Terms of service
Minenssey Au is bound by the Privacy Act 1988 (Cth) (the Privacy Act) and by other applicable laws which govern privacy. Where appropriate, Minenssey Au will rely on the employee exemption and the related bodies corporate exemption contained in the Privacy Act with regard to its handling of personal information.
(The “Website”) is published and maintained by Minenssey, Au, with offices located at Suite 2, Cliff Street Milsons Point Sydney, NSW 2061 Australia
- HOW DOES MINENSSEY AU COLLECT INFORMATION?
In this policy, personal information means 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.
(c) Minenssey Au collects your personal information in order to provide you with products of interest to you and to continually improve your shopping experience on the Website. We collect Customers' personal information in order to provide you with, and bill you for, any products you purchase and administer and maintain your account (as applicable). We also collect your details in order to send you information about our products and services. You may choose not to provide us with certain information, but if you do, so you may not be able to purchase products, or take advantage of the features we offer.
In some cases, Minenssey Au asks Customers directly for information in order for them to open an account, purchase products or use our services, and, in other cases, information is collected from third party sources or automatically as Customers are using the Website. The main types of personal information Minenssey Au collects and the main purposes for which personal information is collected, used, stored and disclosed are set out below.
1.1 Active Collection
Minenssey Au collects certain information either voluntarily or as required in order to register an account with Minenssey Au or use or receive information about certain Minenssey Au services. This type of information includes:
(a) Order form. Contact information, such as name, mailing address, email address and phone number.
(b) Shipping or transaction information, such as billing address and financial information (credit card number and expiration date) if you choose to purchase products offered for sale on the Website. If we have trouble processing an order, the information is used to contact you.
(c) Demographic information such as post code.
(d) Information you enter in forms and optional surveys or contests, such as name and e-mail address.
(e) Information provided in connection with product review forums, discussion groups, bulletin boards, in chat rooms, and in messaging or other interactive services.
(f) Information provided in e-mail requests and communications.
(h) Mobile telephone number. Customers may be visiting our Website from your mobile device. Some features of the Minenssey Au Website may allow for the collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Furthermore, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.
(i) Information from other sources. In order to personalise our service by providing better product recommendations or special offers we may think will interest you, we may receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communicate more easily.
1.2 Passive Collection
Some information is collected automatically while you are using the Website. It is important to note that Minenssey Au must store this information in order to ensure its Customers receive optimal service while using Minenssey Au services. This type of information may include:
(A) LOG FILES
Log file information, such as IP addresses, browser type, domain names, number of page views, login frequency, page or section accesses. Log files are used to track member usage and engagement and to gauge the effectiveness of our different services. We use your IP address and other information to help diagnose problems with our server and to administer the Web site.
Minenssey Au also uses third parties to provide services to you on behalf of Minenssey Au, and in doing so they must set cookies on the site.
For example, we use a third party to provide web analytic services which allow Minenssey Au to track website usage statistics and checkout information. Your use of the site is not affected if you reject this cookie.
COOKIES ARE USED TO:
(i) Store session state information
(ii) Authenticate Customers
(iii) Help customise content delivery
(iv) Provide context-sensitive help
(v) Protect Website security and login time-outs
MANAGING COOKIES USING YOUR WEB BROWSER
You can control how your browser handles cookies received from websites. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain websites that you designate. By refusing to accept cookies from Minenssey, you may not be able to use some of the features and functionality available on the Website.
For managing cookies, the configuration of each browser is different. Configuration is described in the help menu of your browser. For example, in Microsoft Internet Explorer 6.0 and above, you may block cookies by taking the following steps:
- Go to "Tools", then "Internet Options".
- Click on the "Privacy" tab.
- Use the cursor to select the level you require.
2. HOW DOES MINENSSEY AU USE THE INFORMATION COLLECTED?
Minenssey Au endeavours to strictly adhere to federal, state and local laws including the Privacy Act regarding the preservation and archiving of information collected.
(a) To contact you about our products and services or about your use of our Website. For example, Customers will receive a welcome e-mail, e-mail newsletters, and customised content, and they may receive updates when Minenssey Au has new product features or enhancements or other news to relay to our Customers.
(b) For marketing and promotional purposes.
(c) To respond to your comments or requests or to request feedback regarding our products or services.
(d) For billing purposes, to facilitate transactions and to fill Customer orders in connection with purchases of products offered by Minenssey Au.
(e) For the specific purpose for which the information was provided.
(f) To improve the products and services we offer.
(g) As you otherwise direct or authorise.
3. HOW DOES MINENNSEY AU SHARE INFORMATION WITH THIRD PARTIES?
Information about our customers is an important part of our business. Minenssey Au discloses information you provide to us in connection with the purposes described above as follows:
(a) Third party intermediaries. We will share your information with independent contractors, service providers and consultants who assist us in our business or in providing Customers with goods or services. Such service providers may include, without limitation, product suppliers in order to fulfil orders, credit card processing and shipping companies. However we will only share such personally identifiable information, as we deem necessary for them to carry out their obligations to Minenssey Au. Third parties are required to only use and/or disclose your personally identifiable information for the purpose for which Minenssey Au disclosed the information to them, and no other purpose.
(b) We also share aggregated demographic information with independent contractors, service providers, consultants, advertisers and other partners.
(c) Minenssey Au investors receive reports on number of Customers, items purchased, page views, logins, etc. They do not receive any personally identifiable information.
(d) If you share individually identifiable health information in our product review forums, discussion groups, or through other interactive features, it is not shared with third parties by Minenssey Au. However, information you may share in a public forum is considered public information if you choose to share it.
