TERMS OF SERVICE
Please read this document carefully as it applies to your use of this Website.
By accessing and using this Website, or any affiliated website you:
- waive your rights to make any claim against us inconsistent with them.
1. General Terms
1.1 Licence to use the Content on this Website
All of the content on this Website (including, but not limited to, text, graphics, advertisements, software, information, User Content (as defined in clause 1.2(a)) and RSS Feeds (as defined in clause 2.1(a)) (Content) is subject to copyright and possibly other intellectual property rights of www.greenbuddy.com.au (or our suppliers and/or licensors) and is protected by Australian and international copyright and trade mark laws.
We grant you a limited, revocable and non-transferable licence to access, view, use and print this Website and the Content solely for your personal, non-commercial purposes and only for those purposes (Licence).
Subject to applicable law, we may revoke the rights granted to you pursuant to this clause 1.1 at any time and may suspend or deny, in our sole discretion, your access to all or any part of this Website (including RSS Feeds) without notice.
1.2 User Content
This Website may contain content or material uploaded, posted, emailed or otherwise electronically transmitted (Posted) by you, or other users of this Website (User Content).
You grant us a perpetual, royalty-free, non-exclusive, irrevocable and worldwide licence to use, copy, modify, adapt, exploit, publish, display, re-distribute, broadcast, transmit, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose (User Content Licence), and waive in favour of us all moral rights and any similar rights in any jurisdiction which you may have or acquire in respect of User Content Posted by you.
We may access or examine any User Content and at our discretion, move, remove, edit, refuse to Post or disable access to User Content which we consider, in our sole discretion, to breach any law or to be otherwise unacceptable. You acknowledge that we have no responsibility or liability for the deletion or failure to store any content or material Posted by you or any other user on this Website.
If you use this Website, you are solely responsible for any User Content Posted by you. In using this Website or any service offered through it, you must not:
- violate any applicable laws, impersonate any person or Post any User Content that:
- infringes the intellectual property rights of any third party or Post User Content that you do not have the right to Post;
- is unlawful, harmful, threatening, abusive, misleading, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing, improper or otherwise objectionable to any other person or entity;
- contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email; or
- contains a survey, contest, or pyramid scheme;
- distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
- collect or store personal data about other users of this Website or engage in any other conduct that inhibits or discourages any other person from using or enjoying this Website.
You acknowledge and agree that:
- we are not responsible for User Content Posted on this Website nor under any obligation to monitor, move, remove, edit, refuse to Post or disable access to it; and
- User Content Posted on this Website is a means of public (not private) communication and we may disclose the identify or other information in relation to any person who Posts content or materials on this Website which may violate any applicable or relevant law for the purposes of co-operating with law enforcement authorities in any jurisdiction or complying with any lawful direction or request to do so.
You may be required to register with us in order to Post comments in relation to Content, to participate in Competitions or access some of the Content or other features or functionality of this Website. Where you are required to register:
- you must submit accurate, complete and updated registration information;
- you must safeguard any user name and password which we provide to you;
- you authorise us to assume that any person using this Website with your user name and/or password is either you or is authorised to act for you;
- where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password; and
- you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware.
You may cancel your registration at any time by notifying us (unless the specific terms and conditions of a Competition provide otherwise).
We may discontinue or cancel your registration in our sole discretion without notice if:
- you do not visit this Website for an extended period of time;
- if we conclude that your conduct impacts on our name or reputation or violates our (or a third party’s) rights.
1.5 Links and advertisements
This Website contains hyperlinks to other websites owned or operated by third parties. We have not reviewed all of the third party websites linked to this Website and are not responsible for their content or accuracy (including sites linked through advertisements). The inclusion of any hyperlink does not imply that we endorse the linked site and you access the hyperlinks at your own risk. Your correspondence or dealings with, your participation in promotions of and your reliance on the representations of advertisers on this Website are matters that are solely between you and such advertisers.
Whilst browsing this Website, advertisements (including ‘banner ads’, ‘full page ads’ and ‘pop-ups’) may appear in the window of your Internet browsing software or elsewhere on your computer screen. You acknowledge and consent to this functionality and agree not to install or operate (or suffer the continued installation or operation of) any software designed to block, filter, ‘zap’, obscure or obliterate the display of such advertisements, or any other like software.
1.6 Variations to this Website
We may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
1.8 Your representations and warranties
You represent and warrant that:
- all User Content that you Post is true, accurate and not confidential to or owned by any other person;
- all User Content Posted by you is owned by you, our use of such User Content does not infringe or violate the intellectual property rights or any other rights of anyone else and you have the right to grant the User Content Licence; and you will not use this Website
1.9 Content is personal opinion only
The views expressed in the Content, or which may be reasonably implied in material comprising it (including in streamed audio or audio-visual material), do not necessarily represent the views of www.greenbuddy.com.au. You must evaluate and bear all risks associated with the Content and not rely on it or its accuracy, completeness or usefulness for any purpose, including as a substitute for any form of professional advice.
