Terms and Conditions

Terms of website use

These terms govern your use of our website booksgiftsdirect.com (“our site”). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us

The domain address booksgiftsdirect.com is a site operated by Thinktastic Pty Ltd ACN 660 823 423 (“We”). We are located at Unit 5, 1/13 Childs Road, Chipping Norton, NSW, 2170, Australia.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the information/service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with these terms.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

This section applies only to the extent permitted by law.

We do not accept liability for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

We will do our best to correct errors and omissions as quickly as practicable after being notified of them.

To the fullest extent permitted by law, we are providing this site and its contents on an ‘as is’ basis and make no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this site is accurate, complete or current.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these terms.

Links from our site

To the extent that our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

These terms of use and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New South Wales, Australia.

Variations

We may revise these terms of use at any time by posting revised terms. You are expected to check these terms from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Privacy Policy

We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. Our Privacy Policy is set out below. By visiting our website you are accepting the practices described in this Privacy Notice.

Web Hosting Service

Contact

Any questions, comments, requests and complaints regarding these terms and/or our website should be addressed to:

Thinktastic Pty Ltd

Privacy Policy

Thinktastic Pty Ltd (ACN 660 823 423), each of their related entities (together “Books and Gifts Direct, we, us, our”) understand our customers’ concern about the privacy of their information when collected by us.

Our Privacy Policy describes how we treat any personal information that we receive from our customers about themselves. It outlines the type of personal information we collect, how that information may be used, to whom we permit access and how we protect that personal information. Our Policy is part of our ongoing commitment to the protection of our customers’ privacy.

We are dedicated to protecting the confidentiality and security of the personal information which we collect about our customers and do so in accordance with the Privacy Act 1988 (including the Australian Privacy Principles (APP’s)). This dedication extends to information or opinions that are collected about an individual in circumstances where their identity can reasonably be determined.

Any questions about the general privacy principles may be directed to the office of the Australian Information Commissioner whose website details are: www.oaic.gov.au.

1. OPEN AND TRANSPARENT POLICIES (APP 1)

We have and will continue to take all reasonable steps to implement and maintain practices, procedures and systems to ensure that we comply with all our obligations under the Privacy Act. Do not hesitate to contact us if you have any questions about this policy or any matters arising from it.

2. ANONYMITY AND PSEUDONYMITY (APP 2)

You may not wish to identify yourself or you may wish to use a pseudonym. You may do this provided that this does not make it impractical for us to deal with you.

Please Note: It will generally be impractical for you to deal with us anonymously or under a pseudonym, should you wish to enter into a contract with us. The reason for this is because your identity is a relevant factor in relation to the supply of our services and the creation of binding contracts with you.

3. COLLECTION OF INFORMATION (APP 3 & 4)

3.1. PERSONAL INFORMATION (APP 3)

The sort of personal information we collect may include:-

• your name, address and other contact information, including phone and mobile phone numbers and email address,
• your occupation,
• whether you have had previous experience of running your own business and details of that experience,
• any other information you volunteer,
• your company name and address,
• whether you have access to a van or commercial motor vehicle,
• whether you have access to or are able to rent suitable storage facilities,
• what prompted you to visit our website,
• personal information of persons authorized by you to deal with us on your behalf.

3.2. SENSITIVE INFORMATION (APP 4)

We only collect personal information that is reasonably necessary for us to carry out the services that we offer to you, and to ensure that we comply with all laws in relation to those services.

If we need to collect Sensitive Information (such as information relating to health, disability, ethnic origin, criminal convictions, religious or political affiliation), we will only do so where it is reasonably necessary to perform our functions and will seek your express written consent in advance. Collection of such Sensitive Information is done in accordance with the Australian Privacy Principles.

