Privacy and Terms of Use

 
 

Privacy Policy 

Version: 27/04/2017

Notice: Before using this website, we recommend you to read through this Privacy Policy carefully, save or print a copy for future reference, and also read our Terms of Use in relation to this website.

Scope

This privacy policy (“Privacy Policy”) sets out how LovEarth Pty Ltd ('we', 'our', 'us' or 'LovEarth') manages personal information, including personal information collected through this website and the other websites and services we operate and through services provided via our devices (each a 'Service').

As a user of a Service you acknowledge that any use of the Service (including any transactions you make through the Service) is subject to this Privacy Policy together with other legal documents, such as the Terms of Use which apply to the Service.

This Privacy Policy sets out the purposes for which, and the manner in which, we may collect, hold, use and disclose personal information that we may obtain about you. By either registering as a user of a Service or by using a Service, you consent and agree to the use by us of your personal information in accordance with this Privacy Policy.

If you do not permit us to collect, hold, use and disclose your Personal Information, you may be unable to use some or all of our Services.  Where we need to collect, hold, use or disclose your Personal Information in order to provide a Service, it is a condition of your use of that Service that you provide us: (i) the Personal Information we require in order to provide that Service; and (ii) the right to hold, use and disclose it in the way needed to provide that Service.

Use of your Personal Information

Collection of Personal Information:

We may collect and hold certain personal information about you, including your name, address, date of birth, telephone number, e-mail, other contact information, device data (including serial number, model name, UUID, internet protocol address, and other data from your device), password, location data (which may sometimes be able to be linked to an individual), and credit card or other payment details (collectively, 'Personal Information'). We may collect your Personal Information from you (such as when you use our Services, including when you make purchases through this website and log into the connected device services), the devices you use to access the Service, or the service provider that provide our call centre services.

Where a rule of law requires that we collect personal information from you, we will take reasonable steps to inform you of the name and nature of that rule of law and whether supplying that information is voluntary or mandatory.

Storage of Personal Information:

We may hold and process your Personal Information in your home country or overseas, and on our own information technology systems or on systems owned by third parties that may hold and process your Personal Information on our behalf.  Our and the third parties' systems are located in countries including the USA, China, Taiwan, Australia, New Zealand and the Philippines. The LovEarth entity that holds your Personal Information is the entity set out in the Contact Details section applicable to the country in which you acquired the relevant product or Service.  Our Contact Details are at the end of this policy.

Use of cookies:

To improve some of our Services we gather other information about your use of them which may include the use of cookies.

A cookie is a piece of data stored on a computer or other device that runs an internet browser. It can contain information about you, your computer or device, your browser, your session, the websites you visit, and other information about you or others who use, or have used, the computer, device and/or browser you use to access the internet.

Most or all browsers permit you to disable or reject cookies. You can do this by setting the preferences in the browser.  If you set the browser you use to reject cookies, you can use the Services, but you may not be able to use the full functionality of one or more of the Services or it may take additional time to utilise such functionality.

If you are logged onto our website/s, we may be able to determine that information collected by a cookie relates to you.

Use of Personal information:

We may collect, use, hold and disclose Personal Information about you for a number of purposes, including: (i) to register you for, and facilitate your use of, Services we provide, and to manage your account in relation to those Services; (ii) the administration of our Services, including but not limited to promotions and competitions; (iii) the performance of any agreement we have with you, including the processing of your orders and your payments to us; (iv) shopping preferences analysis which enables us to provide you a more personalised browsing experience when using a website, to review, develop and improve our products and Services and to enable us to provide you and other customers with relevant information; (v) to communicate with you, including to keep you informed of products and Services which we consider may be of interest to you (including by providing information about local businesses onto your device); (vi) sharing with our third party suppliers in relation to providing you the Services or in the course of our business at our discretion; and (vii) any other purposes we indicate to you at the time of collecting the Personal Information.

We may communicate with you by e-mail, telephone, mail, through a device, or by any other means. Should you not wish to receive communications from us, please follow the opt-out procedure in the relevant communication, in the device, or contact us using the Contact Details at the end of this policy.

Third Party Information:

We may supplement the information that you provide to us with information that we receive from third parties.

We may engage third party payment providers to administer and process your payment card details in order to complete any purchase that you make through a Service.

Disclosure of Your Information

Crime Prevention:

In response to a request in connection with the investigation of any suspected illegal activities, we may disclose any information and data relating to you (including Personal Information) to the police or any regulatory or government authority including and not limited to law enforcement agencies, unless we are not permitted by law to do so.

