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Website privacy policy

This Privacy Policy applies to all personal information collected by Powered by Vegies via the website located at www.poweredbyvegies.com.au

Please read this website privacy policy in conjunction with the Powered by Vegies Services Agreement and the Powered by Vegies Website Terms of Use also available from this website.

How to contact us about privacy

Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. This policy is governed by the Australia National Privacy Principles located at http://www.oaic.gov.au/privacy/privacy-act/national-privacy-principles.

You can contact us on:

www.poweredbyvegies.com.au or poweredbyvegies@hotmail.com

Collection and Purpose

We may collect personal information from you in the course of you using the website if you input any personal information into the website. In addition, publication of electronic addresses on this website is for the purpose of professional communication only, and must not be used for the receipt of unsolicited commercial electronic messages.

The purpose for which we collect personal information is to provide you with the best service experience possible on the website. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality and the services available on the website.

Direct Marketing

We may use the information for direct marketing purposes and to seek potential clients through the promotional activities of the agent. In providing the information the parties agree to this use unless they advise us differently.

Disclosure

We do not disclose personal information in operating the website. We will only disclose personal information to an unrelated third party with your consent and/or if required by law.

Access and correction

The Australian Privacy Principles 6, 12 and 13 contained in the Privacy Act 1988 (Cth) allow you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out below.

Use Policy

All third parties will be under an obligation to maintain the security and confidentiality of your personal data. This site recommends that all potential guests carefully read both the Powered by Vegies Services Agreement, the Powered by Vegies Website Terms of Use and Powered by Vegies Website Privacy Policy together.

No responsibility will be taken for the content or privacy practices of third party websites linked to or from www.poweredbyvegies.com.au

If you receive an email requesting bank or credit card details, login and/or password please ignore/delete and let us know by contacting us. Do not verify bank account or any personal information by clicking on a link – Please let us know.

Any issues or complaints regarding your experience with this Website should be either emailed to us or posted to us at:

Powered by Vegies

1. poweredbyvegies@hotmail.com

www.poweredbyvegies.com.au

Security

We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation.

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Website terms of use

These Terms of Use (“Terms”) govern your use of our website located at www.poweredbyvegies.com.au

(“Site”) and form a binding contractual agreement between you, the user of the Site and us, Powered by Vegies.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on poweredbyvegies@hotmail.com

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1. Licence to use Site

1.1      We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

1.2      You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

1.3      You must not add any content to the Site:

• unless you hold all necessary rights, licences and consents to do so;
• that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
• that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
• that would bring us, or the Site, into disrepute; or
• that infringes the intellectual property or other rights of any person.

1.4      You acknowledge and agree that:

• we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
• the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

2. Intellectual Property Rights

2.1      Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

2.2      By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

2.3      You consent to any act or omission, which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.4      The licence in clause 2.3 will survive any termination of these Terms.

2.5      You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.

3. Warranties

3.1      You represent and warrant to us that:

• you have the legal capacity to enter these Terms; and
• you have complied with clause 1.3.

4. Liability

4.1      To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

4.2      To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

4.3      These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

• in the case of services:
• the supply of the services again; or
• the payment of the cost of having the services supplied again.

5. Contents of the Site does not constitute advice

The information on the Site is only a summary of the subject matter and services provided. It is not a substitute for professional advice. The use of the material and information provided on this Site does not create a relationship with Powered by Vegies.

6. Links to other sites

The content on this Site may contain links to other sites. Powered by Vegies does not sponsor, endorse, or approve of any material on other sites or the operations of other sites. The use of other sites is entirely at your own risk.

7. Termination

7.1      These Terms terminate automatically if, for any reason, we cease to operate the Site.

7.2      We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

8. General

8.1      You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

8.2      If any of the provisions of these Terms are invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

8.3      Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

 

8.4      Publication of electronic addresses on our website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

8.5      This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia and each party submits to the jurisdiction of the courts of New South Wales, and the Federal Courts of Australia.

 

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Website Services Agreement

This Service Agreement is made between you and Powered by Vegies ABN 83 054 428 379. By using the website and associated services you are indicating your acceptance of this Website Services Agreement, the Powered by Vegies Website Terms of Use and the Powered by Vegies Privacy Policy, and agree to be legally bound by them.

1. Definitions and interpretation

‘Commencement Date’ means the date on which you access the Powered by Vegies website.

‘Confidential Information’ means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:

• information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement, and
• information developed independently by a party.

‘Documentation’ means any and all proprietary documentation made available to you by the Powered by Vegies for use with the Powered by Vegies Services, including any documentation available online.

‘Fees’ means cost of the Powered by Vegies services.

‘Force Majeure Event’ means any event beyond the control of the relevant party.

‘GST’ has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth), or any other similar tax.

‘Intellectual Property Rights’ means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

 ‘Licensed Downloads’ means the Powered by Vegies Services and/or Licensed Powered by Vegies Downloads owned by the Powered by Vegies and accessed by you or demonstrated to you by the Powered by Vegies pursuant to this Agreement.

‘Moral Rights’ has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.

Unless the context requires otherwise:

• a reference to a person includes a corporation or any other legal entity;
• the singular includes the plural and vice versa;
• headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
• the term “includes” (or any similar term) means “includes without limitation”; and
• a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.

2. Grant of Licence

2.1      The Powered by Vegies grants you a personal, non-exclusive, world-wide, non-transferable, perpetual licence to use the Powered by Vegies Services and the Documentation, subject to and in accordance with the terms and conditions set out in this Agreement.

