2. Access to Site
(a) To access our Service, you must sign up for a member account (“Account”). By signing up for an Account, you accept the Terms as a condition of joining as a member (“Member”).(b) To use our Service, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, phone number, a valid email address, and password (“Registration Information”).(c) If your Registration Information changes, you must promptly update your Account to reflect those changes.(d) By signing up for an Account, you agree that:
(i) you are responsible for maintaining the confidentiality of your Registration Information at all times;(ii) your access to and use of the Site is non-transferable;(iii) we may deny anyone access to an Account, our Service or the Site at any time and for any reason without notice; and(iv) we are not obliged to confirm the identity of the Site users, including Members.
3. Use of Site
By accessing the site, you shall:
(a) use the Site for lawful purposes only;(b) not commit any act, engage in any practice or omit to commit any act that:
(i) is harmful to our systems, reputation or goodwill; or(i) interferes with the integrity of the Site, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;(c) not create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;(d) not restrict, or attempt to restrict, another user from using the Site; or(e) not encourage or facilitate violations of the Terms.
4. Intellectual Property
(a) In these Terms, “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade-marks, design rights, trade secrets, circuit layouts, source codes, domain names, know-how and other rights of a similar nature worldwide, whether registered or unregistered, and any applications for registration or rights to make such an application.(b) We own or are the licensee of all rights, title and interest (including Intellectual Property) in the Site or to the material (including all text information and content, graphics, logos and software) made available to you on the Site (collectively, “Site Content”). Your use and access of the Site do not grant or transfer any rights, title or interest to you in relation to the Site Content.(c) You may view the Site using a web browser or mobile device, and electronically copy and print in hard copy the Site Content solely for your personal and non-commercial use.(d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer or sell any Site Content or any other material in whatever form contained within the Site unless expressly stated otherwise in these Terms.
5. Licences and User Content
(a) We grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence”) to electronically access and use the Site and our Service in accordance with these Terms.(b) You are solely responsible for any material, content or data that you:
(c) Your User Content must:(i) post, publish or otherwise transmit through the Site, if available; or(ii) obtain through accessing or using the Site (collectively, “User Content”).
(i) not infringe any law, third party intellectual property rights or any other contractual or proprietary rights of a third party;(ii) not contain abusive, homophobic, defamatory, libelous, hateful, discriminatory, obscene, inflammatory or racist language; and(iii) not harass, bully or intimidate any person.(d) You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.
(e) The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to notify us of any inappropriate or illegal content. We reserve the right to remove any User Content for any reason without prior notice.
6. Third-Party Links
The Site may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to make inquiries concerning the information prior to entering into a transaction in relation to the third-party products and services.
8. Exclusions and Limitation of Liability
(a) To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site and the use of our Service. This exclusion includes, but is not limited to:
8.2 Limitation of liability(i) the completeness, truth, suitability, quality or accuracy of the information or Service descriptions published on our Site (including third-party material and advertisements);(ii) whether any result or objective can be achieved or attained by accessing the Site;(iii) any other user’s conduct;(iv) that the information on the Site is current; or(v) any Service or the Site will remain available.
(a) Everything on the Site is provided to users "as is" and "as available". None of our affiliates, directors, officers, employees, agents, contributors and licensors makes any representation or warranty about our Service referred to on the Site. This includes, without limitation, loss or damage which you may suffer as a result of any of the following:
(b) Pursuant to section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), this clause 8.2 applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited at our option to:(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, virus or any other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;(ii) costs incurred as a result of you using the Site and our Service; or(iii) any defamatory, threatening, offensive or unlawful conduct by third parties, or publication of any materials relating to or constituting such conduct.
(i) re-supply of services; or(ii) the payment of the direct cost of re-supply of services.
(a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, any User Content, your breach of the Terms or any rights of third parties, except to the extent that we directly caused or contributed to the loss, damage, liability, claim or expense.(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
(a) We reserve the right to:
(b) If one of the events described in clause 10(a) occurs, then:(i) cease operating the Site, without notice and for any reason; or(ii) to terminate our relationship with you without notice and with immediate effect, if you, in any way, breach the Terms;
(i) you will not have any access to the Site or User Content; and
(ii) we will not be liable for any losses arising as a result of terminating your access to the Site.
