TERMS AND CONDITIONS
 

Doughnut Time Pty Ltd (“Doughnut Time”) may amend or update these Terms and Conditions from time to time, with or without notice.

 

The material on this internet site is made available for the purpose of providing access to current information and is not provided as professional advice. Before relying on the material, users should obtain appropriate professional advice relevant to their particular circumstances to evaluate its accuracy, currency, completeness and relevance for their purposes.

 

Some material on this internet site may include or summarise views, standards or recommendations of third parties. The inclusion of such material is not an endorsement by us of that material and not an indication of our commitment to any particular course of action.

Information related to your visit to this site or any information you otherwise supply to us by submitting information via any form provided on this site is governed by the terms of our Privacy Statement.
 

Links provided to other internet sites are provided for the user’s convenience and do not constitute endorsement of the information accessible at those sites. We accept no responsibility for material contained in any site that is linked to (or from) this internet site.

 

The online ordering portal and any ordering applications are administered by one or more third party providers. Doughnut Time is committed to ensuring the privacy of all users' (Users) information.

 

USE OF THE ORDERING PLATFORM

 

If the website is used (including for online ordering), you are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities on our website and online ordering.

 

The Doughnut Time online ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. Doughnut Time reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.

 

In making the Doughnut Time online ordering system (website and applications) available for use, Doughnut Time uses third party systems to attempt to make products or services available to you at the location selected by you or as determined based on proximity to your location or delivery address). Doughnut Time makes no specific warranties or representations regarding the goods and services to be provided (including availability or delivery).

 

Doughnut Time does not guarantee that the website or online ordering system will be free from viruses or other harmful components and you agree to hold harmless Doughnut Time from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering and reserves the right to alter the agreed price if an incorrect price is caused by a software fault, error or malicious attack.

 

In using Doughnut Time online ordering system (whether via the website or an application) you acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices and acknowledge that, unless expressly required by law, you have no claim, recourse or action against Doughnut Time whatsoever and indemnify Doughnut Time from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.

 

INDEMNITY

 

You agree to defend, indemnify and hold harmless Doughnut Time and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with (i) your use of and access to the website (including any online ordering and applications) (ii) your violation of any term of these Terms and Conditions of Use and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right (iv) any claim that one of your User Submissions caused damage to a third party and (v) use of the User Submissions by Doughnut Time.

 

ABILITY TO ACCEPT TERMS and CONDITIONS OF USE

 

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.

 

PRIVACY POLICY

 

This Privacy Policy applies to all personal information submitted by Users on the Doughnut Time ordering platform (the Website) or emailed to Doughnut Time, and any information that may be automatically retrieved through the services that Doughnut Time offers on the Website (Services).

 

- By accessing the Website and/or using the Services, all Users consent to the collection, use, disclosure, storage and processing of their information in accordance with this Privacy Policy.

- Doughnut Time may amend or update this Privacy Policy from time to time, with or without notice to Users. All Users agree to be bound by the Privacy Policy that is in effect at the time they access the Website and/or use the Services.

- In order to use the Services, all Users will need to submit certain personal information such as their email address, name, address, telephone number, gender and date of birth. Users may be asked to submit further information from time to time.

- The personal information that Users provide will only be used in connection with the Services offered by Doughnut Time, to communicate with Users in relation to the Services or to co-operate with any government, industry or regulatory authorities. Doughnut Time reserves the right to use data (on an anonymous basis) in relation to Users' use of the Services for marketing purposes.

- Unless expressly authorised to do so by the relevant User, Doughnut Time will not disclose any User's personal information to any third party except where the disclosure relates to the purposes for which the information was collected.

- Users may request at any time to see the personal information that Doughnut Time holds on its behalf or to correct or update any personal information (to the extent that Users are unable to do so on the Website).

- Doughnut Time will securely store Users' personal information in Australia or in any other country, which Doughnut Time may from time to time offer its Services. Users' personal information may therefore be transferred outside of Australia.

