Click here to view or download Briggins’s terms and conditions as a PDF.
Terms of Service – Interacting with our website and digital media
Created January 30th, 2020.
- Briggins is owned and operated by Briggins Enterprise Pty Ltd ACN 621 653 441 (“Briggins” “us” “our” ”we”).
- This page describes the terms and conditions that govern your use of our digital products, including the website www.briggins.com.au and mobile applications.
GENERAL RULES AND DEFINITIONS
- If you choose to use www.briggins.com.au, any mobile sites and applications, or any of the features of this site (the “Site”), including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and us. However you access the Sites and Services, you agree to be bound by these terms and conditions. Please read these terms carefully before proceeding.
- We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and Services and by continuing to use this Site and Services, you agree to any changes. We may change, suspend or discontinue any aspect of the Services at any time to reflect changes to our products, our users’ needs and our business priorities. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions and that they comply with them.
- Your continued use of the Site and Services now, or following the posting of notice of changes in these operating rules, will indicate acceptance by you of such rules. We recommend that you print a copy of these terms and conditions for future reference.
CONTENT ON THE SERVICES
- The contents of the Services, including the Site, are intended for your personal, non-commercial use. All content, information and materials appearing on or emanating from the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips, video clips, links, forum posts, chat posts, messages, emails), also known as the “Content”, are protected by copyright, and owned or controlled by us or the party credited as the provider of the Content. You acknowledge that, as between us and you, Briggins is the sole owner of all content on the Site and Services, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto.
- The Services and Content are protected by copyright pursuant to Australian and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
- You may download or copy the Content and other downloadable items displayed on the Site or Services for personal use only, provided that you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
- You will not sell, redistribute, retransmit, reproduce, display or otherwise provide access to the Content to any third party, nor modify or create derivative works from any Content.
- Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Briggins, or the copyright holder identified in the copyright notice contained in the Content. Except as expressly authorised by Briggins, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Site or Services.
- Users of our site may be permitted to submit content for publication in various Briggins media and conditions apply if you choose to post any content or comments to the our Site or Services.
- When you submit content to us, you agree and represent that you have created that content or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Site or Services.
- You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us (the “Submissions”), you are granting us a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for Briggins or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed and on any platform either now known or hereinafter invented, any Submission posted by you on or to the Services or any other Web site owned by us, including any Submission posted on or to the Services through a third party.
- You acknowledge that any Submissions you make to the Site or Services may be edited, removed, modified, published, transmitted, and displayed by Briggins and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. We may remove your content from use at any time. Submissions made to the Site or Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.
- By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
- We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
- You acknowledge and agree that when you post content on the Site or Services, or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Briggins, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on our Site.
- You are solely responsible for the content of your Submissions. However, while Briggins does not and cannot review every Submission and is not responsible for the content of these messages, Briggins reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
- You shall not upload to, or distribute or otherwise publish on to the Services any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
- You understand that the technical processing and transmission of the Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Briggins assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Site.
- You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
- You agree to use respectful language, and not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
- Briggins encourages active discussions and welcomes debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
- The Services shall be used only in a non-commercial manner. You shall not, without the express approval of Briggins, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
- The Site or Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Since we are not responsible for and have no control over the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
GOVERNING LAW AND JURISDICTION
- This agreement is governed by Victorian law and the parties agree to submit to the exclusive jurisdiction of the Victorian courts.
REPRESENTATIONS AND WARRANTIES
- You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Briggins and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
- Briggins does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SITE AND SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
- Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Briggins.
COMMUNICATIONS BETWEEN BRIGGINS AND USERS
- If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third-party vendors to provide you with information about products and services. Ash to determine relevance.
- Briggins reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
- Briggins may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
REGISTRATION AND SECURITY
- As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
- Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Briggins Services if you share your login credentials
- Visitors to the Site agree that their use of the Site is at their own sole risk. The Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Briggins also makes no representations and warranties as to any linked sites and Briggins has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Site may represent the opinions and judgments of providers or users, such as user content. Briggins and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Site by anyone other than authorised Briggins employees acting in such capacity.
- This disclaimer of liability applies to any damages or injuries caused by the Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Briggins does not warrant or guarantee that access to the Site will be uninterrupted or error-free.
Personal Information and Sensitive Information
- Personal information is defined in the Privacy Act as:
- Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- (a) whether the information or opinion is true or not; and
- (b) whether the information or opinion is recorded in a material form or not,
- Sensitive information includes things such as race, sexual orientation, political opinions, members of a trade association or trade union, criminal record or health information (Sensitive Information).