Telephone Calls:

Telephone calls may be recorded to verify content and may be used together with other customer records for regulatory compliance, quality control and staff training, preventing or detecting criminal activity and for complaint resolution.

Other Disclosures:

We may give Personal Information about you to the following companies and organisations who may use it for the same purposes as set out above or as otherwise permitted by law or authorised by you:

·         to related companies of LovEarth;

·         to employees, agents and third party service providers of LovEarth, its related companies and other approved third parties to administer any accounts, provide products and services requested by you (now or in the future) and maintain our mailing lists, websites and other Services;

·         to agents and third party service providers who (on our behalf) profile your data so that we may tailor the products and services we offer to your specific needs;

·         to other organisations for the administration of our promotions or competitions;

·         to anyone to whom we transfer our rights and duties under any agreement we have with you;

·         to persons to whom we are required or permitted by law to disclose your Personal Information; and

·         to anyone else authorised by you.

Outside your home country

In carrying out the activities specified in this Privacy Policy, we may transfer Personal Information to reputable companies outside of your home country, including (as applicable) to Australia, New Zealand, Taiwan, the United Kingdom and/or the United States.

Security

AS WE ENDEAVOUR TO TAKE ALL REASONABLE STEPS TO PROTECT YOUR PERSONAL INFORMATION, WE WILL TREAT SUCH INFORMATION IN STRICT CONFIDENCE. HOWEVER, WE CANNOT GUARANTEE THE SECURITY OF THE INTERNET. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND, TO THE EXTENT PERMITTED BY LAW, WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS THIS IS DUE TO OUR NEGLIGENCE OR WILFUL DEFAULT.

We undertake steps to protect your Personal Information and to make online shopping as secure as possible.

Managing your Personal Information

Access and correction of Personal Information

You have the right to request to access and correct the Personal Information that we keep about you.  To do so, please contact us using the Contact Details at the end of this policy.

Complaints procedure

If you think we have breached applicable privacy laws, please email us at the email address below.  We will investigate any complaint and will notify you of the making of a decision in relation to your complaint as soon as is practicable after it has been made.

Third Party Websites

Links on our websites or accessible through our other Services to websites that are operated by third parties are provided solely as a convenience to you. If you use these links, you will leave our website or other Service. LovEarth has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, LovEarth does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any third-party websites, you do this entirely at your own risk.

Changes to this Privacy Policy  

We reserve the right to change and update this Privacy Policy at any time. Any such changes will be posted at this website. The date of the latest update to the Privacy Policy is set out at the top of the Privacy Policy. Changes to the Privacy Policy are effective at the time they are posted to this website, and your continued use of a Service shall signify your acceptance of, and agreement to be bound by, those changes.  We recommend you check this website regularly for changes to the Privacy Policy.

Contact Details

Our contact details are as follows. 

By telephone

1300 787 234

By email

info@lovearth.com.au

 

Terms of Use

Last revised as of 20 June 2017

1.   Introduction

In these terms of use ('Terms of Use') use of the terms:

(a)     'we', 'our' or 'us' refers LovEarth Pty Ltd; and

(b)     'you' and 'your' refers to the user and/or viewer of any of the Websites. If the person accessing any of the Websites does so on behalf of, or for the purposes of, another person, including a business or organisation, then 'you' or 'your' also refers that other person, including any business organisation.

These terms of use apply to and govern your use of:

(a)     the websites located at the URL www.lovearth.com.au;

(b)     our Facebook page (located at the URL  https://www.facebook.com/LovEarthYogaMats); and

(d)       any other online presence which incorporates these Terms of Use by reference

(together, 'the Websites') and material contained in, or accessed through any of the Websites, including any text, graphics, images, information architecture, coding or other material on the Websites or which is part of goods and services purchased on the Websites ('Our Content').

These Terms of Use also apply to and govern your purchase and use of all goods and services purchased on the Websites.

These Terms of Use should be read in conjunction with our Privacy Policy above.

2.   Agreement to be Bound

By accessing or using any of the Websites or Our Content or purchasing any goods or services by way of the Websites, you are deemed to accept these Terms of Use, which, together with our Privacy Policy govern our relationship with you in relation to this Website and your use of goods and services purchased by way of the Websites.  

3.   Use of the Websites, goods and services and Our Content

All copyright and other intellectual property rights in any material contained on the Websites, all goods and services available for purchase by way of the Websites and Our Content, is owned by us/or our licensors.