- Doughnut Time may hold Users personal information both before and after the cancellation of each User's account, but only for as long as Australia is lawfully entitled to do so.

USE OF THE LOYALTY PLATFORM

The provider of the Doughnut Time loyalty platform is Loke Digital Pty Ltd (“Tidy”) and Aston Club Pty Ltd (“Aston Club”) and the following terms apply.

 

Tidy – Terms Of Use

LOKE Digital Pty Ltd ABN 51 167 259 341 (“Tidy”) collects personal information from you in the course of providing you with access to the Tidy application. Our privacy policy provides further information about the purposes for which information is collected and you can gain access to the information we hold about you.

Definitions and Interpretations

Unless otherwise provided, in these terms and conditions:|

‘Intellectual Property Rights’ or ‘IPR’ means all intellectual property rights, including but not limited to, the following rights:
- patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
- any application or right to apply for registration of any of the rights referred to in paragraph (X); and
- all rights of a similar nature to any of the rights in paragraphs (X) and (Y) which may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.
- Personal Information’ has the meaning given by the Privacy Act 1988.
-‘Personnel’ means the officers, employees, contractors (including subcontractors and their employees) and agents of Tidy.
- ‘Third Party Service’ means any third party software, application or website which the Tidy Application directly or indirectly interacts with.
- ‘User’ means any person who accesses the Tidy Application.
- ‘Merchant’ means any entity that advertises, promotes and offers its goods and services via the Tidy Application.

Tidy

LOKE Digital Pty Ltd ABN 51 167 259 341 (“Tidy”) own and operate the Tidy Application.

By clicking “I Agree” and/or by accessing and/or using the Tidy Application (whichever is first), the User will be bound by these terms and conditions as they appear as part of the Tidy Application from time to time.

Tidy reserves the right to amend the Tidy Application (including any of its functionality) and these terms and conditions at any time (including as a result of amendments made by a relevant Third Party Service to its functionality or terms and conditions of use). Any amendments made to these terms and conditions will be effective immediately on them being made available on the Tidy website [www.Tidy.com] and/or via the Tidy Application.

The Tidy Application is only available to Users located in Australia.

Registration

The User acknowledges and agrees that:

it can use some aspects of the Tidy Application without registration with Tidy; but
to use all functionality of the Tidy Application it must register and provide all information required by Tidy during the registration process (User Information) to Tidy via the Tidy Application or a nominated website.

By registering and providing the User Information, the User warrants that:
it will provide up-to-date, current and accurate information and will continually update all User Information as required;
it will keep the registration details, including username(s) and password(s), secure and confidential; and
the User Information is not misleading, false, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party.

Intellectual Property Rights

Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in the location from which the User has access to the Tidy Application, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the Tidy Application (or the Tidy Application itself) in any form (including by e-mail or other electronic means), without Tidy’s prior written consent.

All trade marks, copyright and other Intellectual Property Rights in the Tidy Application and the information material contained on the Tidy Application is owned by or licensed to Tidy.

Privacy

Tidy will store and handle all Personal Information provided by the User in accordance with the requirements of the Privacy Act 1988 (Cth) and the terms of Tidy’s Privacy Policy, a copy of which is available here [Insert link].

Tidy (including its authorised third party contractors) may use any data and information (including Personal Information) that has been submitted by the User for the purpose of registering with or otherwise using the Tidy Application to provide the User with the Tidy Application, and for other purposes including to:
- customise any promotional or advertising material made available via the Tidy Application;
- contact the User with information regarding the Tidy Application; and
- monitor the User’s use of the Tidy Application.

The Tidy Application may log (and Tidy may have access to) information about any mobile device or computer used to access the Tidy Application (including the User’s IP address, operating system and browser type) and the date and time of access.

Tidy can not guarantee the security of any data transmitted via the Tidy Application. Any information submitted by the User using the Tidy Application is done so at the User’s own risk.

Disclaimer

Tidy is not the supplier of any of the goods and services advertised through the Tidy Application. Tidy does not moderate interaction between Merchants and Users.