1.10 Use of this Website is at your own risk
You use this Website at your risk. To the extent permitted by law, everything on this Website is provided to you ‘as is’ without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law and in particular:
- we endeavour to provide a convenient and functional Website, but we do not guarantee that your requirements will be met or that your access to the Content or this Website will be uninterrupted, error free or that this Website or the server that operates it is free of viruses or other harmful components; and
- while we may attempt to keep information on this Website current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on this Website.
This Website is accessible to you over the Internet which is an inherently insecure medium. You are responsible for implementing adequate security measures to protect your systems. We are not responsible for your negligence or failure to backup or protect your data, software or hardware from unintended modification, destruction or disclosure when accessing this Website over the Internet, or if your use of this Website results in the need for servicing or replacing property, material, equipment or data.
1.11 Service provider charges
You acknowledge and agree that www.greenbuddy.com.au is not responsible for any charges that may be invoiced to you by your telecommunications service provider or your Internet service provider in relation to your access, use or downloading from this Website.
1.12 Liability and indemnity
To the maximum extent permitted by law:
- we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use this Website, or any content or material accessible at any time through it, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know or have been advised of the possibility of such damage; and
- our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
- in the case of goods: (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of such goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired; and
- in the case of services: (1) the supply of the services again; or (2) the payment of the cost of having services supplied again.
You agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.
2 Special Terms
The following special terms apply to your access to and use of certain features and functionality of this Website, in addition to the general terms described above.
2.1 RSS Feeds
www.greenbuddy.com.au may make certain RSS feeds in respect of certain Content available to you through the Website from time to time (RSS Feeds). Your use of RSS Feeds is subject to the special terms described in this clause 2.1.
You acknowledge that in order to receive our RSS Feeds, you are required to install and operate third party-proprietary ‘feed reader’, ‘feed aggregator’ or ‘news aggregator’ software that is proprietary to third parties, on your computer system (Feed Reading Software). We are not responsible for any aspect of the Feed Reading Software and your downloading, installation, re-distribution and other use of Feed Reading Software is governed by the terms and conditions imposed on the use of that software by the relevant third party software provider.
Your access to our RSS Feeds is conditional on your compliance with those terms and conditions and you indemnify us against:
- any breach of them by you, or of any other agreements between you and third party providers of Feed Reading Software; and
- any damage or loss whatsoever which results from the download and/or use of our RSS Feeds.
By entering a subscription URL of any of our RSS Feeds into any Feed Reading Software installed on your computer system, you agree that:
- you will only use our RSS Feeds for your personal, non-commercial purposes and otherwise in accordance with clause 1.1; and
- you will not use our RSS Feeds for the purpose of promoting, endorsing or implying a connection between us and you (or any third party).
2.2 Mobile Access
In this policy, ‘us’, ‘we’ or ‘our’ means www.greenbuddy.com.au and its related bodies corporate.
This policy sets out:
- what kind of information we collect;
- how we collect it;
- why we collect it;
- how we use it;
- how we disclose it;
- opting in and out;
- management and security;
- how to seek access to and update your personal information; and
- how to contact us.
We are bound by the National Privacy Principles contained in the Privacy Act 1988 (Cwth) (subject to exemptions that apply to us under that Act).
We may, from time to time, review and update this policy, including to take account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy.
This policy was last updated in September 2013.
What information we collect
In general, the personal information we collect about you includes (but is not limited to) your name, contact details (including phone numbers and addresses) and possibly financial information, including your credit card information.
We also collect information about you that is not personal information. For example, we may collect data relating to your activity on our websites (including IP addresses) via tracking technologies such as cookies, or we may collect information from you in response to a survey. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute personal information, the National Privacy Principles do not apply and we may use this information for any purpose and by any means whatsoever.
We generally advise that you do not publish or communicate personal information, or at least limit the personal information that you publish or communicate, to the public via our services, such as in our classifieds, forums or blogs (Non-Confidential Information). You acknowledge that we cannot control any third party collection or use of your Non-Confidential Information. You agree that we may use and disclose Non-Confidential Information for any purpose and by any means whatsoever.
How we collect it
We may collect your personal information from a variety of sources, including from you, advertisers, mailing lists, recruitment agencies, contractors and business partners.
We may collect your personal information when you request or acquire a product or service from us, register with us as a member, provide a product or service to us, complete a survey or questionnaire, enter a competition or event, contribute in a fundraising event, participate in our services (including our radio programs, blogs and forums) or when you communicate with us by e-mail, telephone or in writing (for example if you contact customer service to make a complaint or provide feedback).
If, at any time, you provide personal or other information about someone other than yourself, you warrant that you have that person’s consent to provide such information for the purpose specified.
Why we collect it
The primary purpose for which we collect information about you is to provide you with products and services you have requested. We also collect information about you for the purposes outlined below.
We may state a more specific purpose at the point we collect your information.