Subject to these Terms of Use, we authorise you, for informational purposes in connection with the purchase or evaluation of our products and services or in the exercise of any membership rights described in the Websites to:

(a)        view the Websites, using your web browser;

(b)       post a link of any of the Websites provided that you must not alter Our Contents, or reproduce, frame or reformat the Our Content (including any files and pages), unless you have obtained our prior express written permission;

(c)        view and download Our Content;

(d)       make copies of any of Our Content, provided that you must not:

(i)        remove or alter any copyright or other proprietary notices contained in Our Content;

            (ii)        modify, reproduce, display, perform, distribute, prepare derivative works from Our Content; or

            (ii)        transfer Our Content to any other person; and

(b)        where invited to do so, share Our Content on social media.

You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify, publish or otherwise use the Websites or Our Content, except as permitted by statute or with our prior written consent.

For the avoidance of doubt, in no event are you permitted to use the Websites or Our Content, to sell a product or service, or to increase traffic to any URL, other than the Websites, for commercial reasons, such as advertising sales.

You are responsible for the use of all goods and services you purchase via the Websites.

4.   Information and content you make available

To the extent that you submit, post, transmit or otherwise make any material (including any information, text, images, graphics, audio, or any other materials) ('Your Content') available on any of the Websites or by way of any goods and services purchased via the Website, you represent and warrant to us that you own all Your Content.

You grant to us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable and transferable licence to use, reproduce, communicate, modify, create derivative works, communicate, publish, transmit and distribute Your Content, as we see fit, for the purposes of our business. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in Your Content. You warrant that you have the right to grant the above licence, that our exercise of the licensed rights above will not infringe the intellectual property rights of any person, breach any duty of confidence, or breach any law.

You may not make any statements on, or provide or post any information to, the Websites or by way of any goods and services purchased via the website, that are defamatory, threatening, obscene, harassing, indecent, inflammatory or pornographic material.

5.   No Interruption

You agree not to interrupt or attempt to interrupt the operation of the Websites in any way. Without limiting the above, you must not transmit to or via the Websites any virus or other information or material or otherwise use the Websites in a way which tampers with any Website or Our Content, hinders the operation of any Website, makes unauthorised modifications to any of the Websites or Our Content or inhibits any other user from using any of the Websites.

6.   International Users

The Websites are intended for use by persons in Australia. We make no representation that the Websites or Our Content are appropriate or available for transmission to or from, or use in, locations outside of Australia. If you access the Websites from a location outside of Australia, you are responsible for compliance with all local laws.

7.   Changes to the Websites or Our Content

We may:

(a)        terminate, change, suspend, restrict, discontinue any aspect or the Websites, any features of the Websites or Our Content;

(b)        revoke or restrict your use, on any of the Websites, or features and services on any of the Websites; or

(c)        terminate any rights or license given to you to use any of the Website or Our Content,

from time to time, without notice or liability. On any such termination, you must immediately destroy Our Content that you obtained from or through the Websites and that are in your possession or control.

We are not responsible for any unauthorised changes to the Websites.

8.   Responsibility for user account

We may assign you a username and a password ('Password') and you may be required to provide information about yourself for the purposes of your use and access of the Websites (together, 'User Account Information'). In relation to User Account Information, you agree:

(a)              not to misrepresent your identity or impersonate any other person (including by using another person's name or any other personal identifier);

(b)              to provide accurate, complete and current information; and

(c)              to notify us immediately in the event that any of your User Account Information is compromised, subject to unauthorised use or you become aware of any of breach of security related to the Websites.

You remain fully responsible for all activity performed using your User Account Information. Unless you notify us otherwise, and we have had a commercially reasonable time to respond, we assume that every transaction entered into, every authorization received, and every act or omission undertaken using your User Account Information are fully authorised by you. You agree to:

(a)        keep your Password confidential;

(b)        change your Password from time to time, or as directed by us;

(c)        ensure your Password does not contain common words or names of pets, family members, celebrities, or other words that are easily guessed.

9.   Other Provisions

Certain areas and features of the Websites may contain terms and conditions specific to those areas and features, such as where you download and purchase our goods and services. Such terms and conditions are in addition to these Terms of Use and prevail over these Terms of Use only to the extent it is not possible to construe these Terms of Use consistently with such other terms and conditions.

10.  Warning regarding linked websites and Other Users

The Websites may contains links or reference to other websites owned by third parties ('Third Party Websites'). These links and references are provided for your convenience only, and we do not specifically endorse any organisation, association or entity referred to in, or linked to, any Third Party Websites. Views or recommendations provided in any Third Party Websites do not necessarily reflect those of us and we have no responsibility for the content contained in any Third Party Website.