The Merchant(s) is entirely responsible for all goods and services advertised via the Tidy Application. All disputes relating to any advertised goods and services must be directed to the Merchant.

Representations about goods and services are based on information and material provided to Tidy by the relevant Merchant. For the avoidance of doubt, the User acknowledges that Tidy takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including Merchants, on the Tidy Application.

Any dispute between the User and the Merchant must be resolved by the User and the Merchant. Tidy is under no obligation to resolve or assist the User in resolving a dispute with a Merchant.

Liability and indemnities

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these terms and conditions. Where legislation implies any condition or warranty, and that legislation prohibits Tidy from excluding or modifying application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but Tidy’s liability will be limited for a breach of that condition or warranty to the minimum remedy provided for in that law. If a supply by Tidy under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits Tidy to limit its liability, then Tidy’s liability shall be limited to:
- in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired; and
- in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again.

The User acknowledges, that to the extent permitted by law, Tidy does not accept liability for any errors, omissions, expenses, losses or damages caused by:
- the User’s access to and/or use of the Tidy Application;
- representations made by a Merchant(s) via the Tidy Application (including where inaccurate information or material has been provided);
- the User’s dealings with a Merchant(s) arising from use of the Tidy Application; and/or
- any failure in the networks or servers used to provide the Tidy Application.

As a condition of the User’s use of the Tidy Application, the User agrees to indemnify and keep indemnified Tidy and all of its Personnel against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against Tidy or its Personnel) that Tidy or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
- any breach of these terms and conditions by the User;
- the User’s access to and/or use of the Tidy Application; and
- any loss of, or damage to, any property, or injury to, or death of, any person caused by the User’s access to and/or use of the Tidy Application.

Termination of access
Tidy may terminate the User’s access to the Tidy Application at any time and for any reason including, but not limited to, a breach of these terms and conditions.

1. General

By accessing this site, the User acknowledges and agrees that any disputes in relation to the Tidy Application are to be determined by the courts of South Australia, in accordance with the laws of Victoria, Australia.

Tidy accepts no liability for any failure or delay in complying with these terms and conditions where such failure or delay is due to circumstances beyond Tidy’s reasonable control.

If Tidy waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by Tidy or its authorised representative.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in force.

Tidy - Privacy Policy

LOKE Digital Pty Ltd ABN 51 167 259 341 (“Tidy”) collects personal information about you when you register to use and/or use the Tidy application or website (together Tidy Application). Personal information is any information or opinion about you from which your identity can be ascertained, including your name, email address, telephone number and other information you provide that may assists Tidy in conducting its business or meeting its legal obligations.

Tidy follows the National Privacy Principles (NPPs) set out in the Privacy Act 1988 (Cth) (Privacy Act) when dealing with your personal information. The National Privacy Principles set out minimum standards regarding the collection, use and storage of personal information.

Use and Disclosure of personal information

Tidy may use and disclose your personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act. For example, Tidy collects and holds personal information about you for the purposes of:
- providing you with the Tidy Application;
- conducting the Tidy business;
- customising promotional or advertising material made available via the Tidy Application;
- contacting you regarding the Tidy Application;
- monitoring your use of the Tidy Application; and
- informing you about goods and services that Tidy thinks might interest you (you may elect not to receive this information). You can elect not to receive information about third party goods or services.

In most cases, if you do not provide Tidy with requested personal information, Tidy may not be able to supply you with full access to the Tidy Application.

Ordinarily, personal information will only be collected directly from you, and Tidy will not use your personal information for purposes unrelated to the Tidy Application unless Tidy first obtains your consent.

If you agree, Tidy will collect personal information from you via social networking and other mediums you nominate, such as via a connection with Facebook.

Tidy will always use fair and lawful means of collecting personal information, and wherever possible, will give you the option of interacting with us anonymously, provided it is practicable and lawful to do so.