4. HOW WE COLLECT INFORMATION (APP 5)

Books and Gifts Direct collects information in a number of ways, including:

• directly from you when you provide information (such as an email address and personal details) by sending us a message, email, phone or in documents such as an application form online;
• from third parties such as our related companies or your representatives;
• information collected and collated from publicly available sources, including search engines, websites, social media, publicly available data bases, third party sources and referees, personal contacts and industry connections;
• from our own records; and
• Cookies:

A cookie is a small file of letters and numbers downloaded on to a device when the user accesses certain websites. A cookie will allow a website to recognise a user’s device. A cookie will contain the name of internet location (the domain) from which the cookie has come and the lifetime of the cookie (a cookie will usually expire after a certain period of time).

Two types of cookies may be used on our website:

(i) Session cookies which are temporary cookies that remain in the cookie file of your browser until you leave the site; and

(ii) Persistent cookies which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

How we use cookies on our site and what information we collect

• Session cookies

We may use session cookies:

To allow you to carry information across pages of our site and avoid having to re-enter information.

• Persistent cookie

We may use persistent cookies:

(i) We may use persistent cookies from time to time to help us recognise you as a unique visitor when you return to our website and to monitor your use of our website;

(ii) To allow us to link you to any of our Partners of Affiliates should you come to our website through a paid advert or banner on a website of an Affiliate or Partner.

Use of web beacons

Some of our web pages may contain web beacons which allow us to count users who have visited these pages. Web beacons collect only limited information including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. These beacons do not carry any personally identifiable information and are used to track the effectiveness of a particular marketing campaign.

5. WHY WE COLLECT AND HOW WE USE INFORMATION (APP 6)

5.1. USE OF INFORMATION

We collect and use information for business purposes with respect to our products and services and other business relations involving our customers, including to give access to or improve functionality of our website. We gather this Information by lawful and fair means without being unreasonable or intrusive. We may use this Information to:-

• identify you and to assist you to clarify any of our relevant services more easily;
• consider any application you may make and provide or change the services you require,
• administer and manage those services, including fulfilling obligations in respect of any sale and purchase contracts and any other contract between you and Books and Gifts Direct, charging, billing and collecting debts;
• gain an understanding of your information and communication needs in order for us to provide you with better, more personalised services that are tailored to your needs;
• maintain and improve the functionality of our website to provide better service to website visitors and users;
• send you any technical, administrative or legal notices important to our business with you;
• inform you of ways the services provided to you could be improved;
• maintain our relationship with you;
• respond to customer or franchisee enquiries;
• conduct appropriate checks for fraud;
• research and develop our services using third party services;
• maintain and develop our business systems and infrastructure, including testing and upgrading of these systems;
• inform you of matters about which we believe you may have an interest;
• assist statistical, actuarial or research analysis as we consider is necessary for business purposes.
• notify you of our service offerings from time to time; and
• comply with legislative and regulatory requirements.

Failure to provide personal information may result in Books and Gifts Direct being unable to provide you with our services, get in contact with you or provide you with such information as you may require.

5.2. DISCLOSURE OF INFORMATION

When necessary and in connection with the purposes listed above, Books and Gifts Direct may disclose your Information to and/or receive Information from other companies within the Lifetime Distributors group, government bodies, mailing houses, other service providers, legal and other professional advisers. We may also be required by law to disclose personal information to law enforcement officers or other persons.

The Information collected will be used or disclosed by us for secondary purposes related to those purposes listed above, but only if you would expect us to use or disclose the information for such secondary purpose. However, in the case of Sensitive Information the secondary purpose must be directly related to the purposes listed above.

6. DIRECT MARKETING (APP 7)

By accepting our services you expressly permit us and the Books and Gifts Direct group of companies to use your Information for our direct marketing purposes and the purposes expressly set out in this policy. You consent to our use of your Information to issue product and professional mail outs by email, fax, social media or letters and undertaking other marketing or service based activities.

If you do not wish to receive any of these materials, please contact our Social Media Unit, whose details are at the end of this Policy, to opt out.

You can change your mind about receiving materials or information about our products and services at any time by contacting us.

You may opt out of any direct marketing service at any time.

We will never sell, license, trade or provide your Information to another for direct marketing purposes.