If you do not provide us with the information that we request, we may not be able to provide you with our products or services. For example, if you do not register as a member of a website, you will not be able to access features or services that are reserved for members only.
How we use it
In addition to the primary purpose outlined above, we may use the personal information we collect, and you consent to us using your personal information:
- to provide you with news and information about our products and services;
- to send marketing and promotional material that we believe you may be interested in. This material may relate to any of our businesses or a third party business which we believe may be of interest to you;
- for purposes necessary or incidental to the provision of goods and services to you;
- to personalise and customise your experiences;
- to manage and enhance our products and services;
- to communicate with you, including by email, mail or telephone;
- to conduct competitions or promotions on behalf of us and selected third parties;
- to verify your identity;
- to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
- as required or permitted by any law (including the Privacy Act).
How we disclose it
We may also disclose personal information, and you consent to us disclosing your personal information, to third parties:
- engaged by us to perform functions or provide products and services on our behalf, such as processing credit card information, mailouts, debt collection, marketing, research and advertising;
- that are our agents, business partners or joint venture entities or partners;
- that sponsor or promote any competition that we conduct or promote via our services;
- authorised by you to receive information held by us;
- as part of any investigation into you or your activity, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary to the Police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator;
- as part of a sale (or proposed sale) of all or part of our business; and/or
- as required or permitted by any law (including the Privacy Act).
Opting in or out
At the point we collect information from you, you may be asked to ‘opt in’ to consent to us using or disclosing your personal information other than in accordance with this policy or any applicable law. For example, you may be asked to opt-in to receive further information or communications from our advertisers and supporters which do not fall into one of the categories described above.
You will generally be given the opportunity to ‘opt out’ from receiving communications from us or from third parties that send communications to you in accordance with this policy. For example, you will be given the option to unsubscribe from e-newsletters and other marketing or promotional material sent by us. You may ‘opt out’ from receiving these communications by either clicking on an unsubscribe link at the end of an email or by updating your personal details on your membership page.
If you receive communications purporting to be connected with us or our services that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us.
Management and security
Other than in relation to Non-Confidential Information, we will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, pass word access, secure servers and encryption of credit card transactions.
However, you acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to us via the internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control.
You acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose your personal information to in accordance with this policy or any applicable laws). The collection and use of your information by such third party/ies may be subject to separate privacy and security policies.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
Accessing and updating your information and how to contact us
Subject to some exceptions in the Privacy Act, you have the right to seek access to and update the personal information we hold about you. If you make an access request, we will ask you to verify your identity. We may charge a fee to cover the costs of meeting your request.
Members of our websites will generally be able to access and update their membership details online.
We request that you keep your information as current as possible so that we may continue to improve our service to you.
If you would like to seek access to personal information 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:
www.greenbuddy.com.au – 103 The Esplanade Cairns, 4870. Australia.
Tracking and Targeting Policy
www.greenbuddy.com.au (we, us or our) collects data about your browsing activity on our network. We may also use non-personal information that we collect about you on our network to identify you on third party websites where we have an arrangement in place to serve ads on those third party websites. We may also collect anonymous internet usage data from third parties.
One of the reasons we collect usage data is to display targeted advertisements or content on our network and also on third party websites. For that purpose, usage data may be collected and assigned to one or more pre-defined categories (for example ‘holiday seekers’). If this infers a particular interest, a cookie is placed in your web browser which may determine the type of targeted advertising or content that you receive. We target advertisements and content in order to improve your user experience – so that you are served advertisements and content that we believe may be more relevant or useful to you.
Advertisements or content may also be ‘targeted’ to users based on:
- the type of content displayed on a given web page;
- the geographical location of a user (ie. identified by an IP address); or
- specific searches undertaken by a user.
Other reasons we may collect anonymous usage data include:
- to limit the number of times users are served certain ads;
- to monitor the performance of advertising campaigns;
- to audit, research, and analyse usage in order to maintain and improve our services, and to develop new services; and
- to ensure that our ad-serving technologies function properly.
We will not collect usage data or target advertisements based on the following market segments:
- racial or ethnic origin; or
- political opinions; or
- membership of a political association; or
- religious beliefs or affiliations; or
- philosophical beliefs; or
- membership of a professional or trade association; or
- membership of a trade union; or
- sexual preferences or practices; or
- criminal record; or
- health information; or
- genetic information that is not otherwise health information.
If we ever seek to target advertisements based on the above market segments, we will first obtain your express consent.
We will not create categories designed to target children under the age of 13 years (however, this does not prevent us from marketing children’s products to an adult audience).
Third party advertisers purchase advertising products from us that enable them to target particular types of users of our network, for advertisements served both on our network and also on third party websites.
Some of these advertisers are members of the Network Advertising Initiative (NAI), which offers a single location to opt out of their cookies. Please visit the Network Advertising Initiative’s website at http://www.networkadvertising.org/choices/ for more information.