Tidy may disclose your personal information to:
- our related bodies corporate;
- third parties (including merchants listed in the Tidy Application) or individuals who assist us in providing the Tidy Application, who contribute to the Tidy Application or who perform functions on our behalf (such as consultants, agents, lawyers etc); or
- anyone else who you authorise us to make a disclosure to.

Tidy will not send your personal information to recipients outside of Australia without:
- obtaining your consent (in some cases this consent will be implied by your use of the Tidy Application); or
- otherwise complying with the NPPs.

Tidy does not represent that all third parties who may receive your personal information will have privacy policies equivalent to this one or be subject to the Privacy Act.

Storage and Security

During transmission, Tidy cannot guarantee the privacy or security of personal information you submit. However, once received, Tidy takes reasonable steps to securely store your personal information and to protect it from loss, misuse or unauthorised access, disclosure or modification. For example, Tidy may implement measures to safeguard your information in the form of written privacy policies and physical, electronic or procedural protection. Information is destroyed or permanently de-identified when it is no longer needed for any purpose for which it was collected.

Access and Correction

If you believe that any personal information held by Tidy about you is not accurate, complete or up to date please contact Tidy. On your request, Tidy will give you access to the personal information held about you, except in limited circumstances prescribed by the NPPs. Tidy may require you to reasonably identify yourself as part of an access request and may also charge a fee for providing access (which will be limited to the amount of our reasonable expenses incurred in responding to your request. More information about Privacy Act and the National Privacy Principles is available from the Federal Privacy Commissioner at www.privacy.gov.au. Tidy can be contacted by email at support@loke.com.au and/or via telephone on 1300 349 469.

Aston Club Terms of Use

Aston Club Pty Ltd ACN 163 875 590 (Aston Club) collects personal information from you in the course of providing you with access to the Aston Club mobile phone point of sale payment system. Our privacy policy provides further information about the purposes for which information is collected and you can gain access to the information we hold about you. Our terms are otherwise as follows:

Definitions and Interpretations

Unless otherwise provided, in these terms and conditions:

Aston Club mobile phone point of sale payment system means the executor application developed by Aston Club available for download in paragraph 2.2.
Intellectual Property Rights or IPR means all intellectual property rights, including but not limited to, the following rights:
- patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
- any application or right to apply for registration of any of the rights referred to in paragraph 1.1.3(a); and
- all rights of a similar nature to any of the rights in paragraphs 1.1.3(a) and 1.1.3(b) which may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.

Merchant means any entity that advertises, promotes and offers its goods and services via the Aston Club mobile phone point of sale payment system.

Personal Information has the meaning given by the Privacy Act 1988.

Personnel means the officers, employees, contractors (including subcontractors and their employees) and agents of Aston Club.

Third Party Service means any third party software, application or website which the Aston Club mobile phone point of sale payment system directly or indirectly interacts with.

User means the person who accesses the Aston Club mobile phone point of sale payment system.

Aston Club

Aston Club owns and operates the Aston Club mobile phone point of sale payment system.

By accessing and/or using the Aston Club mobile phone point of sale payment system (whichever is first), the User will be bound by these terms and conditions as they appear as part of the Aston Club mobile phone point of sale payment system from time to time.

Aston Club reserves the right to amend the Aston Club mobile phone point of sale payment system (including any of its functionality) and these terms and conditions at any time (including as a result of amendments made by a relevant Third Party Service to its functionality or terms and conditions of use). Any amendments made to these terms and conditions will be effective immediately on them being made available on a website and/or via the Aston Club mobile phone point of sale payment system.

The Aston Club mobile phone point of sale payment system is only available to Users located in Australia.

Registration and Operation

The User acknowledges and agrees that:
it can use some aspects of the Aston Club mobile phone point of sale payment system without registration with Aston Club; but
- to use all functionality of the Aston Club mobile phone point of sale payment system it must register and provide all information required by Aston Club during the registration process (User Information) to Aston Club via the Aston Club mobile phone point of sale payment system or a nominated website.

