Updated as of April 2005
Elfin Heritage (the “Company” or “we”)
A.C.N. 002 236 875
29 Capella Crescent
Moorabbin, Melbourne Vic 3189
JURISDICTION: State of Victoria, Australia
Mail: Elfin Heritage, 29 Capella Crescent
Moorabbin, Melbourne Vic 3189
Telephone: 03 9532 0310
CONDITIONAL USE OF THIS SITE.
COLLECTION OF YOUR PERSONAL INFORMATION.
USE OF YOUR PERSONAL INFORMATION.
We may use your personal information as follows:
To respond to your questions and requests, to provide you with access to certain areas and features and to communicate with you about your activities on this website.
To share it with our Related Parties as required to perform functions on our behalf in connection with the Site (such as delivery of merchandise, administration of the website or promotions or other features on it, marketing, data analysis or customer services). To do so, it may be necessary for us to transmit your personal information to outside the above Jurisdiction and you agree to this transfer.
Further use or disclosure of the information by them for other purposes is not permitted.
To provide you with product information or promotional and other offers from us or our Related Parties*.
However, at the point of collection of your information we will provide you either an “opt in” or “opt-out” mechanism depending on the requirements of the Site’s Jurisdiction and the Site. An “opt-in” mechanism will provide you the opportunity to positively indicate that you would like or do not object to our sending you such further communications and we will not send you any unless you have “opted-in”. An “opt-out” mechanism will provide you the opportunity to indicate that you do not want us to send you such further communications, and if you “opt-out” we will not send you any.
Either way, opting-in or opting-out will be up to you and, in addition, if you do not want us to use your personal information for a particular purpose or disclose it to a third party, you may “opt out” at any time by contacting us as provided above.
Specific opt-outs may also be provided at the point of collection or along with the communications to you.
Please note though, by opting-out, you may not be able to participate in certain activities on the Site.
For other purposes set out when your information is collected or in any additional terms and conditions applicable to the particular feature of the Site.
For disclosures required by law, regulation or court order.
For the purpose of or in connection with legal proceedings or necessary for establishing, defending or exercising legal rights.
In an emergency to protect the health or safety of Site users or the general public or in the interests of national security.
Except as provided in herein, we will not provide any of your personal information to any third parties without your specific consent.
CHECKING YOUR PERSONAL INFORMATION.
If you wish to verify, correct, access or update any of your personal information collected through this Site, contact us at the above “Contact” address, telephone number or e-mail.
We take the protection of children’s privacy seriously. We operate this website in compliance with all applicable laws in the above Jurisdiction. Children under the age referred to below for the appropriate Jurisdiction for the Site should have a parent/guardian’s consent before providing any personal information to the website. We will not, as provided by applicable law, require or request children under this age to provide more personal information than is reasonably necessary to participate in the applicable activity on the Site. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian’s consent. Without such consent, though, the child may not be able to participate in certain activities. However, in certain circumstances, we may maintain and use such information (in accordance with the rest of this Policy and applicable law) in order to notify and obtain consent from the parent/guardian and for certain safety, security, liability and other purposes permitted under applicable law. A parent/ guardian can review, remove, change or refuse further collection or use of their child’s personal information by contacting us as provided above (include child’s name, address and e-mail address).
Site’s Jurisdiction/Applicable Age
United States & Australia: Under 13 years of age.
Other Jurisdictions: Under 8 years of age.
COLLECTION OF ADDITIONAL INFORMATION.
SECURITY OF YOUR INFORMATION.
We use certain reasonable security measures to help protect information you send to this Site. However, we cannot guarantee the security of such information. To the fullest extent permitted by law, we disclaim all liability and responsibility for any Damages you may suffer due to any loss, unauthorized access, misuse or alteration of any information you submit to this website.
This Site may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Site and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).
Jurisdiction. We control and operate the Site from the above Company Location (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Site shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Site or materials on it are appropriate for use outside of the above Country. The information set forth in this Site concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of this Country, you are solely responsible for compliance with any applicable local laws.
Severability. If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.
Definitions/Interpretation. As used herein:
“Damages” means any and all direct, special, indirect, consequential or punitive loss or other damages of any kind (whether in contract, including fundamental breach, tort, including negligence, or otherwise).
“including” means “including, but not limited to”.
“materials sent to the Site” (and “materials you send to the Site” and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether information, text, material, data or code or other) by you or another user. “Related Parties” means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.
“Site Developer” means any party involved in creating, producing, delivering or maintaining the Site.
“use of this Site” (and “using” and other like terms) means “any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site.”
Changes. Please note, we may change information on this Site and/or this Policy, at any time without notice. You should regularly review this Policy for any changes. Any changes will be effective immediately upon the posting of the revised Policy on this Site. By continuing to use the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.
Contact Us. If you have any questions or comments regarding this Site, please contact us at the above “Contact” address, telephone number or e-mail.
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