11. No Waiver
(a) No waiver of rights in these Terms, any of our policies, or agreement between us and a Site user shall constitute a subsequent waiver of this or any other right under these Terms.(b) Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent that it will not affect the enforceability or validity of the remaining provisions.
13. Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.
14. Feedback and Contact
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Service ("Feedback"). You may submit Feedback by contacting us at firstname.lastname@example.org.
© 2018 GearMe. ALL RIGHTS RESERVED.
Terms last updated 25/10/2018.
We are committed to protecting your privacy through compliance with the Privacy Act 1988 (Cth) (“Privacy Act”), the
outlines how we collect, use, disclose and store your personal information.
We may modify this Policy at any time, and by continuing to use our Site, you accept the Policy as it applies and as amended
from time to time without prior notification. Your continued use of our Site after any modification to this Policy will constitute
your acceptance of such modification.
(a) This Policy will give you an understanding of:
(i) the types of personal information we collect;
(ii) why we collect, use and disclose personal information;
(iii) how we collect, use, store, disclose and otherwise handle personal information;
(iv) how you may access and seek amendment of your personal information;
(v) when we disclose your personal information;
(vi) how we deal with data security and thirdparty links;
(vii) how we administer changes to this Policy; and
(b) How you can contact us to give feedback or submit complaints, and how we deal with any such complaint.
2. Types of information we collect
2.1 Personal information
We may collect the following personal information from Site visitors and members: the types of personal information we collect;
(b) mailing or street address;
(c) telephone number and other contact details; or
(d) any other information relating to you that you provide to us directly or indirectly through our Site, including information you provide through emails, social media, surveys and competition entry forms.
2.2 Cookies and other similar technologies
(a) We may use third-party analytics tools to:
(b) Third-party analytics tools collect non-personal information such as how often you visit our Site, the web pages you visit, add-ons, and other analytics data that assists us in improving our services. These tools might include, but are not limited to, Google Analytics, Google AdWords conversion tracking, Google Tag Manager, or Facebook Ads conversion tracking.(i) analyse usage trends on our Site, including the tracking and reporting of website traffic, ad conversion tracking, traffic analysis and marketing optimisation; and(i) collect this data in aggregate form so that it cannot identify any individual.
(c) We reserve our rights to modify, add or remove any third-party analytics tools. By using our Site, you consent to the processing of any non-personal data these tools will collect in the way and for the purposes described above.
3. Why we collect and use your personal information
(a) We collect and use your personal information through lawful and fair means so we can perform our business activities and functions. Your personal information is collected and used for the following purposes:
(b) We may also use personal information to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate:(i) for purposes necessary or incidental to the provision of our services to you;(ii) for internal operations such as record keeping, database management, data analytics or training;(iii) to manage, research and develop our services;(iv) to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems;(v) to communicate with you, including by email; and/or(vi) to verify your identity, investigate any complaints about or submitted by you, or if we have reason to suspect that you are in breach of any of our terms and conditions.
(i) under applicable law, which may include laws outside your country of residence;(ii) respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; and(iii) to protect our rights, privacy, safety, property, or those of other persons(iv) to manage, research and develop our services;(c) With your consent, we may collect personal information about you or from your authorised representatives for the purpose of providing you with our services and marketing other services which we consider may be of interest to you, or obtaining your feedback. For example, we may send you service-related emails (e.g., news, technical and security notices, and changes and/or updates to features of our services and this Policy).
(d) We or our business partners may use your personal information to contact you via phone, SMS and MMS messaging, email or direct mail to promote and market our products and services directly to you. By providing us with your personal information, you consent to us or our business partners contacting you for the purposes of direct marketing, even if you have registered your home, mobile and/or fax number on the Do Not Call Register.
4. How we collect and use your personal information
(a) We generally collect personal information directly from you when you:
(i) service providers;(ii) credit reporting bodies;(iii) marketing companies;(iv) referrals who may have referred you to us; and
(v) organisations with whom we have an agreement to share information for marketing purposes.(c) By providing personal information to us, you consent to us collecting, using, disclosing and storing your personal information in accordance with this Policy. You may choose to deal with us anonymously where it is lawful or practical to do so, such as when you make a general enquiry about our products and/or services.