The User must and warrants that it will only have one registration with Aston Club. The User acknowledges that it will not have more than one registration with Aston Club at any time and that to the extent that the User obtains any benefits which could not have been obtained otherwise than in accordance with these terms and conditions, (and without limiting any other rights Aston Club has):

- the User will pay the value of such benefits to Aston Club via electronic debit transaction immediately on demand; and
- the User authorises Aston Club to satisfy such obligation by debiting the bank account of the User without notice or any formal demand (other than by these terms and conditions) for any amounts referred to in paragraph 3.2.1 in one or more transactions.

By registering and providing the User Information, the User warrants that:
- it will provide up-to-date, current and accurate information and will continually update all User Information as required;
- it will keep the registration details, including username(s) and password(s), secure and confidential; and
- the User Information is not misleading, false, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party.

The User will not permit the Merchant to debit any funds from the User in connection with the Merchant’s supply of goods or services unless such goods or services have been supplied to the User. The User acknowledges that if payment is processed not in accordance with this clause then fees and charges may apply.

Intellectual Property Rights

Except to the extent that such curtailment of reproduction, distribution, adaptation or publication is not permitted under the Copyright Act 1968 (Cth), or any other applicable law in the location from which the User has access to the Aston Club mobile phone point of sale payment system, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the Aston Club mobile phone point of sale payment system (or the Aston Club mobile phone point of sale payment system itself) in any form (including by e-mail or other electronic means), without Aston Club’s prior written consent.

All trade marks, copyright and other Intellectual Property Rights in the Aston Club mobile phone point of sale payment system and the information material contained on the Aston Club mobile phone point of sale payment system is owned by or licensed to Aston Club.

Privacy

Aston Club will store and handle all Personal Information provided by the User in accordance with the requirements of the Privacy Act 1988 (Cth) and the terms of Aston Club’s Privacy Policy.

The User consents to the collection of personal information by Aston Club, its related third parties and its authorized third party contractors.

Aston Club (including its authorised third party contractors) may use any data and information (including Personal Information) that has been submitted by the User for the purpose of registering with or otherwise using the Aston Club mobile phone point of sale payment system to provide the User with the Aston Club mobile phone point of sale payment system, and for other purposes including to:
- customise any promotional or advertising material made available via the Aston Club mobile phone point of sale payment system;
- contact the User with information regarding the Aston Club mobile phone point of sale payment system;
- monitor the User’s use of the Aston Club mobile phone point of sale payment system; and. The User consents to Aston Club’s use of its personal information for such uses and the User consents to the use of any personal information collected by a third party contractor or related third party as if it had been collected by Aston Club.

The Aston Club mobile phone point of sale payment system may log (and Aston Club may have access to) information about any mobile device or computer used to access the Aston Club mobile phone point of sale payment system (including the User’s IP address, operating system and browser type) and the date and time of access. The User consents to the collection and use of this information in accordance with Aston Club’s Privacy Policy.

Aston Club cannot guarantee the security of any data transmitted via the Aston Club mobile phone point of sale payment system. Any information submitted by the User using the Aston Club mobile phone point of sale payment system is done so at the User’s own risk.

Disclaimer

Aston Club is not the supplier of any of the goods and services offered through the Aston Club mobile phone point of sale payment system. Aston Club does not participate in or moderate interaction between Merchants and Users.

The Merchant(s) is entirely responsible for all goods and services offered via the Aston Club mobile phone point of sale payment system. All disputes relating to any offered goods and services must be directed to the Merchant and the User hereby releases Aston Club from any liability or loss the User suffers in respect of the same.

Representations about goods and services are based on information and material provided to Aston Club by the relevant Merchant. For the avoidance of doubt, the User acknowledges that Aston Club takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including Merchants, on the Aston Club mobile phone point of sale payment system.

Any dispute between the User and the Merchant must be resolved by the User and the Merchant. Aston Club is under no obligation to resolve or assist the User in resolving a dispute with a Merchant.

