Effective date: 1 June 2020
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Definition of terms
These Terms & Conditions between you and Privacy Rightfully, an Australian registered company trading as a limited liability entity, govern your use of Privacyrightfully.com (“website”) and the Privacy Rightfully electronic newsletter (“Newsletter”). By using this Website and/or Newsletter, you signify your acceptance of these Terms and Conditions of use in full. If you disagree with any term or condition in part or in full, you must not use the Website or Newsletter.
Amendment of Terms & Conditions
We reserve the right to change, modify, add or remove portions of these Terms and Conditions at any time. Please check these Terms & Conditions regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms and Conditions govern yours and our rights and obligations to each other.
Privacy Rightfully, this Agreement, the Website and Newsletter are subject to the laws of the State of Queensland and the Country of Australia. If there is a dispute between you and us that results in litigation, you must submit to the jurisdiction of the courts of Queensland, Australia.
Competition And Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Privacy Rightfully’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods or services; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this Website, Newsletter, subscribe, join as a member, comment on content or to purchase any goods or services.
You may use the Privacy Rightfully Website, Newsletter and associated content if you are able to form a binding contract with Privacy Rightfully. Use must be in compliance with these Terms & Conditions as well as local, state, national and international laws, rules and regulations. Any use or access to the Website, Newsletter and associated content by anyone under 18 years of age is strictly prohibited and in violation of these Terms & Conditions.
It is the Users responsibility to ensure they don’t breach local, state, national and international laws, rules and regulations regarding their use and/or actions taken based on the content produced by Privacy Rightfully including content on the Website and Newsletter. This includes workplace / employment contracts.
Privacy Rightfully is written for information purposes only and is not to be used or taken as legal advice, financial advice, personal advice, career advice or acted upon in anyway which may cause the user personal, financial, social, or professional harm, loss, or distress. All users of Privacy Rightfully accept they use or act upon information and content produced by Privacy Rightfully at their own risk. Privacy Rightfully accepts no liability for the use and/or actions resulting from the content created by Privacy Rightfully including the Website and Newsletter.
Privacy Rightfully content, Website and Newsletter is not available to any User/s previously removed by Privacy Rightfully.
License To Use
Privacy Rightfully owns the Intellectual Property rights in the Newsletter and Website and material in the Newsletter and Website unless stated and/or attributed otherwise. Such intellectual property rights are reserved and are subject to the licence below.
You may view, download (for caching purposes only), and print pages from the Website and Newsletter for your own personal use subject to the restrictions below and elsewhere in these Terms & Conditions. You must not (without written permission stating otherwise):
- Sell, rent or sub-license material from the Newsletter or Website
- Reproduce, duplicate or in any way exploit the material on the Website or Newsletter for commercial purpose or gain
- Republish the material from the Website or Newsletter, except as outlined under ‘Permitted Sharing’ further below
- Show any material from the Newsletter or Website in public except as described under ‘Permitted Sharing’ outlined further below
- Edit or modify in any way the material in the Newsletter or Website
- Use a group /shared inbox and/or log in credentials for membership subscription
- Content can be forwarded to family or close friends via email without limit. Content may also be shared on a Users social media account/s without limit.
- You may take a screenshot of partial content from the Website or Newsletter for the purposes of sharing privately or on social media no more than four times per month provided such publication includes attribution to Privacy Rightfully
- You may reproduce a reasonable portion from the Website or Newsletter for a blog post or other publication provided such publication includes attribution and link to Privacyrightfully.com. Such portion or excerpt shall not exceed 25% of content in the originating Privacy Rightfully material
- Content posted on Privacy Rightfully social media accounts can be shared freely.
Privacy Rightfully reserves the right to terminate any or all of these Permitted Sharing conditions at any time or on an individual user basis.
You must not use the Newsletter or Website or Privacy Rightfully published content in any way which:
- Causes or may cause damage to the Newsletter or Website or in any way cause impairment to the availability of either or both.
- Is illegal, fraudulent, unlawful or harmful
- Is or can be connected with any unlawful, illegal, fraudulent or harmful activity or purpose
- To conduct malicious or reputational damage to another third party
You must not conduct any systematic or data collection actions or activities on or in relation to the Website or Newsletter. This includes scraping, data mining, data extraction and data harvesting.
Any use of the Website or Newsletter for marketing purposes is prohibited without the written consent from Privacy Rightfully.
In these Terms & Conditions, “user content” refers to any material (including without limitation text, images, audio material, video material and audio-visual material) that a user may submit, post or publicise to this website, for whatever purpose or reason.
