Disclosure

Earthly Delight Permaculture – WEBSITE TERMS OF USE

This website (Site) is operated by Earthly Delight Permaculture ABN 74 265 127 109 (we, our or us). It is available at: www.earthlydelight.com.au and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  • anything that would constitute a breach of an individuals privacy (including uploading private or personal information without an individual’s consent) or any other legal rights
  • using our Site to defame, harass, threaten, menace or offend any person
  • interfering with any user using our Site
  • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
  • using our Site to send unsolicited email messages
  • facilitating or assisting a third party to do any of the above acts

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  • copy or use, in whole or in part, any Content
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party
  • breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms)
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  • they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
  • access will be uninterrupted, error-free or free from viruses
  • our Site will be secure

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Earthly Delight Permaculture ABN 74 265 127 109

Email: aeonfflux@gmail.com

Last update: 31 January 2019

Please view our GDPR Disclosure Policy & Website Terms of Use:

 

PRIVACY POLICY
Earthly Delight Permaculture
1. We respect your privacy
1.1. Earthly Delight Permaculture respects your right to privacy and is committed to
safeguarding the privacy of our customers and website visitors. This policy sets
out how we collect and treat your personal information.
1.2. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988
(Cth) and to the extent applicable, the EU General Data Protection Regulation
(GDPR).
1.3. “Personal information” is information we hold which is identifiable as being about
you. This includes information such as your name, email address, identification
number, or any other type of information that can reasonably identify an
individual, either directly or indirectly.
1.4. You may contact us in writing at 3642 Remembrance Drive, Bargo, New South
Wales, 2574 for further information about this Privacy Policy.
2. What personal information is collected
2.1. Earthly Delight Permaculture will, from time to time, receive and store personal
information you submit to our website, provided to us directly or given to us in
other forms.
2.2. You may provide basic information such as your name, phone number, address
and email address to enable us to send you information, provide updates and
process your product or service order.
2.3. We may collect additional information at other times, including but not limited to,
when you provide feedback, when you provide information about your personal
or business affairs, change your content or email preference, respond to surveys
and/or promotions, provide financial or credit card information, or communicate
with our customer support.
2.4. Additionally, we may also collect any other information you provide while
interacting with us.
3. How we collect your personal information
3.1. Earthly Delight Permaculture collects personal information from you in a variety
of ways, including when you interact with us electronically or in person, when you
access our website and when we engage in business activities with you. We may
receive personal information from third parties. If we do, we will protect it as set
out in this Privacy Policy.
3.2. By providing us with personal information, you consent to the supply of that
information subject to the terms of this Privacy Policy.
4. How we use your personal information
4.1. Earthly Delight Permaculture may use personal information collected from you to
If you withhold your personal information, it may not be possible for us to provide you
with our products and services or for you to fully access our website.
provide you with information about our products or services. We may also make
you aware of new and additional products, services and opportunities available
to you.
4.2. Earthly Delight Permaculture will use personal information only for the purposes
that you consent to. This may include to:
(a) provide you with products and services during the usual course of our business
activities;
(b) administer our business activities;
(c) manage, research and develop our products and services;
(d) provide you with information about our products and services;
(e) communicate with you by a variety of measures including, but not limited to, by
telephone, email, sms or mail; and
(f) investigate any complaints.
4.3. We may disclose your personal information to comply with a legal requirement,
such as a law, regulation, court order, subpoena, warrant, legal proceedings or
in response to a law enforcement agency request.
4.4. If there is a change of control in our business or a sale or transfer of business
assets, we reserve the right to transfer to the extent permissible at law our user
databases, together with any personal information and non-personal information
contained in those databases.
5. Disclosure of your personal information
5.1. Earthly Delight Permaculture may disclose your personal information to any of
our employees, officers, insurers, professional advisers, agents, suppliers or
subcontractors insofar as reasonably necessary for the purposes set out in this
privacy policy.
5.2. If we do disclose your personal information to a third party, we will protect it in
accordance with this privacy policy.
6. General Data Protection Regulation (GDPR) for the European Union (EU)
6.1. Earthly Delight Permaculture will comply with the principles of data protection set
out in the GDPR for the purpose of fairness, transparency and lawful data
collection and use.
6.2. We process your personal information as a Processor and/or to the extent that
we are a Controller as defined in the GDPR.
6.3. We must establish a lawful basis for processing your personal information. The
legal basis for which we collect your personal information depends on the data
that we collect and how we use it.
6.4. We will only collect your personal information with your express consent for a
specific purpose and any data collected will be to the extent necessary and not
excessive for its purpose. We will keep your data safe and secure.
6.5. We will also process your personal information if it is necessary for our legitimate
interests, or to fulfil a contractual or legal obligation.
6.6. We process your personal information if it is necessary to protect your life or in a
medical situation, it is necessary to carry out a public function, a task of public
interest or if the function has a clear basis in law.
6.7. We do not collect or process any personal information from you that is
considered “Sensitive Personal Information” under the GDPR, such as personal
information relating to your sexual orientation or ethnic origin unless we have
obtained your explicit consent, or if it is being collected subject to and in
accordance with the GDPR.
6.8. You must not provide us with your personal information if you are under the age
of 16 without the consent of your parent or someone who has parental authority
for you. We do not knowingly collect or process the personal information of
