Collection of Personal Information
We collect personal information when you:
make contact via the phone, in person, email or via forms submitted on our Website / App and you provide us your details;
purchase or subscribe to our products or services;
subscribe to our mailing list;
enter our competitions or promotions; or
make contact with us for employment/contractor reasons.
download our App
We collect personal information to:
improve our products and services;
provide our product or service to you;
communicate with you;
offer you promotional product or market our product that you are interested in;
keep our customer database;
to investigate any complaints that you make;
to investigate whether you are in breach of our terms and conditions;
verify your identity;
to notify you of vacant positions if you applied for jobs at our Business;
comply with the law or to use your information as permitted under the law; and
use your information for purposes that are related to the above.
We collect and hold following types of personal information:
your contact details that may include your name, business name, position title, postal address, email address, fax number and phone number; and
optional personal information that you consent to provide.
We will only collect your personal information using fair and lawful means.
In the event of credit card dealings, we do not store credit card details as we use payment gateways and/or third party processor.
If we receive unsolicited personal information, we may destroy it or ensure that it is de-identified if it is lawful and reasonable to do so.
Anonymity and Pseudonymity
You may interact anonymously or by using a pseudonym with us and you may refuse to give your details.
You must provide your personal information when you:
purchase goods that require delivery;
register for membership;
sign up for mailing list;
lodge a complaint; and
are required to provide personal information under the law.
Disclosure of Personal Information
We only disclose your personal information for purposes that are reasonably related to our Business.
We will not disclose your personal information to third parties for payment, profit or advantage.
We may disclose your personal information to third parties, from time to time, to assist us in conducting our Business, including:
technology service providers including internet service providers or cloud service providers;
couriers such as Australia Post;
data processors that analyse our Website / App traffic or usage for us;
agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
our related bodies corporate; and
to persons, entities or courts as required under the law.
We may disclose your personal information to third parties:
to provide the service you wish to use;
to improve our Business, services, products and Website/App;
to customise and promote our services which may be of interest to you;
to comply with or as permitted under the law; or
with your consent.
You understand the personal information provided to us may be held offshore by entities that assist us to carry on the Business. By providing such information, you consent to the disclosure of such information.
We may, from time to time, use ‘cookies’ which are small data files placed on your machine or device to store information.
session cookies that allow you to remain logged in and keep track of your activities until the browser / App shuts down; and
persistent cookies that help us monitor our services by recording your browser activities and they do not expire upon browser shut down.
improve the performance by reporting any errors that occur;
provide statistics about how the Website / App is used;
remember settings that you used on our Website / App;
identify that you are logged into the Website / App;
link to social networks like Facebook and Twitter; and
provide ads that are tailored to you.
Please note that although cookies do not generally store personal information, they may contain your IP address. However you are effectively anonymous to us because the data are collected in aggregate.
Credit card transactions will be implemented under industry standard Secure Sockets Layer (SSL) protocol with 128-bit encryption.
Credit card transactions will be processed via a third party (e.g. PayPal) and/or payment gateway (e.g. eWay) that may change from time to time so that:
payments are processed in real time; and
we do not have access to your credit card numbers.
Direct Marketing to You
We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth).
We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we:
use the information that you reasonably expected us to use for promoting and marketing our Business to you; and
provide you a simple method to opt-out.
Accessing and Correcting Your Personal Information
Accessing Your Personal Information
You may request access to your personal information that we hold and we will:
verify your identity;
reasonably charge you to cover the cost of meeting your request, if any, but not for the request itself; and
within a reasonable period of time, comply with your request.
We may refuse to allow you to access your personal information if we are not required to do so under the Australian Privacy Principles.
Correcting Your Information
You may request to correct your personal information that we hold and we will update your personal information so that it is up-to-date, accurate, complete, relevant and not misleading.
How to Contact Us
If you would like to access or correct your personal information, please contact us by:
You accept the Platform Terms and Conditions in full by using the Platform.
You must not use the Platform if you do not accept the Platform Terms and Conditions.
We grant you a non-exclusive, non-transferable, revocable, limited licence to:
view and use information accessible from the Platform; and
purchase goods or services from the Platform, if relevant.
You must not:
cause damage or interfere with accessibility to the Platform;
use it in connection with illegal, fraudulent or harmful purposes or activities;
store, transmit or distribute Malicious Computer Program; or
conduct any systematic or automated data collection activities.
Intellectual Property Rights
We own or are licensed to use all intellectual property in the Platform.
You may only view and download Content on the Platform for caching purposes and print a single copy of Content for personal use.
You must not:
reproduce or exploit any Content on this Platform for commercial purpose;
edit or otherwise modify any Content on the Platform; or
redistribute any Content from this Platform unless we expressly permitted redistribution.
You may upload Post on the Platform subject to this clause.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide licence to use any Intellectual Property in Post, including rights to:
copy, reformat, edit or translate;
publicly perform or present;
distribute for any purpose including for commercial or advertising purpose; and
incorporate in our Platform or any other works.