7. CROSS BORDER DISCLOSURE OF PERSONAL INFORMATION (APP 8)

We may share your Information within the Books and Gifts Direct international group of companies. We may use new technologies from time to time and personal information may be stored outside Australia. We will not transfer personal information to a recipient in a foreign country unless we have appropriate protections in place as required by the relevant privacy laws. Your information will be stored on our data base for such period of time as required by law.

8. IDENTIFIERS (APP 9)

We will use our own identifiers and not those assigned by the government unless we are required to do so, or the Australian Privacy Principles or other another law legislates us to do so.

9. ACCURACY OF PERSONAL INFORMATION (APP 10)

We will take all reasonable steps to ensure that the information we collect, use and disclose is accurate, up-to-date and complete. Please contact us if there is a change in your circumstances that requires an update to be made to our data. Following verification of your identity, we will correct or update your personal information in the manner we describe below.

10. SECURITY OF DATA (APP 11)

How we protect Information

We will take all reasonable steps to protect the information we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. When information is no longer needed we will destroy or de-identify it.

We require our employees to protect the confidentiality of information as required by applicable law. Access to information by our employees is limited to administering, offering, servicing, processing or maintaining of our products and services. We also maintain physical, electronic and procedural safeguards designed to protect information. When we share or provide information to other persons or organizations, we contractually obligate them, if required by law, to treat information as confidential and conform to our privacy policy and applicable laws and regulations.

11. CORRECTION AND ACCESS TO INFORMATION (APP 12)

You may request access to the Information which we hold about you and request its correction if you believe it to be incorrect. We can also correct your Information if we are satisfied that it is incorrect.

There are some circumstances where we can refuse to give access to Information. These include where giving access to the Information would:

(a) pose a serious threat to the life, health or safety of an individual or the public,

(b) have an unreasonable impact on the privacy of others; or

(c) be frivolous or vexatious.

The other exceptions are detailed the Australian Privacy Principles. If we deny access to information, we will give you our reasons for denying access.

If you wish to access or correct your Information, please contact Books and Gifts Direct at the address shown:

Contact Details

Books & Gifts Direct

Address: Unit 5, 1/13 Childs Road, Chipping Norton, NSW, 2170, Australia.

Email: [email protected]

Books & Gifts Direct – Social Media Unit

Email: [email protected]

For security reasons, any request for details of information held by Books and Gifts Direct should be made in writing. You may be asked to provide proof of identity.

We will take all reasonable steps to provide you with access to the information requested within fourteen (14) days of your request. In situations where the request is complicated or requires access to a large volume of information, we will provide access to the information requested within thirty (30) days of your request.

We may charge you a fee to reimburse us for the costs we incur relating to your request for access to information. However, no fees or charges apply to any request to add, change or delete your personal information, nor for correcting the information.

12. COMPLAINTS

If you have a complaint regarding our management of your privacy you may access our internal dispute resolution (IDR) process by contacting us. The process will be as follows:

(a) At first instance you should contact us requesting a resolution. The person contacted has five (5) business days to resolve your complaint and if he or she cannot do so must refer the complaint to their manager.

(b) The manager has a further five (5) business days to resolve the matter. You will be notified of our decision. If you remain dissatisfied with the outcome, we will also inform you of your right to take this matter to the Office of the Australian Information Commissioner (OAIC).

(c) If you have not received a response to your complaint within thirty (30) days, then you may take the matter directly to the OAIC. The OAIC has the statutory responsibility of complaint handling under the Act. The OAIC is independent and impartial when dealing with your complaint. The OAIC will investigate your complaint, and where necessary, make a determination about your complaint, provided it is covered by the Privacy Act 1988. You have 12 months from the date you became aware of your privacy issue to lodge your complaint with the OAIC. The contact details of the OAIC are:

Office of the Australian Information Commissioner

GPO Box 5218

Sydney

NSW 2001

Telephone: 1300 363 992

Website: www.oaic.gov.au

Email: [email protected]