Terms and Conditons

About the Website 

Welcome to www.kyoornaturals.com (the ‘Website’).  The Website is operated by Organix Lab Pty Ltd (ACN 640699216) and provides you, the user, with the opportunity to browse and purchase various products that have been listed for sale (the ‘Products’). The Website provides this service by way of granting you access to the content on the website (the ‘Purchase Services’). Throughout the Website, the terms “we”, “us”, “Kyoor” and “our” refers to Organix Lab Pty Ltd. 

Please read these terms and conditions (the ‘Terms’) carefully.  By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree with the Terms, then you must immediately cease usage of the Website, or any of the Purchase Services.  Your use of the Service is at your own risk. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.  The Terms also govern your use of the Website, regardless of the means of access, whether that be from a computer or mobile device.  

The Website is hosted on Shopify Inc. Shopify Inc provide us with the online e-commerce platform that allows us to make available our Purchase Services and Products to you. 

 

Acceptance of Terms  

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state of province of residence and you have given us your consent to allow any of your minor dependents to use this site.   

By accessing the Website on someone else’s behalf, you represent that you have the authority to do so and accept the Terms on their behalf. To the extent that you do not have such authority, you agree to be bound by the Terms and to accept liability for any harm or loss caused by any wrongful use of the Website and Purchase Services resulting from such access or use. 

 

Privacy 

Please review our Privacy Policy, which also governs your visit to the Website, for details about what information we collect and how we use it. The policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our Privacy Policy. 

 

Shipping & Return Policy 

Shipping of products is subject to our Shipping Policy.  Please review our Shipping Policy which governs purchases made on the Website and explains our sales practices. 

 

Accuracy, Completeness and Timeliness of Information 

We attempt to be as accurate as possible when describing our products on the Website, however, to the extent permitted by applicable law, absolve ourselves of any responsibility if information made available on this site is not accurate, complete, reliable, error-free or current.  The Website is provided free of charge and on that basis Organix Lab Pty Ltd have no obligation to continue to maintain it and will not be held liable for any loss or damage you may incur as a result of any failure to maintain or update the Website. 

The Website may contain certain historical information, which may or may not be current and is provided for your reference only. To that extent we will not be held liable for any reliance on the material of the Website, which is general in nature and should not be relied upon as the sole basis for making decisions without consulting primary more accurate, more complete or more timely sources of information.  Organix Lab Pty Ltd reserve the right to modify or update the content of the Website at any time but are under no obligation to do so. We may also, at any time and without prior notice, withdraw the Website from use and terminate any or all of the rights granted by the Terms. 

 

Intellectual Property 

The Website, the Purchase Services and all of the related products of Organix Lab Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website, including but not limited to text, graphics, logos, button icons, video, audio clips, data complications and software (collectively, the “Content”) are owned or controlled for these purposes and are reserved by Organix Lab Pty Ltd or its contributors. 

The trademarks, logos, and service marks displayed on the Website (collectively, the ‘Trademarks’) are the registered and unregistered marks of Organix Lab Pty Ltd, our affiliates, partners or licenors, in Australia and other countries, and are protected by Australian and international trademark laws.  

Organix Lab Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you (a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Organix Lab Pty Ltd, (b) the right to use or explain a business name, trading name, domain name, trademark or industrial design, or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). 

You may not, without the prior written permission of Organix Lab Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, sell, show or play in public, adapt or change in any way the Content or third-party content for any purpose without our prior written consent. Request for permission should be directed to the addresses specified below: 

Info@kyoornaturals.com 

Organix Lab Pty Ltd 

Suite 80, Level 4, 80 Market Street, 

South Melbourne, VIC 3205  

Australia  

 

Electronic Communications 

The information communicated on the Website, or via other forms of electronic media, such as email, constitutes an electronic communication.  You agree that we may communicate with you electronically, and that such communications are equivalent to communicating in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. 
 