We do not investigate or vet any users of the Third Party Websites or any operators of the Third Party Websites. You should not assume that any information you receive through any Third Party Website is true, accurate, reliable, suitable or verified by anyone. To the maximum extent permitted under any law we are not, and will not be, liable to you for any Loss (as that term is defined below) suffered by you from your use of any material provided by or through the Third Party Websites, or resulting from any act or omission of any other person, whether a user or owner of any Third Party Websites.

11. Use of Third Party Intellectual Property and Materials

The Websites and goods and services purchased by way of the Websites may contain:

(a)        trademarks or other intellectual property right owned by third parties ('Third Party IP');     and/or

(b)       third party software or other products which you may be able to download, access or use which are owned by third parties ('Third Party Materials').  

Nothing on any of the Websites should be construed as granting any license or right of use of any Third Party IP or Third Party Materials contained on any of the Websites or contained within any goods and services purchased by way of the Websites. You may not use in any way the Third Party IP or any Third Party Material without the prior written consent of the owner of that Third Party IP or Third Party Material.

We do not endorse or make any representations in respect of Third Party Materials or any results that may be obtained from their use. If you decide to download, access or use any Third Party Materials you do this entirely at your own risk.

12. Consumer Guarantees

In these Terms of Use: 

'Consumer' has the meaning given to that term in where Australian Consumer Law is applicable, section 3 of the Australian Consumer Law.

Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ('Consumer Guarantees').

Where you as a Consumer acquire goods and services from us under these Terms of Use by way of the Websites and:

(a)           where the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption ('PDH Goods or Services'), the operation of the applicable Consumer Guarantees cannot be, and are not in these Terms of Use, excluded, restricted or modified;

(b)          in Australia, where the goods or services are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to (at our option): (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied; or

 (e)    we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms of Use or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.

13. Our Liability

YOU ACKNOWLEDGE THAT THE INTERNET IS AN UNSECURE PUBLIC NETWORK WHICH MEANS THERE ARE RISKS THAT INFORMATION SENT TO OR FROM THE WEBSITES MAY BE INTERCEPTED, CORRUPTED OR MODIFIED BY THIRD PARTIES. IN ADDITION, YOU ACKNOWLEDGE THAT GOODS AND SERVICES PURCHASED OR FILES OBTAINED FROM OR THROUGH THE WEBSITES MAY CONTAIN COMPUTER VIRUSES, DISABLING CODES, WORMS OR OTHER DEVICES OR DEFECTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, AND USE OF, THE WEBSITE, ALL GOODS AND SERVICES PURCHASED BY WAY OF THE WEBSITES AND OUR CONTENT IS AT YOUR OWN RISK.

YOU BEAR THE RISKS AND RESPONSIBILITY FOR ANY LOSS (AS THAT TERM IS DEFINED BELOW) CAUSED, DIRECTLY OR INDIRECTLY, BY THESE RISKS, AND WE ACCEPT NO LIABILITY FOR ANY INTERFERENCE WITH, OR LOSS TO, YOUR COMPUTER SYSTEM, SOFTWARE OR DATA OCCURRING IN CONNECTION WITH THE WEBSITES AND ALL GOODS AND SERVICES PURCHASED BY WAY OF THE WEBSITES.

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE FROM THESE TERMS OF USE ALL REPRESENTATIONS, GUARANTEES, CONDITIONS, WARRANTIES, RIGHTS, REMEDIES, LIABILITIES AND OTHER TERMS THAT MAY BE CONFERRED OR IMPLIED BY STATUTE, GENERAL LAW OR CUSTOM, EXCEPT ANY GUARANTEE, IMPLIED TERM OR RIGHT CONFERRED UNDER ANY LEGISLATION, THE EXCLUSION OF WHICH WOULD CONTRAVENE LEGISLATION OR CAUSE ALL OR PART OF THIS CLAUSE TO BE VOID.

EXCEPT FOR ANY LIABILITY UNDER THE CONSUMER GUARANTEES, WE EXCLUDE ALL RESPONSIBILITY AND LIABILITY ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITES, ALL GOODS AND SERVICES PURCHASED BY WAY OF THE WEBSITES AND OUR INFORMATION, INCLUDING, WITHOUT LIMITATION:

(a)              ANY AND ALL ACTUAL OR ANTICIPATED LOSS OF PROFITS, REVENUE, GOODWILL, SAVINGS, DATA, BUSINESS OPPORTUNITY, OR EXPECTATION, AND ANY AND ALL INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL COSTS AND EXPENSES, REGARDLESS OF WHETHER INCURRED OR AWARDED) ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ('LOSSES');

(b)              LOSS ARISING FROM YOUR USE OF THE GOODS OTHERWISE THAN IN ACCORDANCE WITH THE INSTRUCTIONS FOR USE (WHICH ACCOMPANY AND/OR ARE EMBEDDED IN THE GOODS); AND

(c)              ANY OTHER LOSSES.