Users agree to grant Privacy Rightfully a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Privacy Rightfully the right/s to sub-license these rights, and the right to bring an action for infringement of these rights.
User Content must not be illegal or unlawful, must not infringe any third party’s legal rights (including copyright), and must not be capable of giving rise to legal action whether against you or Privacy Rightfully or any other third party (in each case under any applicable law).
Users must not submit, comment or post any User Content to the Website or Newsletter that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Privacy Rightfully reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this Website.
Notwithstanding Privacy Rightfully’s rights under these Terms and Conditions in relation to user content, Privacy Rightfully does not undertake to monitor the submission of such content to, or the publication of such content on, the Website. By posting any user content on the Website or social media pages, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Privacy Rightfully a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website, Newsletter, and any other product now existing or later developed by Privacy Rightfully (and its successors’ and affiliates’) including without limitation for promoting and redistributing part or all of the Website and Newsletter (and derivative works thereof) in any media formats and through any media channels.
To Other Users: You also hereby grant each user of the Website and Newsletter a non-exclusive license to access your user content.
Users must also read and abide by our Standards for User Comments.
Due to the everchanging landscape of the internet, third party policies and procedures, laws relating to privacy, terms and conditions of software (including apps and websites) Privacy Rightfully cannot make any warranties regarding the content created, represented, shared, published and/or posted. The website and newsletter are for information purposes only and Privacy Rightfully can give no warranty on the desired outcomes of changes to user behaviour or habits, changes in settings on devices or installation of products on property.
The Website, Newsletter and other Privacy Rightfully related content DOES NOT constitute or is meant to constitute legal or financial advice of any kind. If you require legal or financial advice you should consult a relevant professional. This is inclusive of and not limited to the purchase of products, services, software, applications or any other paid product or service discussed or explicitly recommended by Privacy Rightfully. You are aware and agree that any loss you suffer as a result of or in relation to any financial transaction/s you enter is the responsibility of you, the user, regardless of whether or not you enter said transaction/s based on anything transmitted by Privacy Rightfully, the Website, the Newsletter or any associated Privacy Rightfully content.
The use of content published by Privacy Rightfully, the Website, the Newsletter or associated content is done at a user’s own risk. The content is published without warranties of any kind, whether express or implied.
Privacy Rightfully, its subsidiaries and its licensors do not warrant that content is accurate, reliable, correct, fit for purpose, free of defects or will meet your requirements and/or expectations. This includes and is not limited to products or services recommended by Privacy Rightfully both implicitly or explicitly.
Privacy Rightfully cannot warrant the Website or Newsletter to be available at any particular time or location, uninterrupted or secure, free of errors (or that errors will be corrected) or that the content is free of viruses or other harmful components. The use, interaction with or downloading of content from the Website or Newsletter is to be done at the user’s own risk. Privacy Rightfully will not be held responsible or liable for any damage to a user’s computer system (personal or company owned), mobile device (personal or company owned) or for any loss of data that results from the download, use or interaction with the Website, Newsletter or associated Privacy Rightfully content.
Privacy Rightfully does not warrant, endorse, guarantee or assume responsibility or liability for any product or service advertised or offered by a third party through the Privacy Rightfully Website or Newsletter or any hyperlinked website or service. This includes and is not limited to any product, service or company that Privacy Rightfully may have previously or continues to recommend implicitly or explicitly via its published content, Newsletter or Website.
Users should also read, understand, and agree to our Disclaimer.
Privacy Rightfully has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Privacy Rightfully’s members, managers, officers or employees with respect to any losses you suffer in connection to the Newsletter or Website. Users agree that the limitations of warranties and liability set out in these Terms & Conditions will protect Privacy Rightfully’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Privacy Rightfully company.
Links To Other Websites
Privacy Rightfully may from time to time provide on its website or Newsletter links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Privacy Rightfully and the owners or other content of those websites. Privacy Rightfully takes no responsibility for any of the content found on the linked websites.
Privacy Rightfully’s website and/or newsletter may contain information or advertisements provided by third parties for which Privacy Rightfully accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State, Territory, Country or jurisdiction then such a clause shall not apply in that State, Territory, Country or jurisdiction and shall be deemed never to have been included in these Terms and Conditions in that State, Territory, Country or jurisdiction. Such a clause if legal and enforceable in any other State, Territory, Country or jurisdiction shall continue to be fully enforceable and part of this agreement in those other States, Territories, Countries and jurisdictions. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
At times Privacy Rightfully may engage or invite a guest to create content which is shared by Privacy Rightfully to its Users. Prior to engagement and publication Privacy Rightfully will ensure it receives a Warranty from the guest poster to certify that information is true and correct and indemnify Privacy Rightfully from any losses its Users incur as a result of any action or information acted upon by the user from the contents of the guest post.