The Intellectual Property licence in relation to that material ends when you delete that Post but you understand that even if you delete Post, we may still keep back-ups for a reasonable period of time.
You must not upload any Post that:
is unlawful or promotes illegal behaviour;
is harmful, threatening, abusive or harassing;
incites violence or is graphical of violence;
is pornographic or exploits people in a sexual manner;
is defamatory or libellous;
relates to gambling;
relates to alcohol;
promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour;
is false, misleading or fraudulent;
consists of Malicious Computer Program;
impersonates any person or entity or falsely misrepresent your affiliation with a person or entity;
violates or encourages violation of these terms and conditions;
infringes or violates another’s rights including copyrights or intellectual property rights;
invades another’s privacy;
includes photograph or image of another person or another person’s property without their consent;
reveals anyone’s identification documents or sensitive financial information;
is posted to disrupt the operation of the Platform and its related services; and
advertises any company or their goods or services other than us.
Your Warranty in Post
By uploading Posts on our Platform, you warrant that:
you have the right and authority to provide the Post in the manner it is posted;
you own the Post and have the right to assign copyright ownership and other Intellectual Property to us; and
the Content is not prohibited content under clause 4.4.
Monitoring of Platform
We have not reviewed and cannot review all Posts and we are not responsible for liability arising out of your Post.
We may, at our sole discretion, pre-screen, reject or remove any Post you provide for any reason.
Third Party Websites and Materials
In this clause:
Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website.
Third Party Website means a website operated by a third party.
We do not verify, endorse or approve Third Party Material.
We provide no warranty or representation about Third Party Material:
regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
as to whether they infringe any intellectual property rights.
We are not responsible for:
any offers, statements or representations that are made on behalf of a Third Party Website; or
Malicious Computer Program from Third Party Websites.
We may receive payments from a Third Party Website in relation to goods or services supplied by them as a result of you linking to the Third Party Website from our Website.
The Platform is provided ‘as is’ and we do not provide any express or implied representation or warranty and disclaims all responsibility as to:
the availability of the Platform and its associated services at the time you wish to use it;
merchantability, fitness for a particular purpose and non-infringement;
accuracy or validity of information and Content on the Platform; and
whether Content is free from Malicious Computer Program.
No Content on the Platform constitutes advice of any kind and you should consult with an appropriate professional for professional advice.
Limitation of Liability
In this clause, a Covered Party means:
us, our affiliates, and any officer, director, employee, sub-contractor, agent or successor; and
each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent or successor.
To the maximum extent permitted by law, a covered party is not liable for liability arising out of or related to:
content provided to you free-of-charge;
inaccuracy, errors or omissions with content;
unavailability or interruption of usage of the Platform and its services;
any delay or failure in performance beyond the reasonable control of a covered party; and
loss of data.
To the fullest extent permitted under the law, a covered party is not responsible for any indirect, special or consequential liability to a user (including legal fees) arising out of or from content or use of the Platform.
Exclusion of liability in clause 7.2 applies even if you expressly advise a covered party of the potential loss.
To the extent we cannot exclude liability and to the fullest extent permitted under the law, a covered party’s aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
in case of goods, any one or more of the following:
replacement of the goods or supply of equivalent goods;
repair of the goods;
payment of costs of replacing the goods or acquiring equivalent goods; or
payment of costs of repairing goods; and
in case of services
supply of the services again; or
payment of the cost of supplying the services again.
in case of any other damages, $100.00.
Nothing in this agreement will exclude or limit our liability in respect of any:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation on the part of us; or
matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You agree to indemnify us and undertake to keep us indemnified against any Liability (including legal fees) arising out of:
your breach of these terms and conditions; and
any Claim that you have breached these terms and conditions.
Breach of Terms and Conditions
If you breach any of these terms and conditions we may take appropriate actions including but not limited to:
issuing a warning notice;
suspending your access to the Platform;
prohibiting your access to the Platform; or
bringing court proceedings against you.
Platform Terms and Conditions terminate automatically if we cease to operate the Platform.
This Platform is directed at individuals or entities that reside in Australia and/or New Zealand only.
We make no representation that Content are appropriate or available for use in other locations and jurisdictions.
This Agreement is governed by the laws of the Australian Capital Territory.
The Parties submit to the exclusive jurisdiction of the courts of the Jurisdiction.
No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
We may make changes to the Platform at any time without notice.
The following words have these meanings unless the contrary intention appears:
Agreement means the Platform Terms and Conditions as amended from time to time.
App means the ‘ANCAP Safety’ application and any other Business application created from time to time.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business means ANCAP Australasia Limited ACN 120 448 044.
Claim means any claim, suit, action, demand, or right.
Content means any material on the Platform as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.
Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
Party means a party to this terms and conditions.
Parties mean all parties to this terms and conditions.
Platform means the Website, App, Facebook, Twitter, YouTube, Instagram and any other social media platform the Business engages in from time to time.
Platform Terms and Conditions means the terms and conditions set out in this document.
Post includes comments, images, photos, writings or any other material that you upload on our Platform.