Duktag Website Terms of Use.

Last updated 22 February 2019.

1. Introduction
As they govern your use of the website, please read these website terms of use carefully before using this website
This website, duktag.com.au, is operated by Duktag Pty Ltd ACN 610 815 159 of 50-52 Bower Street, Manly NSW 2095, Australia (“we”, “us” or “our”).

2. By using our website you accept these website terms of use
By using this website, you accept these website terms of use and agree to comply with them. If you do not agree to these website terms of use, you must not use our website.
We recommend that you print a copy of these website terms of use for future reference.
These website terms apply from the date set out at the beginning of them. We may amend these website terms of use from time to time without specific notice to you. Every time you wish to use our website, please check to ensure you understand which website terms of use applies at that time.

3. Other terms that may apply to you
Please refer to our Privacy Policy, here, which also applies to your use of our website.

4. Our website is directed to users in Australia
Our website is directed to users located in Australia. Content or products and services which are available on or through our website may not be appropriate for use or available in other locations.

5. Ownership of rights on our website
Unless otherwise indicated, we are the owner or the authorised licensee of all content on our website and in the material published on it including the trade marks, sounds, images, text, software, software code, interfaces, website structure, videos and copyright works and materials displayed on it, its layout and design (“our intellectual property rights”). Our intellectual property rights may not be copied, imitated or used by you, in whole or in part, without the prior written permission from us or our licensors. We take our intellectual property rights seriously and will enforce our rights to the fullest extent permitted by applicable law.
You must not use any part of the content on our website for commercial purposes without first obtaining a written licence to do so from us or our licensors.
You may print or download an extract of any page(s) from our website for your personal use only or draw the attention of others to our website but you must not modify any printed or digital copies of any pages of our website or use any illustrations, photographs, trade marks, video or audio sequences or any graphics separately from any accompanying text.

6. Disclaimer of our liability
We are only responsible for losses that are a natural, foreseeable consequence of our breach of this website terms of use and to the maximum extent permitted under applicable law we will not be liable to you for any special, consequential or indirect loss or damage or if we are prevented or delayed from complying with our obligations under this website terms of use or applicable law by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
Although we make reasonable efforts to update the information on our website, we do not make any representations, warranties or guarantees (whether express or implied) that the content on our website is accurate, complete or up to date, suitable for any particular purpose, except only for the warranties, representations or guarantees contained or referred to as required to be made under the Australian Consumer Law or which we cannot otherwise legally exclude. We do not guarantee that our website is or will be secure or free from bugs or viruses or always available or functional. To the extent permitted by applicable law, we reserve the right to interrupt or discontinue any or all of the functionalities of our website at any time.
To the maximum extent permitted by applicable law, we accept no responsibility or liability at all arising from (a) your use of this website or its content or (b) any interruption or discontinuance of any or all functionalities of our website (regardless of whether this is the result of actions or omissions by us or one of our affiliates or of a third party) or (c) any damage, losses or expenses related to any business of yours including without limitation for any lost data, lost profits, lost revenues or business interruption, in all cases except to the extent that you suffer such damage, loss or expense as a result of (i) a breach by us of the Australian Consumer Law or other applicable consumer laws or (ii) our negligent or willful misconduct.
Nothing in these website terms of use limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by applicable law. Nothing in this website terms of use will affect your statutory rights. You may have certain protections under the Competition and Consumer Act 2010 (Cth) of Australia and the Australian Consumer Law.
(a) If you are a business: As a business, these rights exist when you buy goods or services for your business which are under AUD$40,000, or over AUD$40,000 which are normally bought for personal, domestic or household use or consumption.
Your business will be considered a consumer and entitled to certain remedies under the consumer guarantees provided in the Australian Consumer Law if something goes wrong.
The Australian Consumer Law protects small businesses from unfair terms in standard form contracts where you are a business which employs less than 20 people, including casual employees employed on a regular and systematic basis and you pay us no more than AUD$300,000 or AUD$1 million if the contract is for more than 12 months.
(b) If you are a consumer: Under the Australian Consumer Law, when you buy goods or services they come with statutory guarantees that they will work and do what you asked for. If you buy something, under the Australian Consumer Law that is not right, you have consumer rights and the following consumer guarantees on products or services will apply.
* Products must:
- be safe, lasting, with no faults;
- look acceptable;
- do all the things someone would normally expect them to do;
- match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising;
- match any demonstration model or sample you asked for;
- be fit for the purpose the business told you it would be fit for and for any purpose that you made known to the business before purchasing;
- come with full title and ownership;
- not carry any hidden debts or extra charges;
- come with undisturbed possession, so no one has a right to take the goods away or prevent you from using them;
- meet any extra promises made about performance, condition and quality, such as life time guarantees and money back offers; and
- have spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.
* Services must:
- be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
- be fit for the purpose or give the results that you and the business had agreed to; and
- be delivered within a reasonable time when there is no agreed end date.
* Consumer guarantees under the Australian Consumer Law do not apply if you:
- got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
- misused a product in any way that caused the problem;
- knew of or were made aware of the faults before you bought the product; or
- asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted.