For the avoidance of doubt:

Aston Club does not provide or sell foods or beverages, and is not a seller of food or beverages (including liquor). It is up to each Merchant the User is paying through the Aston Club mobile phone point of sale payment system and the representatives of such Merchant to offer food and beverages for sale which may be purchased through use of the Aston Club mobile phone point of sale payment system;

is not an agent, partner or joint venturer of a Merchant; and

Aston Club may offer information and a method to obtain the details of the products or services for sale from a Merchant, and will not and does not intend to provide or make a representation in respect of the quality or availability of such products or services or act in any way as a seller of food or beverages, and has no responsibility or liability for any products or services provided to a User by such Merchants or any other third parties.

Liability and indemnities

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these terms and conditions to the extent permissible by law. If a supply by Aston Club under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits Aston Club to limit its liability, then Aston Club’s liability shall be limited to:
- in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired; and
- in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again. For the avoidance of doubt, the cost of replacement of goods or resupply of services does not extend to goods or services supplied by a Merchant.

The User acknowledges, that to the extent permitted by law, Aston Club does not accept liability for any errors, omissions, expenses, losses or damages caused by:
- the User’s access to and/or use of the Aston Club mobile phone point of sale payment system;
- representations made by a Merchant(s) via the Aston Club mobile phone point of sale payment system (including where inaccurate information or material has been provided);
- the User’s dealings with a Merchant(s) arising from use of the Aston Club mobile phone point of sale payment system; and/or
- any failure in the networks or servers used to provide the Aston Club mobile phone point of sale payment system (including a breach of security or integrity in connection with the Aston Club mobile phone point of sale payment system).

As a condition of the User’s use of the Aston Club mobile phone point of sale payment system, the User agrees to indemnify and keep indemnified Aston Club and all of its Personnel against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against Aston Club or its Personnel) that Aston Club or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
- any breach of these terms and conditions by the User;
- the User’s access to and/or use of the Aston Club mobile phone point of sale payment system; and
- any loss of, or damage to, any property, or injury to, or death of, any person caused by the User’s access to and/or use of the Aston Club mobile phone point of sale payment system.

  •  

Termination

Aston Club may terminate the User’s access to the Aston Club mobile phone point of sale payment system and any license or Voucher associated with it at any time and for any reason including, but not limited to, a breach of these terms and conditions.

AC Program

Aston Club may allocate and withdraw AC Points to and from the User at Aston Club’s absolute and unfettered discretion. AC Points bear a value that Aston Club assigns to them from time to time.

Aston Club may allow the User to use AC Points in connection with a loyalty program. Aston Club may, at its sole and unfettered discretion, withdraw from any and all loyalty programs it offers to the User in connection with the Aston Club mobile phone point of sale payment system without notice to the User, and without the User being able to use the AC Points from the point of such withdrawal.

Aston Club makes no representation that AC Points can be used to acquire particular goods or services at the User’s discretion. Aston Club, may at the request of the User convert the User’s AC Points to acquire goods and/or services.

The User will not (whether directly or indirectly) hold Aston Club liable for any loss caused to the User in reliance on any representation (oral written or by conduct) Aston Club or its employees or subcontractors cause in respect of the value of Aston Club Points, or any goods and/or services that can be acquired by converting or otherwise using them.

General

By accessing this site, the User acknowledges and agrees that any disputes in relation to the Aston Club mobile phone point of sale payment system are to be determined by the courts of South Australia, in accordance with the laws of South Australia.

Aston Club accepts no liability for any failure or delay in complying with these terms and conditions where such failure or delay is due to circumstances beyond Aston Club’s reasonable control.

If Aston Club waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by Aston Club or its authorised representative.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in force.

A provision of these terms and conditions must not be construed to the disadvantage of a party because that party was responsible for including that provision and/or that provision benefits that party.