(e) Our personnel, including our employees to the extent that they need to access that personal information in connection with their duties. For more information, see section 5 below.
(f) Business transitions. In the event that Minenssey Au Australia Pty Ltd goes through a business transition, such as a merger, being acquired by another company or selling a portion of its assets, Customers' personal information generally is one of the transferred business assets. For more information, see section 11 below.
(g) Minenssey Au will also disclose personal information it has collected if necessary to fulfil our service obligations or if we are required to do so by law. We will also disclose personal information if, in our good faith judgement, such action is reasonably necessary to comply with a current judicial proceeding, a court order or legal process served on our Website, to respond to any claims, or to protect the right of Minenssey Au and its Customers and the public.
(h) Information with your consent. Other than as described above, you will receive notice when information about you may go to third parties, and you will have an opportunity to choose not to share the information.
(i) To related bodies corporate.
4. HOW DOES MINENSSEY AU COMMUNICATE WITH CUSTOMERS?
Minenssey Au would like to communicate with its Customers when we have new products or services we feel are of special interest to you. When you register an account with Minenssey Au, purchase products from Minenssey Au or otherwise request to receive information about our products and services you will receive the following types of communications:
(a) Special Offers and Updates. Customers and those that sign up to receive marketing information will receive information on products, services and special deals or coupons. Out of respect for the privacy of our Customers, you have the option to not receive these types of communications.
(b) Customer Service. We communicate with Customers to provide requested services and in regard to issues relating to their account, and we reply via email or phone, in accordance with the Customer's wishes.
4. HOW MINENSSEY PROTECTS CUSTOMERS PERSONAL INFORMATION
While Minenssey Au will take reasonable precautions to protect the security and integrity of Personal Information provided to this Website, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No security measures are perfect or impenetrable. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different websites, and using up to date antivirus software. We maintain various physical, electronic and procedural safeguards to protect your personal information. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorised with special access rights to such systems, and are required to keep the information confidential.
If you contact us by email or a “contact us” or similar feature on our Website, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
5. MINENSSEY AND CHILDREN’S PRIVACY
If you are under thirteen years of age, you may browse our site. However, you may not provide personal information to us and you may not download any of our mobile applications. This site is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the site, we will delete the information from our records.
7. CONTACT US
If you have any questions or comments regarding our privacy practices, you may contact us at firstname.lastname@example.org. Or you may write to: Suite 2, 20 Cliff Street Milsons Point Sydney NSW 2061 Australia
Copyright © Minenssey Au Ltd 2017-2018 all worldwide rights reserved
LIMITATION OF LIABILITY
Notwithstanding any other provision in the Terms, nothing in these Terms affect or limit your rights as a consumer under Australian law; or will exclude or limit our liability for death or personal injury resulting from our negligence.
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
The Content presented on the Minenssey Website is intended for educational or informational purposes only. Such information is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information available on or received from this Website. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. In addition, the statements made about products have not been evaluated by the AU Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. Please consult with your own doctor or health care practitioner regarding the use of any goods, products or information received from this Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. You should always check the ingredients for products to avoid potential allergic reactions as Minenssey Au may change ingredients from time to time. Minenssey Au does not give or intend to give any answers to medical-related questions and this Website does not replace any medical professional or medical resource. Minenssey Au does not represent itself as a doctor nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website.
We cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, ingredients or other information or content on the Website.
INTELLECTUAL PROPERTY AND TRADEMARKS
Minenssey and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organisation of the Content on the Website, including but not limited to any copyrights, Trademarks, patent rights and other intellectual property and proprietary rights therein.
The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Minenssey, and others and may not be used unless authorised by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.
PROTECTING YOUR SECURITY
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website: any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
THIRD PARTY LINKS
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. Unless you are a registered wholesaler for Minenssey, you are limited to a purchase of 5 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods. If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.
ELIGIBILITY TO PURCHASE
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under Australian law you must:
If you are an individual, 18 years of age or over; and complete the transaction using your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services, you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
If you submit a customer review to Minenssey Au, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Minenssey.com.au and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Minenssey.com.au, including the execution of deeds and documents, at the request of Minenssey.com.au.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Minenssey.com.au.
GIFT WITH PRODUCTS PROMOTIONS
Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value.
In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to 'purchase' the free gift without purchasing the product it is provided free with and any attempt to 'purchase' the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In
the unlikely event that the free gift is dispatched to you, you shall be obliged to return the free gift upon written request.
PROHIBITED CUSTOMER ACTIVITY
You shall not:
- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; or
- obtain or attempt to obtain unauthorised access to computer systems, materials, information or any services made available on or through the Website through any means; or
- use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; or
- use the Website or the Website’s services or features in violation of Minenssey Au’s or any third party’s intellectual property or other proprietary or legal rights; or
- use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content, or make unauthorised use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
YOU REPRESENT AND WARRANT THAT
(a) you are at least 13 years old; and
(b) all User Contributions posted by you is original to you and that you are the sole author of such User Contributions; and
(c) no User Contribution infringes upon, violates or misappropriates a third party's intellectual property rights; and
(d) no User Contribution will be obscene, libellous, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful; and
(e) no other party has any rights to such User Contribution, and
(f) any "moral rights" in your User Contribution have been waived; and
(g) the User Contribution is not false, inaccurate or misleading in any manner; and
(h) you are not being compensated in any manner for your User Contributions from any third party. You may not use our interactive services or any User Contribution to impersonate any person or entity, including, without limitation, any Minenssey employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe your work or content has been copied and posted to the Website in a way that constitutes copyright infringement, please provide Minenssey's designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA").