Website Terms of Use

This website (referred to in these Website Terms of Use as the Website) is owned and operated by The Trustee for the Word Bureau Trust trading as The Illawarra Flame (The Illawarra Flame), who is referred to in these Website Terms of Use (the Terms) as we, our or us. 

The term you or your refers to the person, organisation or entity that accesses and/or uses the Website.

The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out in these terms, together with our Online Purchase Agreement (which can be accessed here). By continuing to access the Website you are agreeing to these terms. If you do not agree you should not access the Website.

You acknowledge that you have read, understood and agree to be bound by these terms. 

1. Use of material on the Website
   1. Generally
      1. Except for the limited use set out in clause 1.1(b) you may not use the Website, or the material contained on it, for any purpose. This involves:
         1. the reproduction of the material in any material form;
         2. the distribution of the material in any material form;
         3. re-transmission of the material by any medium of communication;
         4. uploading or reposting the material to any other site on the Internet; and
         5. “framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these terms.

1. Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
2. You may not modify or copy:
   1. the layout of the Website; or
   2. any computer software and code contained in the Website.
3. We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:
   1. re-sold or re-distributed in any material form;
   2. stored in any storage media; or
   3. re-transmitted in any media,

without our prior written consent.

1. Links to other websites
   1. This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.
   2. In relation to the other sites on the Internet, which are linked to the Website, we:
      1. provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
      2. is not responsible for the material contained on those linked sites.
2. Disclaimer 1
   1. We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet.
   2. To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:
      1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
      2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.
   3. We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
      1. acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
      2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
3. Disclaimer 2
   1. We do not warrant, guarantee or make any representation that:
      1. the Website, or the server that makes the site available on the Internet are free of software viruses;
      2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
      3. errors and defects in the Website will be corrected.
   2. We are not liable to you for:
      1. errors or omissions in the Website, or linked sites on the Internet;
      2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
      3. defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

1. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
1. Limitation of liability

Clause 1.3 (disclaimer 1) or clause 1.4 (disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

1. if the breach of an implied warranty or condition relates to services:
   1. the supply of the services again; or
   2. the payment of the cost of having the services supplied again; and
2. if the breach of an implied warranty or condition relates to goods:
   1. the replacement of the goods or the supply of equivalent goods;
   2. the repair of such goods; or
   3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
1. Use of personal information gathered
   1. We and any people or legal entities authorised by us may gather and process the personal information:
      1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
      2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
   2. We may authorise others to offer you goods and services using the information acquired, as described in clause 1.6(a).
   3. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.
2. Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

1. Alteration of Terms of Access
   1. We reserve the right to change these Terms of Access:
   2. with or without further notice to you; and
   3. without giving you any explanation or justification for such change.
2. Intellectual property rights
   1. The Website contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of the Website. 
   2. We own the copyright which subsists in all creative and literary works displayed on the Website unless agreed otherwise. 
   3. You agree that, as between you and us, we own all intellectual property rights in the Website, and that nothing in these terms constitutes a transfer of any intellectual property rights. 
   4. Your use of the Website does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Website without the express written permission of the owner. 
   5. You must not breach any copyright or intellectual property rights connected with the Website. This includes but is not limited to:
      1. altering or modifying any of the code or the material on the Website;
      2. causing any of the material on the Website to be framed or embedded in another website;
      3. creating derivative works from the content of the Website; or
      4. using the Website for commercial purposes.
3. Exclusion of competitors
   1. You are prohibited from using the Website, including all material and information, in any way that competes with our business. 
   2. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. 
   3. We reserve the right to exclude any person from using the Website, and the material and information on it, in our sole discretion.
4. Disputes
   1. You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these terms, prior to resorting to an external dispute resolution process. 
   2. Please notify us in writing of any dispute you may have.
5. Relevant jurisdiction
   1. If any part of these terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these terms and the severed part will not affect the validity and enforceability of any remaining provisions.
   2. These terms will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.
   3. You agree to the jurisdiction of the courts of the State of New South Wales to determine any dispute arising out of these terms.
1. Terms of use relating to uploading material or information to the Website

This Website (referred to in these “terms of use” as the website) is owned and operated by The Trustee for the Word Bureau Trust trading as The Illawarra Flame (The Illawarra Flame), who is referred to in these Terms of Use as “we”, “us”, “our” and similar grammatical forms.

1. Uploading information

You represent and warrant in relation to any material or information you provide to the Website that:

1. you are authorised to provide the material or information;
2. the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
3. the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
4. the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
5. the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.
1. Licence to use intellectual property
   1. By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks (Intellectual Property) on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the Word to:
   2. reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and
   3. allow us to sub-licence others the same rights granted to us in clause 2.2(a) above.
2. Removal of information

In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.

1. Limit of liability

We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:

1. in relation to or in connection with any material or information supplied in respect of advertising on the Website; and
2. as a consequence of removing any material or information from the Website.
1. Indemnity

You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

1. any breach of these terms by you; and
2. publication of or distribution of the material or information supplied by you.
1. Use of personal information gathered
   1. We and any people or legal entities authorised by us may gather and process the personal information:
      1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
      2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
   2. We may authorise others to offer you goods and services using the information acquired, as described in clause 1.6(a).
   3. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.
2. Intellectual property rights

All logos, icons, brand names or service names that identifying the owner and operator of the Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on the Website. Any unauthorized use of the materials appearing on the Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

1. Relevant jurisdiction
   1. If any part of these terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these terms and the severed part will not affect the validity and enforceability of any remaining provisions.
   2. These terms will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.
   3. You agree to the exclusive jurisdiction of the courts of the State of New South Wales of Australia to determine any dispute arising out of these terms.
1. Privacy policy
   1. The Website is operated by The Trustee for the Word Bureau Trust trading as The Illawarra Flame (The Illawarra Flame) who is referred to in this privacy policy as “we”, “us”, “our” and similar grammatical forms.
   2. By using the Website you are accepting the terms of this privacy policy, and you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this privacy policy.
   3. We appreciate that your privacy is important to you, the Illawarra Flame will continue to protect the personal information you provide us and we will manage your personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).
   4. We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.
1. When do we collect information?
   1. We do not automatically collect personal information from you, such as your name, address, phone number, email address or other personally identifiable information about you (personal information). We collect three categories of information when you use the Website:
      1. the personal information you voluntarily provide — that is, we collect personal information with your informed consent;
      2. anonymous non-personal information about how you use the Website; and
      3. “cookie” based information that makes your use of the Website easier by recording your preferences so that when you return to the Website the “cookie” re-loads that information into your web browser.
   2. For example, we will collect personal information from you when you register on the Websites, place an order, subscribe to our newsletter, respond to a promotional offer, competition or survey or fill out a form related to any customer service feature operating on our Websites. 
   3. When creating an account when purchasing goods from our Website you will need to provide certain details so that we can establish and manage your account. 
   4. When you log-into our Website using your Google or Facebook log-in (or use any other log-in connected to any other social media platform) you are allowing that social media platform to share your personal information with us (that is, your personal information related to your log-in with that social media platform, which may include your email address and other personal information). 
2. Why do we need to collect personal information?

We collect personal information when you volunteer that information in order to receive a service from the Website. The personal information collected on the Websites will be used to provide the services you have requested, processing any purchases you may make on the Website. Your personal information may be used in relation to any survey, promotional offer or any competition you may enter on the Website.

1. What information do we collect?
   1. The type of information we collect from you will depend on what services on the Website that you use. The personal information we may collect includes your name, postal address, email address, telephone numbers and contact details and information for identification purposes. If you make online purchases from the Website by credit card or debit card or direct debit from your bank account we may collect your card or bank account details.
   2. General information about visits to the Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from the Website. The anonymous non-personal information that when collect and analyse in not personal information as described in the Privacy Act.
2. Why do we use “cookies” and other web use tracking technologies?
   1. When you access the Website, a small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that the Website can recognise your computer when you next visit the Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to the Websites when you visit us.
   2. We can also log the internet protocol address (IP address) of visitors to the Website so that we can work out the countries in which the computers are located.
   3. We collect information using “cookies” and other tracking technologies for the following reasons:
      1. to help us monitor the performance of the Website so that we can improve the operation of the Website and the services we offer;
      2. to provide personalised services to each user of the Website to make their navigation through the Website easier and more rewarding to the user;
      3. to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and
      4. when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.
   4. Even if you have given us permission to sent you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
   5. If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly 
3. How do we store your information?
   1. We use different technologies and procedures to help protect personal information from unauthorized access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, information firewalls and access authorisation controls to where your personal information is held in data centres. We also use data encryption when personal information is transferred to and from our service providers. Our commitment to data security means:
      1. we have procedures to limit access to personal information within our organisation; 
      2. we use security measures and technologies within our organisation to protect your personal information; and 
      3. we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where credit card information is being transferred.
4. What use do we make of your personal information?
   1. We will communicate with you in relation to any purchases you make from the Website.
   2. We may send you information and updates about any other product, service or information that we provide to our customers; in addition we may send you occasional company news and information about other products and services or special promotional offers. If at any time you would like to stop receiving future commercial messages from us, we include detailed unsubscribe instructions at the bottom of each email.
   3. We may also release your personal information when we believe release is appropriate to comply with the law, website policies and terms & conditions, or protect ours or others rights, property, or safety.
5. How can I access the personal information that you collect?
   1. We are happy to provide you with details of personal information held about you. APP 12 allows you to get access to, and correct, the personal information we hold about you.
   2. To access this information, you need to email or write to us using the contact details below. 
   3. APP 13 allows you to ask us to take reasonable steps to correction any personal information that is inaccurate, out of date, incomplete, irrelevant or misleading.
   4. If you believe that your personal information has been misused, you can inform us of your complaint by writing to our address and we will attempt to resolve the matter.

The Illawarra Flame, PO BOX 248, Helensburgh NSW 2508

E: hello@theillawarraflame.com.au 

1. If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC).

Telephone: 1300 363 992.

Email: enquiries@oaic.gov.au

OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints

1. Third party links

Our Websites may include links to websites operated by third parties. We have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our Websites and welcome any comment about linked websites.

1. Terms and conditions

Please also visit our Terms of Access to our Website (clause 1) and our Terms of Use regarding uploading material or information to our Website (clause 2) which sets out the conditions of use and limitations of liability governing the use of our Website.

1. Your consent

By using our Website, you consent to this privacy policy. 

1. Changes to our privacy policy
   1. If we decide to change this privacy policy, we will post those changes on this page, and update the privacy policy modification date below. 
   2. This privacy policy was last modified on 28 December 2022.