Aston Club Privacy Policy

Commitment to open and transparent management of your personal information

To offer the services we provide, we will need to collect personal information in our business of:
- providing a mobile phone point of sale payment system
- customising promotional or advertising material made available via an App using our mobile phone point of sale payment system;
- contacting you regarding the mobile phone point of sale payment system;
- monitoring your use of the mobile phone point of sale payment system; and
- informing you about goods and services that might interest you, (collectively ‘Primary Business’).

We are committed to open and transparent management of your personal information in line with our obligations under the privacy laws.

This policy sets out how we collect and use personal information including:
- how we collect and protect your information;
- how we use your information;
- disclosure of information;
- our compliance with direct marketing and spam laws;
- information of offshore disclosure; and
- how you can correct information or complain about our use of your personal information.

We will only collect information in accordance with the law, the Australian Privacy Principles and through fair means.

The 13 Australian Privacy Principles can be found here: http://www.oaic.gov.au/privacy/privacy-resources/privacy-fact-sheets/other/privacy-fact-sheet-17-australian-privacy-principles

Collecting and looking after your information

We collect personal information (information that can identify you in some way) from the following sources:
- information that you give us by signing up to the mobile phone point of sale payment system;
- information that you give us using the mobile phone point of sale payment system;
- information obtained by our related third parties or authorised third party contractors; or
- via social media networking mediums such as Facebook.

By agreeing to our Terms and Conditions you have consented to the collection of your information in these ways.

Collection will be made either through our phone point of sale payment system or the social networking medium that you use on each occasion that you use phone point of sale payment system or the elected social networking medium.

The information collected is only that which is necessary for the purpose of carrying on our Primary Business.

We will collect from you, at each use, either through our mobile phone point of sale payment system or social networking mediums, your :
- name;
- mobile number;
- email contact;
- date of birth;
- image;
- gender;
- your payment method details;
- specific information about your transactions through phone point of sale payment system including details of what is purchased and, when and where purchases occur; and
- other general data related to our Primary Business or the information collected in 2.4 and 2.5 of this Policy.

When you use our phone point of sale payment system we may collect information about:
- your device’s operating system;
- your device’s type and capability;
- your device’s Internet Protocol (IP) Address and geolocation;
- the local time on your device.

We will not identify Users or their browsing activities except where we are compelled to by law or in accordance with our Terms and Conditions (‘Terms’).

We store this information on secure servers in our computer system. All reasonable steps are taken to protect this information and to protect it from loss, misuse or unauthorised access, disclosure or modification.

Reasonable steps may include physical, electronic and procedural protection which we assess based on the following criteria:
- the nature of our business and the reason for collecting your personal information;
- the nature and quantity of personal information held;
- the risk to individuals concerned if the personal information is not secured;
- our current data handling practices; and
- the ease with which security measures can be implemented.

Use of your personal information

We use your personal information for the purpose of carrying on our Primary Business including any other related activities and information that you may expect to be provided by us.

We also use that information, for any related secondary purpose where you would reasonably expect us to use the information or where permitted by law.

We use the sort of information collected from your computer or phone (mentioned in 2.6) for the purposes of managing our phone point of sale payment system, improving our business and ultimately delivering better results for our customers.

You have consented, pursuant to our Terms and Conditions to us using information we have received from a related third party or authorised third party contractor as if we had collected it from you in the first instance.

Use of your information will only be made in accordance with Australian Privacy Principle 6.

Disclosure of your personal Information

If we do disclose your personal information it will only be for the purpose of carrying on our Primary Business or for a related secondary purpose where you would reasonably expect us to disclose the information.

We may disclose your personal information in any other way that is required or authorised by you or the law.

By agreeing to our terms and conditions you have consented to us disclosing your personal information for the purpose of carrying on our Primary Business and any other related activities that you may expect from us.

Entities that we are likely to disclose your personal information to include:
- our related bodies corporate;
- third parties or individuals who assist us in carrying on our Primary Business; or
- anyone else who you authorise us to make a disclosure to.

Typical situations where your consent will be implied include, but are not limited to disclosure to third parties that provide services such as our payment gateway, marketing, logistic and technology support which are required to settle or make a transaction or make our mobile phone point of sale payment system functional.