Your Obligations and Responsibilities 

In accessing or using the Website, you shall comply with these Terms and the special warnings or instructions for access or use posted on the Website. In addition to other prohibitions set forth in the Terms, you agree not to use the Website or its content: 

  1. For any unlawful purpose 
  1. To solicit others to perform or participate in any unlawful acts 
  1. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 
  1. To infringe upon or violate our intellectual property rights or the intellectual property rights of others; 
  1. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;  
  1. to submit false or misleading information;  
  1. To harass or disparage Organix Lab Pty Ltd or its Products or Services or personnel 
  1. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other websites, or the Internet;  
  1. To collect or track the personal information of others;  
  1. To spam, phish, pharm, pretext, spider, crawl, or scrape. To use software robots, spiders, crawlers, or similar data gathering and extraction tools or take away actions that may impose any unreasonable burden or load on the infrastructure of the Website; 
  1. To direct unsolicited emails (spam), or advertising or promotional materials through the Website 
  1. For any obscene or immoral purpose; or  
  1. To interfere with or circumvent the security features of the Service or Website, other websites, or the internet 
  1. To make use of the Website and its Content for anything other than personal use; 
  1. To republish, redistribute, transmit, sell, license, or download the Website and its Content 
  1. To modify, reverse engineer or create any derivative works based upon either the Website and/or its Content 

You agree that you will abide by any third-party company policies and terms necessary in using our Website (such as third-party publisher terms of use or Facebook, Twitter, Instagram, or YouTube terms of use). IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY), YOU SHALL BE HELD LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO ORGANIX LAB PTY LTD, OUR AFFILIATES, PARTNERS OR LICENSORS.  We reserve the right to terminate your use of the Service or Website for violating any of your obligations. 

 

Your Account 

You may choose to register at our Website using an email address/username and password of your choice. You are solely responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer.  You agree to provide only truthful, accurate information, and accept full responsibility for all activities that occur under your account, username and/or password. We reserve the right to refuse service and/or terminate your account(s) without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in Organix Lab Pty Ltd’s best interest to do so. 

 

Billing 

We reserve the right to refuse or cancel any order you place, or limit quantities purchased per person, per household, or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event we amend or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed, however shall not be held liable if we are unable to reach you due to your failure to respond, or failure to provide accurate contact details. 

 

Products and Services 

All descriptions of Products, including pricing for the products, are subject to change at any time without prior notice, at the sole discretion of Organix Lab Pty Ltd.  

We reserve the right, but are not obligated, to limit the sales of the Products or Purchase Services to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of and Product or Purchase Service offered. We reserve the right to discontinue the Products (or any part thereof) at any time. Any offer for any of the Products or Purchase services made on the Website is void where prohibited.  We do not warrant that the quality of the Products, Purchase Services, or information contained on the Website will meet your expectations, or that any errors in the Purchase Services will be corrected.  

We shall not be held liable for any risk of loss or damage of the Product(s), or any adverse reactions you may develop as a result of using the Product(s), once ownership has been passed on from Organix Lab Pty Ltd to you, the recipient. Transfer of ownership occurs upon you receiving your order.  By placing an order with Organix Lab pty Ltd, you also agree to use the Product or Services only for their intended purpose.  If you use the Product(s) or Services for any other purpose, you will assume full responsibility for any loss or damage arising out of this use.  

 

Distribution of Products 

Individuals are prohibited from purchasing Product(s) for the purpose of redistribution or resale. Organix Lab Pty Ltd reserve the right to limit or prohibit orders that, in its sole judgement appear to be placed by dealers, resellers, or distributors for the above stated purpose, without our prior written consent.  To register your interest in setting up a wholesale business account, you may contact us via the following addresses: 

Wholesale@kyoornaturals.com 

or 

Organix Lab Pty Ltd 

Suite 80, Level 4, 80 Market Street, 

South Melbourne, VIC 3205  

Australia 

 

Breach and Termination 

Organix Lab Pty Ltd may at any time, terminate the Terms with you if (a) in its reasonable opinion, you have breached any provision of the Terms or intent to breach any provision; (b) Organix Lab Pty Ltd is required to do so by law; (c) the partner with whom Organix Lab Pty Ltd offered the Purchase Services to you has terminated its relationship with Organix Lab Pty Ltd or ceased to offer the Purchase Services to you; (d) Organix Lab Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or (e) the provision of the Purchase Services to you by Organix Lab Pty Ltd is, in the opinion of Organix Lab Pty Ltd, no longer commercially viable. 

Organix Lab Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable laws or if you conduct impacts Organix Lab Pty Ltd’s reputation or violates the rights of those or another party. 

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Organix Lab Pty Ltd have benefited form, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. 