7. Links to and from other websites
Where our website contains links to other websites, plugins, applications or resources provided by third parties, these links are provided for your information only and are not any indication of approval by us of those linked websites or information that you may obtain from them.
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have agreed to that.
We reserve the right to withdraw linking permission without advance notice to you.

8. How we may use your personal information
Our use of your personal information is set out in our Privacy Policy, here.

9. User conduct
You agree that the information or material you upload or transmit to our website is accurate, lawfully provided and not misleading.
You must not misuse our website or use it in any way that infringes the rights of anyone else or by spamming or introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful or restricts anyone else’s enjoyment of our website. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or crawl, frame, edit or broadcast our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this provision to the relevant law enforcement and you accept responsibility for your actions and the actions of persons that you authorise to act for you.

10. Governing law and jurisdiction
These website terms of use shall be governed by and construed in accordance with the laws of Victoria, Australia. Disputes arising in connection with these website terms of use will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

11. Miscellaneous
11.1 Variation
We may vary these website terms of use (including any document incorporated by reference) at any time by posting the amended terms on this website. All amended terms will automatically be effective after they are posted on this website. Your continued use of this website after our posting of any variations will constitute your acceptance of such amendments.
11.2 Waiver
No failure or delay by us to exercise any right or remedy provided under these website terms of use or by applicable law will constitute a waiver of that or any other right or remedy, or prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.
11.3 Rights and remedies
Except as expressly provided in these website terms of use, the rights and remedies provided under these website terms of use are in condition to, and not exclusive of, any rights or remedies provided by applicable law.
11.4 Entire agreement
These website terms of use constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
11.5 Assignment
You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these website terms of use. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these website terms of use.
11.6 Relationship
Nothing in these website terms of use is intended to or will operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party will have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any presentation of warranty, the assumption of any obligation or liability and the exercise of any right or power).
11.7 Third party rights
These website terms of use do not confer any rights on any person or entity (other than the parties to this agreement and, where applicable, their successors and permitted assigns).
11.8 Notices
Any notice required to be given under these website terms of use will be:
(a) in the case of notice to us: in writing and delivered by hand or sent by pre-paid first-class post or recorded delivery posted to us at our address as set out in these website terms of use, or such other address as may have been notified by us on this website for such purposes from time to time; and
(b) in the case of notice to you: posted on this website or emailed to you at the email address you have last given to us.
A notice delivered by hand will be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post will be deemed to have been received at the time at which it would have been delivered in the normal course of post.

Duktag Privacy Policy.

Last updated 22 February 2019.

1. Introduction
Duktag Pty Ltd ACN 610 815 159 (“we, “us” or “our”) respects your privacy and is committed to protecting your personal information. This policy together with our website terms of use, http://www.duktag.com.au/terms-and-conditions, will inform you as to how we collect and process your personal information through your use of and access to our website.