IN ANY EVENT OUR LIABILITY TO YOU IN CONNECTION WITH ANY ORDER OF GOODS AND SERVICES WILL NOT EXCEED THE TOTAL PRICE CHARGED FOR THE GOODS PURCHASED.

14. Your Liability

YOU AGREE TO INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS (INDEMNIFIED PERSONS) FROM, AND TO HOLD EACH INDEMNIFIED PERSONS HARMLESS AGAINST ANY LOSSES OR CLAIMS, ACTIONS OR DEMANDS REASONABLY AND PROPERLY SUFFERS OR INCURRED BY ANY INDEMNIFIED PERSONS, RESULTING FROM YOUR BREACH OF THESE TERMS OF USE OR MISUSE OF ANY GOODS AND SERVICES PURCHASED BY WAY OF THE WEBSITES.

15. Partial Invalidity

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

16. Orders

You must be aged 18 or over and resident in Australia before you can place an order via the Websites. We will send you an email to acknowledge receipt of your order. Please note that neither this acknowledgment nor receipt of your credit card details amounts to an acceptance of your order. Occasionally, goods and services may go out of stock or be otherwise unavailable after payment has been debited from your account. If this happens we will notify you by email and credit your account as soon as possible. Our acceptance of your order takes place upon us notifying you by email that the goods and services are available and will be dispatched to you at which point you are committed and the purchase contract is made.

You will have an opportunity to identify and correct any input errors you make until you press the confirm order button.

We reserve the right to decline all or part of your order before the contract is made for any reason whatsoever. If we do this we will notify you by email.

17. Prices

Prices quoted on the Websites are correct at the time of publishing. Goods and services are priced in Australian dollars ($AU). Prices are expressed inclusive of Goods and Services Tax ('GST') which will be charged at the current rate as shown on the on-line order form and are exclusive of delivery charges. Where they apply, delivery charges will be added to the price of the goods and services purchased so that the on-line order form shows the total charges which we will debit. (Please see our Shipping and Returns policy in the FAQ) for a full list of delivery charges and how they are calculated.)

The prices indicated apply only to on-line purchases and are not indicative of the price of identical goods and services purchased at any retailer or by any other means. Prices may change from time to time so please check the up to date pricing before you submit your order.

18. Credit and debit card payment

You shall make payment for the goods and services by supplying your credit/debit card or PayPal details in the on-line order form. All purchases made are subject to authorisation by the issuing card authority or PayPal (as appliable). We take precautions to keep the details of your order and payment secure.

Security of your payment details is important to us and your payment and credit card details to are handled by Stripe, who have their own security arrangements which can be viewed at Stripe's website.

The Internet is not a secure medium, and we are unable to accept any responsibility for any losses caused as a result of unauthorised access to credit card and payment related information you provide us when placing an order except where this is caused by our negligence.

19. Goods Specifications

We do not sell goods and services on a trial basis. You must check the suitability and specifications of goods and services before ordering. Nothing in this section affects your statutory rights or any other rights set out in these Terms of Use.

We make every effort to supply the goods and services as advertised on the Websites but reserve the right to vary actual dimensions and specifications without prior notice, to reflect upgrades or improvements to our products from time to time.

We attempt to ensure that the colours of our goods are displayed on the Websites as accurately as possible. As the colours you see will depend on the resolution of your monitor, we cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the goods delivered.

20.  Availability

If for any reason goods and services that you order are no longer available we will notify you promptly and either:

(a)             give you the option of receiving alternative goods and services of similar price and quality; or

(b)              cancel the item from your order and refund you in full for that item.

If you do not wish to accept the alternative goods and services offered you may cancel the order for those goods and services and require any money paid to us in respect of those goods and services to be refunded in full.

21. Force Majeure

Where, in spite of our reasonable efforts, we are unable to perform an obligation due to an act of force majeure including acts of God, civil commotion, riots, flood, drought, fire and legislation, we shall not be deemed to be in breach of our contract with you.

22. Governing Law

These Terms of Use are governed by the laws of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that jurisdiction.

23. Revisions to Terms of Use

We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these Terms of Use at any time. Changes in these terms of use will be effective when the revised terms of use are posted on the Websites. Your use or continued use of any of the Websites, any goods purchased by way of the Websites or Our Content after any changes will be deemed acceptance of those changes.