 

Linking 

Organix Lab Pty Ltd has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to certain content, web pages, products, services or materials on the site linked to the Website or posted to this Website by anyone other than Organix Lab Pty Ltd.  Third-party links on the Website may direct you to third-party websites that are not affiliated with Organix Lab Pty Ltd, and whilst we may permit some links for convenience, this does not constitute an endorsement by Organix Lab Pty Ltd, its affiliates or partners of the referenced content, product, service or supplier.  Please note that the rules, privacy policies, and practices of linked sites may differ from those of Organix Lab Pty Ltd and should be reviewed prior to you engaging in any transaction or using the link to access the other site.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.   

By connecting to the Website with a third-party service (e.g. Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service, and to store your log-in credentials for that service. 

 

Optional Tools 

You acknowledge that Organix Lab Pty Ltd may provide you with access to third-party tools over which it neither monitors nor has any control nor input.  You acknowledge and agree that it provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Organix Lab Pty Ltd shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).  Organix Lab Pty Ltd may also, in the future, offer new Services and/or features through the Website (including the release of new tools and resources). Such new features and/or Services shall also be subject to the Terms. 

 

User Generated Content 

By providing any information or content to Organix Lab Pty Ltd via the Website or through other means, including but not limited to solicited or unsolicited suggestions, ideas, inquiries, materials, or feedback (collectively, “User Content”), you agree that all such User Content will be under the unrestricted, non-exclusive, non-proprietary, non-confidential, sub-licensable, royalty-free, worldwide, transferable, irrevocable, and perpetual ownership of Organix Lab Pty Ltd to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display such information in any form, media, or technology, or to use in any purpose it sees fit.  You also understand that your submission may be used for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.  You agree that any User Content you provide to us will not violate any right of any third-party, including copyright, trademark, privacy, personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, tortious, harassing, harmful, defamatory, libelous, hateful, racist, violent, infringing, pornographic, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.   

You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.  We also have the right to refuse to post, reject, delete, reformat and edit all User Generated Content, in our sole discretion.   

 

Indemnification 

You agree to indemnify, defend, and hold harmless Organix Lab Pty Ltd, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, contributors, licensors, service providers, subcontractors, suppliers, third party content providers, interns and employees against (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms and/or; (c) any breach of the Terms.  We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. 

This provision does not require you to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.9 

 

Limitation of Liability; Representation And Warranties 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, and will not be held responsible or liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website or by us, by third parties or by any of the Purchase Services offered by us, that may result in (a) an interruption of business; (b) any loss of profit (whether incurred directly or indirectly), goodwill, or business reputation; (c) access delays or access interruptions to the Website and Purchase Services; (d) data non-delivery, destruction, corruption, or other modifications; (e) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (f) any inaccuracies, defects, or omissions in the Website or its content; (g) events beyond our reasonable control. In no event shall our total and maximum aggregate liability arising out of or in connection with the Purchase Services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, exceed one hundred dollars ($100.00). 

Notwithstanding the foregoing, these disclaimers and limitations of liability do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from company intentional misconduct, recklessness, fraud, or gross negligence. 

The terms in this section are valid only to the extent permitted by applicable law. 

 

Jurisdiction; Arbitration Agreement 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 

We are in agreement to arbitrate: By accessing or using the Service, you agree that the exclusive means of resolving any dispute or claim between you and Organix Lab Pty Ltd (including any officer, director, member, manager, employee, independent contractor, agent or representative, or any affiliate of any of these parties (collectively, the “Organix Lab Parties”)) arising out of or relating to (a) the Terms, (b) the Service, or (c) any transaction between us, shall be through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, copyright, trade secret, or patent rights), under which circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.  You further agree that any decision regarding the enforceability or validity of this arbitration provision will be determined by the arbitrator and not by any court.  

What is arbitration: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. In arbitration, your claims are decided by a neutral arbiter rather than a judge or jury, with the arbitrator given the power to grant the same damages and relief that a court can award.  Therefore, decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.  If any provisions of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.  

Arbitration procedures: If you would like to proceed with an arbitration claim, please contact our legal department at legal@kyoornaturals.com for further information on the next steps.  

No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. 

Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Organix Lab Parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ORGANIX LAB PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.  