- Information we collect from you
- When you sign up to become a Briggins Member via our website, which is located at briggins.com.au (the Website), we will usually only ask for the following information:
• first name;
• birth date;
• residential or professional address;
• email address;
• professional or personal profile information.
- We may ask you to nominate a User Name, a Profile Picture and a Password. We will not collect Personal Information unless the information is reasonably necessary to establish an account for you and provide our services to you.
- From time to time, we may ask you to supply additional Personal Information for specific purposes. In such cases, we will clearly explain why we request that information and unless we are required or authorised by law to request that information from you, providing such information to us is optional. Under no circumstances will we request any information from you that may disclose your:
- political, religious or philosophical beliefs or affiliations;
• health and sexuality;
• racial or ethnic origin; or
• criminal convictions.
- We may conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you. Participation in such activities is optional. We generally will only collect Personal Information about you if you voluntarily submit it to us by:
- providing your information by form, telephone or facsimile;
• creating an account with us;
• sending us an email;
• sending us Personal Information when using any part of our Website.
- We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your Personal Information for these purposes. Providing us with this information is optional to you. However, if you do not provide your Personal Information to us we may not be able to contact you or give you access to the additional benefits.
You may opt out of these additional communications at any time and can do so by emailing us at email@example.com.
- We will not collect Personal Information about you from third parties unless:
- you consent to the collection of the information from someone else; or
• it is unreasonable or impracticable to collect the information from you.
- Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive.
- Cookies make using the Website easier by storing information about matters such as your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not be used to identify you personally.
- If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.
- We collect certain information from you using cookies such as:
- your browser type;
• your location;
• your IP address;
• information about when and how you use our website;
• information about your past internet usage, such as websites you visit before coming to our Website.
- You have the option to interact anonymously or using a pseudonym with our Website. However, if you choose to remain anonymous or use a pseudonym, your experience with our Website may be diminished and we may not be able to offer you our full range of services.
Unsolicited Personal Information
- Where we receive unsolicited Personal Information about you, we will check whether that information is reasonably necessary for our functions or activities. If it is, we will handle this information the same way we do with other information we seek from you. If not, we will destroy or de-identify it.
Children and minor’s privacy
- We also ensure that our Website and marketing is not aimed at and does not target children under 13 years of age and will not intentionally collect data from them. If you believe that we might have any information from or about a child under 13, please contact our Privacy Officer at firstname.lastname@example.org
Use and disclosure of your Personal Information
- We are the data controller of the Personal Information we collect from you. We take appropriate measures to ensure that all processing of your Personal Information by us, or by our service providers, is lawful. The lawful basis for the processing of your Personal Information will depend on the purposes for which we process your information.
- Much of the personal information we collect from you is necessary for us to provide our products and services to you. This includes most of the information you provide to us when setting up a membership account.
- Some of the processing we conduct is necessary in pursuit of our legitimate interests in developing our Website and services and ensuring that they deliver relevant and focused content to you.
- Your Personal Information, including your email address, will be used, either on its own or as part of aggregated data, for the following primary purposes:
- providing you with news and information about our services and functions;
- purposes necessary or incidental to the provision of our services and functions;
- to ensure the proper functioning of our Website including customising and improving your online experience with us;
- to ensure the proper functioning of the Briggins business;
- personalising your experience with our products and services, for example through connectivity with social media services;
- to assist us with our marketing, planning, product development and research requirements; and
- sending you marketing and promotional material that we believe you may be interested in and otherwise communicating with you about our products and services.
- We will not use or disclose (or permit the use or disclosure of) Personal Information that could be used to identify an individual member in any circumstances except:
- to ensure the proper functioning of our business and the Website;
- to communicate promotional offers and special events to you;
- where applicable law requires or authorises, us or a company holding data on our behalf to do so; or
- where you have given express consent to us for a prescribed purpose.
- Only with your express consent will we use or disclose Personal Information (including Sensitive Information) about you for the purposes of direct marketing.
- We may disclose your Personal Information to the following third parties for the above purposes:
- services providers engaged to provide services to us; and
- third parties who we consider may offer goods and services you are interested in.
- We may disclose your Personal Information to our related entities, including our international related entities. You can ask us not to do this at any time by contacting our Privacy Officer at email@example.com.
- If we are compelled by law to disclose your Personal Information to a third party, we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so. We will not sell your Personal Information.
Public Personal Information
- Any Personal Information you choose to make publicly available on our Website, for example, by posting comments on any of our pages, will be available to others. If you remove information that you have made public on our Website, other users may have already saved or downloaded that information, and copies may remain viewable in cached and archived pages of our Website.
