sharing of this kind may involve a disclosure of your Personal Information.
(b) If you invite another user [including by email address or similar] to connect with you through the Products [for example, using the Care & Share function], or you decide to join a group or similar [including by scanning a QR code, hyperlink or other credential] through the Products, you acknowledge and agree that in doing so you may be sharing Personal Information with other users or third parties.
(c) The Personal Information you share with other users or third parties using this functionality will include general usage information, generated on an anonymized and aggregated basis. The extent of anonymity or aggregation depends upon the number of users you connect with, or the number of users in the group (including where applicable, any sub-classifications within groups).
(d) Unless you specifically agree to do so, no other users or third parties will have access to your Personal Information on an individual (non-aggregated) basis.
(a) Where You log into our Products using third party sign-in services, these services will:
(a) You can request confirmation from us regarding what [if any] Personal Information we hold [either directly or through a third party or Agent]. Please contact us to request this information.
(b) You can request us to delete any of Your Personal Information we hold. Any Deletion is permanent and irrevocable so that it cannot be used to identify You individually.
(a) We may use information held about You [including Personal Information] in one or more of the following ways:
(b) We may also:
(a) Your personal information may be disclosed to us or our Agent [including our successors and assigns including for example, a change in ownership].
(b) Other than those identified above, we may also disclose Your Personal Information to third parties in the following circumstances:
(a) Your consent to the storage and processing activities associated with Your Personal Information, can be withdrawn at any time in accordance with applicable law, by contacting us.
(a) Any access to other websites or services that we provide links to is at Your sole discretion and for Your information only.
(b) Our provision of links to other websites or services is not an endorsement of any of those websites or services. Such websites or services may have privacy policies different from the Policy and it is Your responsibility to review these policies before providing any Personal Information.
(c) We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
(a) Our Products may include social media features. Such features:
(a) In this document, if any provision of this document is ambiguous, it is to be interpreted broadly to widen and not restrict the provisions, and, unless the context otherwise requires:
(a) A notice or other communication is deemed to be received:
(a) This document is governed by the laws of the Governing Jurisdiction.
(a) We reserve the right to vary or otherwise change the terms of this Policy at any time.
(b) Where we vary or otherwise change anything in accordance with this Policy, we will provide You with the updated information. You acknowledge we may do this by posting the updated Policy on our website, an app, an app store or any other publicly accessible location, and we are not required to specifically notify you.
(c) By continuing to use the Products after any variations or changes, You acknowledge the Policy, as updated applies to You and Your Personal Information.