Opt-Out of Arbitration Agreement: You can decline this Arbitration Agreement by emailing us at legal@kyoornaturals.com or writing us at Organix Lab Pty Ltd, Suite 80, Level 4, 80 Market St, South Melbourne, VIC 3205, Australia and providing the requested information as follows: (1) Your Name; (2) the URL to these Terms and Conditions; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Service. The Opt-Out Notice must be emailed no later than 10 days of your initial assent to these Terms (including your first purchase of any Service or use of the Website).  In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.  

Governing Law/Forum Selection: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia. Any dispute, controversy, proceeding, arbitrary claims or any other claims of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed and interpreted under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.  The validity of this governing law is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.   

 

Severability 

In the event that any provision of the Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the remainder shall remain in force.  Such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

No Waiver 

Failure of Organix Lab Pty Ltd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. 

 

General / Modification 

We reserve the right, in our sole discretion, to modify or remove the Terms, other policies, or the content on the Website at any time.  

We reserve the right to review and change any of the Terms by updating this page at our sole discretion, with any new features or tools which are added to the current Website also being subject to the Terms.  Any changes are effective immediately upon posting to the Website. You can review the most current version of the Terms at any time on this page and are solely responsible for doing so periodically to keep updated of any changes. You should read the Terms before placing an online order and if you do not agree to any change, should immediately cease usage of the Website and Purchase Services.  

Any ambiguities in the interpretation of the Terms shall not be construed against the grafting party. 

 

Contact Information 

If you have any questions about the Terms, please send us an email at info@kyoornaturals.com. 

 

PRIVACY POLICY 

This Privacy Policy (or “Policy”) tells you how Organix Lab Pty Ltd (“KYOOR”, “we,” “us” or “our”) collects, uses, shares, and protects personal information obtained from and about our customers (“you”). It also tells you how you can access and update your information and make certain choices about how your information is used. This Policy covers both our online and offline data collection activities, including information that we collect through our various websites and applications, as well as our offline programs and events. By using our website or by otherwise giving us your information, you agree to the terms of this Policy. If you do not agree to this Policy, you must not use our websites or give us any of your information. 

Contact 

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at policy@kyoornaturals.com 

 

Collecting Personal Information 

What is “personal information”?  

  1. 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:  

- whether the information or opinion is true or not; and  

- whether the information or opinion is recorded in a material form or not.  

 

  1. If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.  

 

What information do we collect?  

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why. 

  • Device information 
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site. 
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels  
  • Disclosure for a business purpose: shared with our processor Shopify  
  • Personal Information collected: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: your identity and contact details (such as your name, address, email address, phone number and date of birth), your history of purchases with us, your KYOOR account details, your shopping or browsing behaviours on our website and details of any enquiries, testimonials, complaints that you make. 

We may collect information about how you access, use and interact with our website. This information may include:  

  1. The location from which you have come to the site and the pages you visited 
  1. The technical data which may include IP address, the types of devices you are using to access the website, device attributes, browser type, version of web browser, language and operating system; and information obtained using cookies or other tracking technologies. 
  1. How you interact with the site.  

We may also collect information about you from third-party sources and platforms (including data validation services, authentication service providers, social networking sites, online marketing and segmentation providers and ad targeting companies) to supplement the information we collect directly from you.  

How we collect your personal information?  

We may collect personal information from you whenever you input such information into the website. This could also include any site or application that we specifically design for use on a cell phone or other mobile device, such as a mobile-enabled site (i.e., WAP site) or mobile application (e.g., iPad/iPhone app). This Policy will only apply if it is posted or linked to on the website or application which you are using. 

We also 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.  

Occasionally, we may obtain information about you from other sources. For example, we may hire a third party data aggregator or vendor to provide us additional information about our existing customers (this is known as “data appending”), including information from your profile or postings on a third party social network. We may also receive information from third party co-sponsors who we may partner with occasionally to run special promotions or giveaways. We may also receive information about customers in the event we acquire other companies. We may also receive information from other methods that are not inconsistent with this Policy. 

  • Order information 
  • Purpose of collection:The purpose for which we collect personal information is to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 

We customarily disclose personal information on to our service providers to assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.  

By using our website, you consent to the receipt of direct marketing material. We will only use you personal information for this purpose if we have collected such information direct from you, and if it is material of a type chich you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.  

