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Website terms of use


Bianca Rose Phillips (Website Owner) owns and operates this Website. Access to and use of this Website and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). The platform used to operate this website is called Wix.com. By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.


1  Amendments to Terms of Use


The Website Owner reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.


2  Website


Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.


3  Linked sites


This Website may contain links to other websites (Linked Sites), which are not operated by the Website Owner. The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and Service contained within each such site.


4  Privacy policy


Our privacy policy, which sets out how we will use your information is provided on the Website. By using this Website, you consent to the privacy policy and warrant that all data provided by you is accurate.


5  Prohibitions

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You must not misuse this Website. You will not:

  • commit or encourage a criminal offense;

  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

  • hack into any aspect of the Service; corrupt data; cause annoyance to other users;

  • infringe upon the rights of any other person's proprietary rights;

  • send any unsolicited advertising or promotional material, commonly referred to as “spam”; 

  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website; or

  • anything else. 

 

The Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

 

 

6  Intellectual property, software and content


The intellectual property rights in all content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws, common law, equity law and treaties around the world. All such rights are reserved by the Website Owner and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.


7  Disclaimer of liability

 

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

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To the fullest extent permitted by law the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

 

This does not affect the Website Owner's liability arising from any negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable laws.

 

8  Linking to this website


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.


9  Disclaimer as to ownership of trade marks, images of personalities and third party copyright


Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.


10  Indemnity


You agree to indemnify, defend and hold harmless the Website Owner, its employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.


11  Variation


The Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and fees or any page of this Website.

 

12  Refunds

 

Refunds for purchases from this Website are not permitted due to a change of mind or for any reason not permitted under Australian Consumer Law. Refunds permitted under Australian Consumer Law may include those circumstances where the product is not fit for use due to a major defect with the product that cannot be fixed on request made to the Website Owner. Please make enquiries with the Website Owner before lodging an official request for a refund as we would like to help you access our products and services without delay. 

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13  Invalidity


If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.


14  Jurisdiction

 

Any dispute on choice of law will be decided according to the laws of the State of Victoria and Commonwealth of Australia. The choice of forum for any dispute will be the State of Victoria and Commonwealth of Australia. As the user of this Website you irrevocably submit to the jurisdiction of the State of Victoria and Commonwealth of Australia and waive all objections to the jurisdiction and venue of such courts and/or tribunals.   

 

15  Complaints


We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

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Website privacy policy

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This Privacy Policy applies to all personal information collected by Bianca Rose Phillips via the website located at www.biancarosephillips.com.

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1  What is "personal information"?

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The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

(i) whether the information or opinion is true or not; and

(ii) whether the information or opinion is recorded in a material form or not.

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Note: Section 187LA of the Telecommunications (Interception and Access) Act 1979 extends the meaning of personal information to cover information kept under Part 5‑1A of that Act.

 

2  What information do we collect?

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The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: first name, middle name, surname, residential address, billing address, email address, notes left by you when purchasing a product or service and details of your business that are provided by you to us.

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Third parties such as Calendly and PayPal may collect payment and credit card details, as well as other personal information. Wix.com may collect analytical information about site visitors including number of visits and location. Prior to using third party services it is recommended that you read their terms and conditions and privacy policies. To avoid third party collection of your personal information you can contact the Website Owner to arrange a direct bank transfer for the product or service being provided.    

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3  How we collect your personal information

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We may collect personal information from you whenever you input such information into the website.

If you accept cookies when entering our website we will collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

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4  Purpose of collection

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The purpose for which we collect personal information is to provide you with the best service experience possible on the website and to ensure that we have the details required to send you products and arrange services. We do not engage in unsolicited marketing practices.

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5  Access and correction

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Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.

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6  Complaint procedure

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If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by Bianca Rose Phillips and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

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7  Overseas transfer

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Your personal information will not be disclosed by us to recipients outside Australia unless you expressly request us to do so or unless we are required to do so under law. If you request us to transfer your personal information to an overseas recipient, the overseas recipient may not be compliant with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.

 

Your personal information may be transferred by third party services such as PayPal, Calendly, Wix.com and other third party services to recipients according to third party privacy policies. 

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8  How to contact us about privacy

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If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us at biancarosephillips.com.

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