2. Changes to our Privacy Policy
This privacy policy applies from the date set out at the beginning of them. Any changes we may make to our privacy policy will be posted on our website or, where we feel it more appropriate, we will communicate the changes to you by email or other means.

3. Third party links
Our website may include links to other websites, plug-ins and applications provided by others, including those acting on our behalf. Clicking on those links or enabling those connections may allow third parties to collect or share data about you, and they will have their own privacy policies. We do not control third party websites and are not responsible for their privacy policies or actions. When you leave our website, we encourage you to read the privacy policy and terms of use of every website you visit.

4. The personal information we collect about you
Personal information means any information about an individual from which that person can be identified. It does not include information where the identity of the individual has been removed (anonymous data).
We collect, use, store and process personal information about you, including:
- identity information, including name, title, organisation name;
- contact information, including email address, telephone number(s);
- purchase and transaction information, including details about payments to and from you or your nominated payment service provider and other details of any products or services which you have purchased or might purchase from us, bank account and credit card details; and
- customer service information, including your customer service enquiries and comments.

5. If you fail to provide personal information
If you choose not to provide the personal information as requested, we may not be able to supply you with our products or services.

6. How is your personal information collected?
We use different methods to collect information from and about you including through:
the contact form on our website;
by corresponding with us by post, telephone, email or otherwise;
your interactions and use of our website, such as your location data, website usage and other communication data. Please see section 10 of this privacy policy.

7. Purposes for which we will collect or use your personal information
We collect and use your personal information for any of the following purposes:
- to respond to your enquiry via the contact form on our website; and
- to use data analytics to improve our website, products/services, marketing, customer relationships and experiences.?

8. Storage and security of your personal information
The information we collect from you are stored at a location in Australia (service location).
Our security measures aim to prevent your personal information from being accidentally lost, used, altered, disclosed or accessed in an unauthorised way. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They are authorised to only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have procedures to deal with any suspected or actual breach of your personal information and will notify you and any applicable regulator of any breach where we are legally required to do so.

9. Disclosure of your personal information
We may share your personal information with the persons set out below:
- third parties who help us to administer our website (such as our internet service providers, or website hosting services);
- professional advisers, including lawyers, bankers, auditors, credit assessors and insurers who provide consultancy, financial, legal, insurance or accounting services;
- third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this privacy policy;
- third parties, including authorities, where we are legally obliged to disclose your personal information to them in order for us to provide our products and services to you. ?

10. Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.
If you wish to disable cookies you will need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use. Further details on how to disable cookies for the most popular browsers are set out below:
- For Microsoft Internet Explorer:
(a) Choose the menu “tools” then “Internet Options”
(b) Click on the “privacy” tab
(c) Select the setting the appropriate setting
- For Google Chrome:
(a) Choose Settings> Advanced
(b) Under "Privacy and security," click “Content settings”.
(c) Click “Cookies”
- For Safari:
(a) Choose Preferences > Privacy
(b) Click on “Remove all Website Data”
- For Mozilla Firefox:
(a) Choose the menu “tools” then “Options”
(b) Click on the icon “privacy”
(c) Find the menu “cookie” and select the relevant options
Our cookies are provided by third parties, such as Google Inc., and are subject to their privacy policies. For more information about their privacy policies, please visit their respective websites. The information these third parties collect may be transferred to, and stored at, a location outside Australia. By accepting cookies, you agree to this transfer, storing or processing of your personal information.
The main purpose for which cookies are used is technical purposes essential to the effective operation of our website, particularly in relation to site navigation.
We use the following cookies on our website:
- Cookies =
_gid = GA1.3.0000000000.0000000000
_gat = 1
_ga = GA1.3.0000000000.0000000000

11. How long do we retain your personal information?
We will only retain your personal information for as long as necessary to fulfil the purposes that we collected it for and to satisfy any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

12. Contact
If you have any questions, concerns or complaints about how we handle personal information, or wish to exercise your rights as set out in this privacy policy or under applicable law, please contact us as follows:
By post: Duktag Pty Ltd, 50-52 Bower Street, Manly NSW 2095, Australia
By email: info@duktag.com.au

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