  • Source of collection: collected from you. 
  • Disclosure for a business purpose: shared with our processor Shopify, VISA, AMEX, AFTERPAY, PAYPAL [ADD ANY OTHER VENDORS WITH WHOM YOU SHARE THIS INFORMATION. FOR EXAMPLE, SALES CHANNELS, PAYMENT GATEWAYS, SHIPPING AND FULFILLMENT APPS]. 
  • Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number) 

Minors 

The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion. 

Sharing Personal Information 

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example: 

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. 
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 

Behavioural Advertising 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example: 

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. 
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location). 
  • We use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in. 

 

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

You can opt out of targeted advertising by: 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/. 

Using Personal Information 

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers. 

Lawful basis 

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases: 

  • Your consent; 
  • The performance of the contract between you and the Site; 
  • Compliance with our legal obligations; 
  • To protect your vital interests; 
  • To perform a task carried out in the public interest; 
  • For our legitimate interests, which do not override your fundamental rights and freedoms. 

Retention 

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below. 

Automatic decision-making 

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you. 

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data. 

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you. 

Services that include elements of automated decision-making include: 

  • Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours. 
  • Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days. 

Your rights 

GDPR 

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.  

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR. 

CCPA 

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.  

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above. 

Cookies 

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. 

We use the following cookies to optimize your experience on our Site and to provide our services. 

[Be sure to check this list against Shopify’s current list of cookies on the merchant storefront: https://www.shopify.com/legal/cookies ] 

Cookies Necessary for the Functioning of the Store 

Name 

Function 

Duration 

_ab 

Used in connection with access to admin. 

2y 

_secure_session_id 

Used in connection with navigation through a storefront. 

24h 

_shopify_country 

Used in connection with checkout. 

session 

_shopify_m 

Used for managing customer privacy settings. 

1y 

_shopify_tm 

Used for managing customer privacy settings. 

30min 

_shopify_tw 

Used for managing customer privacy settings. 

2w 

_storefront_u 

Used to facilitate updating customer account information. 

1min 

_tracking_consent 

Tracking preferences. 

1y 

c 

Used in connection with checkout. 

1y 

cart 

Used in connection with shopping cart. 

2w 

cart_currency 

Used in connection with shopping cart. 

2w 

cart_sig 

Used in connection with checkout. 

2w 

cart_ts 

Used in connection with checkout. 

2w 

cart_ver 

Used in connection with shopping cart. 

2w 

checkout 

Used in connection with checkout. 

4w 

checkout_token 

Used in connection with checkout. 

1y 

dynamic_checkout_shown_on_cart 

Used in connection with checkout. 

30min 

hide_shopify_pay_for_checkout 

Used in connection with checkout. 

session 

keep_alive 

Used in connection with buyer localization. 

2w 

master_device_id 

Used in connection with merchant login. 

2y 

previous_step 

Used in connection with checkout. 

1y 

remember_me 

Used in connection with checkout. 

1y 

secure_customer_sig 

Used in connection with customer login. 

20y 

shopify_pay 

Used in connection with checkout. 

1y 

shopify_pay_redirect 

Used in connection with checkout. 

30 minutes, 3w or 1y depending on value 

storefront_digest 

Used in connection with customer login. 

2y 

tracked_start_checkout 

Used in connection with checkout. 

1y 

checkout_one_experiment 

Used in connection with checkout. 

session 

Reporting and Analytics 

Name 

Function 

Duration 

_landing_page 

Track landing pages. 

2w 

_orig_referrer 

Track landing pages. 

2w 

_s 

Shopify analytics. 

30min 

_shopify_d 

Shopify analytics. 

session 

_shopify_s 

Shopify analytics. 

30min 

_shopify_sa_p 

Shopify analytics relating to marketing & referrals. 

30min 

_shopify_sa_t 

Shopify analytics relating to marketing & referrals. 

30min 

_shopify_y 

Shopify analytics. 

1y 

_y 

Shopify analytics. 

1y 

_shopify_evids 

Shopify analytics. 

session 

_shopify_ga 

Shopify and Google Analytics. 

session 

 

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. 

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible. 

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org. 

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above. 

Do Not Track 

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser. 

Changes 

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. 

Complaints 

As noted above, if you would like to make a complaint, please contact us by e-mail using the details provided under “Contact” above. 

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or the Office of the Australian Information Commissioner. 

 

 Last updated: [Date