(d) You can choose not to provide us with your personal information. However, this may mean that:
(i) we will not be able to provide you with our products and/or services, or be limited in how we can do so;(ii) we will not be able to interact with you;(iii) we may be unable to process and open an account for you; and/or(iv) we will not be able to properly investigate or resolve any complaint you submit.
5. Access to your personal information
(a) You may Contact Us (https://www.gearme.com.au/en/user_feedbacks/ new) to correct or update your personal information. We may need to obtain proof of your identity before implementing your request and may refuse to provide you with certain information where permitted or required by law.(b) In certain circumstances, the law permits us to deny you access to your personal information if:
(i) access would be unlawful or pose a serious and imminent threat to an individual’s life, health or safety, or a serious threat to public health or public safety;(ii) access would have an unreasonable impact on the privacy of others;(iii) the information relates to existing or anticipated legal proceedings and would not be accessible by the process of discovery in those proceedings;(iv) access would reveal the intentions of a party in relation to negotiations or prejudice those negotiations; or(v) access may prejudice enforcement activities or a security function.
6. Disclosure and destruction of personal information
(a) You may Contact Us (https://www.gearme.com.au/user_feedbacks/ne w) to correct or update your personal information. We may need to obtain proof of your identity before implementing your request and may refuse to provide you with certain information where permitted or required by law.
(b) We destroy personal information which is no longer needed for the purpose for which it was collected, unless we are otherwise required or authorised by law to retain the information for a period of time.(i) our employees, related entities and employees of those entities;(ii) our business partners;(iii) our professional advisers, dealers and agents;(iv) third parties and contractors who provide services to us, including customer enquiries and support services, manufacturing services, shipping and freight services, debt-recovery functions, information technology service providers, marketing and advertising services;(v) payment systems operators;(vi) our sponsors or promoters of any competition which we conduct;(vii) any third parties authorised by you to receive information held by us; and(viii) government, regulatory and law enforcement agencies as required, authorised or permitted by law.
7. Data security and third-party information
(a) We hold your personal information in electronic form in secure databases owned and operated by our third-party service providers. We manage the security of your personal information by using SSL encryption.(b) While we take reasonable steps to ensure your personal information is protected from loss, misuse, unauthorised access, modification or disclosure, security measures over the internet can never be guaranteed. This means that we cannot guarantee the security of your personal information. In the event of a breach, we will attend to the required reporting arrangements. We cannot accept responsibility for the misuse, loss or unauthorised access to, your personal information where the security of information is not within our control.(c) Our Site may contain links to websites, other apps and social media platforms operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless stated otherwise, we are not responsible for the privacy practices of, or any content, on those linked websites, and have no control over or rights in them. The privacy policies that apply to third-party websites may differ substantially from this Policy, so we encourage you to read those privacy policies before using those websites.
8. Changes to policy
If and when we amend this Policy in any way, we will make all reasonable efforts to bring those changes to the attention of our visitors and members. An updated version of our Policy will be maintained on our Site so that you remain aware of our policies. The updated version will become effective on the date it is posted, which will be listed on the page as the new effective date. We encourage you to check our Site from time to time to view our most current policy.
9. Contacting us and opting out
(a) You can contact us at email@example.com. When you contact us, the personal information which you provide us will only be used for the purpose(s) that you disclose it for, for example, for answering your inquiry or for providing information about our services.(b) You may notify us at any time that you do not wish to receive marketing or promotional material by contacting us directly or through the “Unsubscribe” mechanism in our marketing or promotional emails.(c) Our contact details can be found at https://www.gearme.com.au/en/user_feedbacks/n ew.
10. Feedback and complaints
© 2018 GearMe Pty Ltd. ALL RIGHTS RESERVED.(a) We welcome feedback about privacy issues and will attend to all questions and complaints promptly.(b) Please contact us at the email address below. If you would like to seek access to any personal information which we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, you can contact the department that collected your personal information in the first instance, or write to:GearMe Privacy12/12 Woods Parade,Fairlight, NSW, 2094We will aim to resolve any complaints within 7-10 days.