children.
7. Your rights under the GDPR
7.1. If you are an individual residing in the EU, you have certain rights as to how your
personal information is obtained and used. Earthly Delight Permaculture
complies with your rights under the GDPR as to how your personal information is
used and controlled if you are an individual residing in the EU
7.2. Except as otherwise provided in the GDPR, you have the following rights:
(a) to be informed how your personal information is being used;
(b) access your personal information (we will provide you with a free copy of it);
(c) to correct your personal information if it is inaccurate or incomplete;
(d) to delete your personal information (also known as “the right to be forgotten”);
(e) to restrict processing of your personal information;
(f) to retain and reuse your personal information for your own purposes;
(g) to object to your personal information being used; and
(h) to object against automated decision making and profiling.
7.3. Please contact us at any time to exercise your rights under the GDPR at the
contact details in this Privacy Policy.
7.4. We may ask you to verify your identity before acting on any of your requests.
8. Hosting and International Data Transfers
8.1. Information that we collect may from time to time be stored, processed in or
transferred between parties or sites located in countries outside of Australia.
These may include, but are not limited to Australia.
8.2. We and our other group companies have offices and/or facilities in Australia.
Transfers to each of these countries will be protected by appropriate safeguards,
these include one or more of the following: the use of standard data protection
clauses adopted or approved by the European Commission which you can
obtain from the European Commission Website; the use of binding corporate
rules, a copy of which you can obtain from Earthly Delight Permaculture’s Data
Protection Officer.
8.3. The hosting facilities for our website are situated in Australia. Transfers to each
of these Countries will be protected by appropriate safeguards, these include
one or more of the following: the use of standard data protection clauses
adopted or approved by the European Commission which you can obtain from
the European Commission Website; the use of binding corporate rules, a copy of
which you can obtain from Earthly Delight Permaculture’s Data Protection
Officer.
8.4. Our Suppliers and Contractors are situated in Australia. Transfers to each of
these Countries will be protected by appropriate safeguards, these include one
or more of the following: the use of standard data protection clauses adopted or
approved by the European Commission which you can obtain from the European
Commission Website; the use of binding corporate rules, a copy of which you
can obtain from Earthly Delight Permaculture’s Data Protection Officer.
8.5. You acknowledge that personal data that you submit for publication through our
website or services may be available, via the internet, around the world. We
cannot prevent the use (or misuse) of such personal data by others.
9. Security of your personal information
9.1. Earthly Delight Permaculture is committed to ensuring that the information you
provide to us is secure. In order to prevent unauthorised access or disclosure,
we have put in place suitable physical, electronic and managerial procedures to
safeguard and secure information and protect it from misuse, interference, loss
and unauthorised access, modification and disclosure.
9.2. Where we employ data processors to process personal information on our
behalf, we only do so on the basis that such data processors comply with the
requirements under the GDPR and that have adequate technical measures in
place to protect personal information against unauthorised use, loss and theft.
9.3. The transmission and exchange of information is carried out at your own risk.
We cannot guarantee the security of any information that you transmit to us, or
receive from us. Although we take measures to safeguard against unauthorised
disclosures of information, we cannot assure you that personal information that
we collect will not be disclosed in a manner that is inconsistent with this Privacy
Policy.
10. Access to your personal information
10.1. You may request details of personal information that we hold about you in
accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent
applicable the EU GDPR. If you would like a copy of the information which we
hold about you or believe that any information we hold on you is inaccurate, out
of date, incomplete, irrelevant or misleading, please email us at
aeonfflux@gmail.com.
10.2. We reserve the right to refuse to provide you with information that we hold about
you, in certain circumstances set out in the Privacy Act or any other applicable
law.
11. Complaints about privacy
11.1. If you have any complaints about our privacy practices, please feel free to send
in details of your complaints to aeonfflux@gmail.com. We take complaints very
18th March 2019
seriously and will respond shortly after receiving written notice of your complaint.
12. Changes to Privacy Policy
12.1. Please be aware that we may change this Privacy Policy in the future. We may
modify this Policy at any time, in our sole discretion and all modifications will be
effective immediately upon our posting of the modifications on our website or
notice board. Please check back from time to time to review our Privacy Policy.
13. Website
13.1. When you visit our website
When you come to our website (www.earthlydelight.com.au), we may collect
certain information such as browser type, operating system, website visited
immediately before coming to our site, etc. This information is used in an
aggregated manner to analyse how people use our site, such that we can
improve our service.
13.2. Cookies
We may from time to time use cookies on our website. Cookies are very small
files which a website uses to identify you when you come back to the site and to
store details about your use of the site. Cookies are not malicious programs that
access or damage your computer. Most web browsers automatically accept
cookies but you can choose to reject cookies by changing your browser settings.
However, this may prevent you from taking full advantage of our website. Our
website may from time to time use cookies to analyses website traffic and help
us provide a better website visitor experience. In addition, cookies may be used
to serve relevant ads to website visitors through third party services such as
Google AdWords. These ads may appear on this website or other websites you
visit.
13.3. Third party sites
Our site may from time to time have links to other websites not owned or
controlled by us. These links are meant for your convenience only. Links to third
party websites do not constitute sponsorship or endorsement or approval of
these websites. Please be aware that Earthly Delight Permaculture is not
responsible for the privacy practises of other such websites. We encourage our
users to be aware, when they leave our website, to read the privacy statements
of each and every website that collects personal identifiable information.

Please view our Amazon Disclosure Policy

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

18 March 20019