Security of Personal Information
- In our business, Personal Information may be stored both electronically and in hardcopy form. We are committed to keeping your Personal Information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, your use of the Website is at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a breach of your privacy. In the event that Personal Information is compromised as a breach of security, we will promptly notify those affected in compliance with applicable law.
Note that no information transmitted over the internet can be guaranteed to be completely secure. However, we will endeavour to protect your Personal Information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.
The protective steps we take from misuse, interference, loss, unauthorised access, modification and disclosure of your Personal Information include:
- confidentiality requirements of our employees;
- document storage security policies;
- security measures for access to our systems; and
- only providing access to Personal Information to a person who is verified to be able to receive that information.
- We use an outside platform, and a third-party credit card processing company, to bill you if you purchase services, including but not limited to, the online purchase of a Grace Collective membership. These companies do not retain, share, store or use personally identifiable information for any purposes other than billing.
Access to your Personal Information
- In most cases, you have the right to access the Personal Information that we hold about you. If you wish to access your Personal Information or obtain more information about how we process it, please contact our Privacy Officer at firstname.lastname@example.org.
- We will deal with all requests for access to Personal Information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given.
- We may charge you a fee to recover the reasonable costs incurred by us in retrieving your information, but in no case will we charge you a fee for your application for access. In some cases, we will refuse to give you access to Personal Information we hold about you. This includes, but is not limited to, circumstances where giving you access would be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body.
- We will also refuse access where the Personal Information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature.
- If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.
The right to move, copy, transfer or restrict use of your Personal Information
- You have the right to ask us for a copy of your Personal Information; to correct, delete or restrict (stop any active) processing of your Personal Information; and to obtain the Personal Information you have provided to us in a structured, machine-readable format, and to ask us to share (port) this data to another controller. If you would like to do any of these things, please contact our Privacy Officer at email@example.com. We will deal with these requests in the same manner as described above regarding access to your Personal Information.
The right to correction and removal of your Personal Information
- The accuracy of the Personal Information we have requested from you is important to us. We will take all such steps as are reasonable in the circumstances to ensure that all information requested from you is kept accurate, up to date and complete. However, we cannot undertake to ensure that such data, even where it includes Personal Information, is kept accurate, up to date and complete.
- Should you suspect, or become aware of, that Personal Information we hold about you is inaccurate, out of date, incomplete or misleading, or if you would like your information deleted entirely, please contact our Privacy Officer at firstname.lastname@example.org.
- We will deal with all requests for correction and removal of Personal Information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given. If we refuse to change or delete the Personal Information as you request, we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also provide details of how you may make a complaint about our decision. Further, in case of our refusal, you may request that we take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading.
- Where we have corrected or deleted Personal Information about you, you may request that we take reasonable steps to give notice of the correction to any third party to which we have disclosed the inaccurate, out of date, incomplete or misleading Personal Information.
Retention of your personal information
- If you have a membership with Briggins, or are signed up to receive our communications, we will retain your Personal Information for as long as your account is active, or as needed to provide you with our services. We will also retain and use your Personal Information for as long as someone could bring a claim against us, and as necessary to comply with all other legal obligations and regulatory requirements, to resolve disputes and to enforce our agreements.
- Cross-border disclosure of personal information
- To provide you with the best service possible, we may use ‘cloud’ based technology services to hold your data, including your Personal Information. As a consequence, your data, including your Personal Information (and if you have provided such information, your sensitive Personal Information) may be held in the data centres used by a provider of such ‘cloud’ based technology services.
- It is important to note that, by becoming a Briggins member or by using the Website, you consent to your data, including your Personal Information (and where applicable, your sensitive personal information) being transferred to data centres located outside of Australia. Your decision to become a member or to use the Website also signals your consent to this technical arrangement under which Briggins does not exercise any direct control over the management of your data in those data centres.
Disposal of personal information no longer required
- If we hold personal information about you, and we no longer need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing so by law.
Unsubscribing from our email database
- To unsubscribe from our email database, please do so via any link or function contained in an email, via the Website or send an e-mail to email@example.com with “UNSUBSCRIBE” typed into the subject line of the email. Note that, while you maintain a membership, you are unable to unsubscribe from certain types of e-mails, such as important updates (including information about your account, security concerns and technical issues). Please de-activate your membership if you would like to unsubscribe from that correspondence.
Links to other websites
- If you consider that your complaint has not been adequately dealt with by us, you can make a further complaint to the Office of the Australian Information Commissioner, which has complaint handling responsibilities under the Privacy Act.
- For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website: oaic.gov.au.