In addition, disclosure of your information will only be made in accordance with Australian Privacy Principle 6.

Direct Marketing and Spam

We will only use your information for direct marketing (advertising, special offers, updates etc) if you have given express or implied consent to receive it.

By agreeing to our Terms you have given express consent to receive these communications. As part of our rewards systems we will contact you with special offers that you are eligible to take up either by email.

We will only send you direct marketing communications that are consistent with our obligations under Australian Privacy Principle 7 and the Spam Act 2003 (Cth).

We will always make it clear and simple to opt out of these communications and will respond to an opt out request within a reasonable period.

There are links that will allow you to opt-out of direct marketing communications on the communications themselves but if they aren’t showing up, for whatever reason, please email support@astonclub.com.au to request an opt-out.

Offshore disclosure

As part of our business, disclosure of your personal information may be made. It is unlikely that disclosure will need to be made to offshore entities.

If we do decide to disclose your information to a foreign entity it is our responsibility to ensure your personal information is protected. We ensure, amongst other things, that:
- the current privacy policy of the foreign entity complies with Australian requirements and is in line with Aston Club’s privacy obligations;
- if necessary, we will seek further agreements or consents from the foreign entity; and
- we will mitigate any risk of a breach of this privacy policy even when the disclosure is to a foreign entity.

The countries where these entities reside could vary due to the nature of wireless networks and cloud computing.

It is not always practical for us to notify you of which country your personal information may be disclosed into but if we know which countries we can expect to make disclosure to we will update this policy accordingly and seek your consent on the subsequent disclosure.

Where an offshore disclosure is made it is always in accordance with the Australian Privacy Principle, particularly Australian Privacy Principle 1 and 8.

Your rights to correct or complain

We are only allowed to keep your personal information if it is up-to-date and correct. Any information that is out-of-date or no longer required will be de-identified or destroyed.

At any time you can contact us and seek access to or correction of the personal information we hold about you.

Contact us by email at support@astonclub.com.au or write to us at: Aston Club Pty Ltd 8 Gough Street 3121 Cremorne Victoria, Australia

If you wish to complain about a breach of your rights under the Privacy Act 1988 (Cth) please contact us on the email and postal addresses above providing details of your complaint in writing.

We will respond to any complaint within 30 days. If you are not happy with our response you can complain directly to the Office of the Australian Information Commissioner by following this link: http://www.oaic.gov.au/privacy/making-a-privacy-complaint If you have any questions about privacy, your personal information, direct marketing, spam or our obligations or this policy please contact us at support@astonclub.com.au.

All refund rights under both State and Commonwealth law apply.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Refunds are not however an automatic right. We don’t have to give you a refund if you:
- change your mind
- buy the wrong product
- buy the wrong flavour, size or type

We may still offer refunds in these situations, however this at our discretion and not a legal requirement. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have a product replaced if it fails to be of acceptable quality. If the failure is minor, we reserve our right to offer to replacement only. We reserve the right to not offer a refund or an exchange coupon.

We will provide you with an exchange voucher, refund (refund will be provided using original payment method) or replacement where:
- The product is not of acceptable quality, or
- The product is not fit for its intended purpose, or
- The product does not match the sample or our description; and

You can present a receipt or other adequate proof of purchase. We reserve the right not to offer an exchange voucher, refund or replacement where we deem the product sold to be of acceptable quality.

Proof of Purchase Returns, refunds, exchanges or replacement requests must be accompanied by any one of the following proof of purchase documents:
- Original mobile app receipt (no photocopies accepted)
- Original point-of-sale (POS) receipt
- Financial Statement (i.e bank statement, credit card statement)

You will be asked for information that is relevant to your return or to satisfy legislative requirement. If you do not provide this information, then we may be unable to process your return. When returning products with proof of purchase, you may be asked for your contact information and your signature as authorisation of the return transaction.

Information collected will be securely stored in accordance with the our Privacy Policy.