2.2      You must not:

• use the Services for any purpose or in any manner other than as set out in clause 2.1;
• use the Services in any way that could damage the reputation of the Powered by Vegies or the goodwill or other rights associated with the Services;
• permit any third party to use the Services;
• reproduce, make error corrections to or otherwise modify or adapt the Services or the Documentation or create any derivative works based upon the Documentation;
• de-compile, disassemble or otherwise reverse engineer the Services or Licensed Downloads, or permit any third party to do so; or
• modify or remove any copyright or proprietary notices on the Licensed Downloads or the Documentation.

3. Intellectual Property Rights

3.1      Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.

3.2      You acknowledge that the Powered by Vegies owns all Intellectual Property Rights in the Licensed Downloads.

3.3      You must not directly or indirectly do anything that would or might invalidate or put in dispute the Powered by Vegies’s copyrights in the Licensed Downloads or any of the Powered by Vegies’s Trade Marks

3.4      You must comply with the Powered by Vegies’s reasonable usage guidelines and directions with respect to the Services and/or the Licensed Downloads and the Trade Marks as notified to you from time to time.

4. Payment

4.1      You must pay the Powered by Vegies fees.

4.2      The Walk Different payment policy is compliant with the PayPal Acceptable Use Policy and the Paypal Buyer Protection Policy.

5. GST

5.1      All amounts payable under this Agreement are expressed exclusive of GST.

5.2      In respect of any taxable supply, you must pay to Powered by Vegies an additional amount equal to the prevailing GST rate, payable at the same time and in the same manner as the Fees, subject to the receipt by you of a valid tax invoice.

6. Confidentiality

6.1      A party must not, without the prior written consent of the other, use or disclose the other party’s Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.

6.2      A party may:

• use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under this Agreement; and
• disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to this Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.

6.3      Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party’s Confidential Information whilst it is in the receiving party’s possession or control.

6.4      Each party must return, or at the other party’s option destroy, all Confidential Information of the disclosing party in the receiving party’s possession or control, on the earlier of the Powered by Vegies’ request or on termination of this Agreement for any reason.

7. Liability

7.1      To the full extent permitted by law, the Powered by Vegies excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

7.2      To the full extent permitted by law, the Powered by Vegies excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.

7.3      The Powered by Vegies’ total aggregate liability for all claims relating to this Agreement is limited to the Fees payable under this Agreement.

7.4      Either party’s liability for any claim relating to this Agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.

Limitation of liability

8.5      You acknowledge that you use the Powered by Vegies Services and/or Licensed Downloads at your own risk and you act on the basis of any advice given by the Powered by Vegies at your own risk. You agree that any employee or agent of the Powered by Vegies providing advice on behalf of the Powered by Vegies is not liable for any loss, damage or injury occasioned to the you arising from or caused by the provision of the Licensed Downloads, advice or support under this Agreement or the use made by you.

8.6      This Agreement is to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, the Powered by Vegies limits its liability in respect of any claim to, at the Powered by Vegies’ option:

 

• in the case of services:
• the supply of the services again; or
• the payment of the cost of having the services supplied again.

 

9. Termination

9.1      A party may terminate this Agreement by written notice to the other if any of the following events has occurred in respect of the other party:

• a material breach of this Agreement which is not remediable or if capable of remedy, where the other party fails to remedy within 14 days of written notice;
• an insolvency event occurs, other than an internal reconstruction with notice to the other party.

10. Consequences of Termination

10.1    If this Agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available:

• the parties are immediately released from their obligations under the Agreement except those obligations in clauses 6, 7, 8 and 10, and any other obligations that, by their nature, survive termination;
• each party retains the claims it has against the other;
• your right to use the Licensed Downloads and the Trade Marks immediately ceases and the licences granted under this Agreement terminate;

11. General

11.1    You must not assign, sublicense or otherwise deal in any other way with any of its rights under this Agreement without the prior written consent of the Powered by Vegies.

11.2    Nothing contained in this Agreement creates any relationship of partnership or agency between the parties.

11.3    If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

11.4    Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

 

Refund Policy

• Powered by Vegies will be able to refund a payment within 60 days of the date of the transaction. This may be limited or not permitted in some circumstances, for example where you access the Licensed Module or a Chargeback has been filed.
• If a transaction is refunded, both the payment and the corresponding portion of applicable fees will be refunded. If you return funds through the “Send Money” tab, this will not be considered a refund and transaction fees will not be refunded.
• In some circumstances, you may refuse a payment. Powered by Vegies are not liable for any damages resulting from your decision to not accept a payment made through our Services.
• If a payment is unclaimed, the funds will be returned to sender, usually 30 days after they were sent.
• If your payment is refused or refunded the funds will be returned to you, usually one business day after the funds were refused or refunded, in the following ways:

• Payments funded by Credit Card are returned to that Credit Card;
• Payments funded by a Nominated Bank Account or account balance are returned to your account balance.

 

11.6    This Agreement (and any documents executed in connection with it, the Powered by Vegies Website Terms of Use and the Powered by Vegies Website Privacy Policy) is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.

11.7    This Agreement may be amended only by a document signed by all parties.

11.8    A provision of or a right under this Agreement may not be waived or varied except in writing signed by the person to be bound.

11.9    A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.

11.10  Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party’s performance under this Agreement for more than thirty (30) consecutive days, the other party may immediately terminate this Agreement by written notice.

11.11  All stamp duties and other government charges in relation to this Agreement must be paid by you.

11.12  This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia and each party submits to the jurisdiction of the courts of New South Wales, and the Federal Courts of Australia.