Limitation Of Liability
It is an essential pre-condition to you using our website that you agree and accept that Privacy Rightfully is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents, posts, comments or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be the Users own responsibility to ensure that any products, services or information available through Privacy Rightfully or named or recommended by Privacy Rightfully meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Privacy Rightfully treats security with the upmost respect and endeavors to ensure emails are free of viruses or other threats. This cannot however be guaranteed, despite our best efforts, therefore the recipient should check the email for threats with the appropriate software. Privacy Rightfully does not accept liability for any damage inflicted by the viewing of this email or any attached content.
Privacy & Data Collection
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Privacy Rightfully’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Expected Delivery Times
Physical goods purchased on the website may be delivered by Australia Post and/or other reputable courier companies nationally (in Australia) and similar service providers in international markets. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days nationally and up to 28 days internationally, depending on the delivery option and economic conditions. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Privacy Rightfully.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
Physical and Digital products or services ordered from an affiliate / third party website is the responsibility of that company or service provider and not of Privacy Rightfully even if it was linked to or recommended by Privacy Rightfully.
Disclosure Of Information
Privacy Rightfully may be required, in certain circumstances, to disclose information in good faith and where Privacy Rightfully is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
Comments On Content
We are not responsible for the contents of reader, user, member, subscriber comments including those on all social media and external channels. We will however endeavor to monitor comments made and act appropriately.
We reserve the right to delete comments without justification.
We reserve the right to terminate a user’s account and cancel their subscription without justification.
Anyone wishing to post a comment must abide with our Standards for User Comments.
Virus & Malware
Privacy Rightfully treats security with the upmost respect and endeavors to ensure its systems are free of viruses, malware and other threats. This cannot however be guaranteed, despite our best efforts, therefore the user should check their use of Privacy Rightfully with the appropriate software against such threats. Privacy Rightfully does not accept liability for any damage inflicted on/to a user’s device/s being infected by a virus, malware or other such threats.
Privacy Rightfully is not liable for any consequential or indirect loss resulting from a user/s use of Privacy Rightfully.
Nothing in these Terms & Conditions will exclude any warranty implied by The Australian Consumer Guarantee or other applicable law would be unlawful to exclude or limit.
By using the Website, Newsletter and associated Privacy Rightfully content you agree that the exclusions and limitations of liability set out in these Terms & Conditions are reasonable. If you do not agree, you must not use the Website, Newsletter or associated Privacy Rightfully content.
Exclusion Of Competitors
If you are in the business of creating similar content, goods or services for the purpose of providing them for a fee/free to users, whether they be business users or domestic users, then you are a competitor of Privacy Rightfully. Privacy Rightfully expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then Privacy Rightfully will hold you fully responsible for any loss that we may sustain and further hold you accountable for all revenue that you may generate from such unpermitted and improper use. Privacy Rightfully reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
Copyright, Trademark & Restrictions Of Use
The Website and/or Newsletter contains material which is written, owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the content, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website except as per the Permitted Use outlined earlier in these Terms & Conditions.
We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these Terms or Conditions. Any redistribution or reproduction of part or all of the contents in any form is prohibited except as per the Permitted Use outlined earlier in these Terms & Conditions.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
You hereby indemnify Privacy Rightfully, its members, managers, officers, employees, contractors, sub-contractors, agents, successors, subsidiaries (“Indemnified Parties”) against any losses, damages, costs, expenses incurred by the Indemnified Parties arising from any breach by you of any provision of these Terms & Conditions or any claim that you have breached any provision of these Terms & Conditions. This includes, without limitation legal expense and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers.
To the fullest extent permitted by law, Privacy Rightfully absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Privacy Rightfully gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any content, recommendation, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Privacy Rightfully to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
These Terms and Conditions represent the whole agreement between you and Privacy Rightfully concerning your use and access of Privacy Rightfully, its Website, its Newsletter and/or its social media accounts and your use and access to the documents and/or information on/in these places. No other term is to be included in this Agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
If you have a query, issue or complaint about Privacy Rightfully or these Terms & Conditions, please email us directly at: firstname.lastname@example.org or through our webform in the first instance. Our mailing address is listed below.
PO Box 1310
Park Ridge, QLD, 4125