Brand Services General Terms and Conditions of Use
These GENERAL TERMS AND CONDITIONS OF USE apply to and bind all third-party end-users of this website including Supply Chain Partners (as defined herein), whether present or prospective.
1. Definitions. In this document, unless the context otherwise requires:
1.1. “Brand Services” means:
1.1.1. Wavenet Pty Ltd (ACN 617 857 637); and/or
1.1.2. Brand Services Australia Pty Ltd (ACN 616 808 587)
1.2. “Supply Chain Partner” means a person or body of persons engaging with Brand Services in any commercial form or setting, for the purposes of providing, rendering, or performing a Supplied Services or any part thereof and shall include instances of assistance in any manner, whether in association, partnership or collaboration, or through subcontracting, with Brand Services and/or other third parties;
1.3. “WaiveNET” means the hierarchical partnership automation, ‘software as a service’ platform hosted by Wavenet Pty Ltd for Brand Services on this web domain (https://www.waivenet.com.au/) which platform includes proprietary modules for content management, document management, project management, e-commerce, warehouse management, customer-care, billing, e-marketing, franchise management, community-net, survey & data, and various incidental or ancillary services.
1.4. “Wavenet” means Wavenet Pty Ltd (ACN 617 857 637).
1.5. “website” means the website and all webpages under the domain name https://www.waivenet.com.au/ and any sub-domains thereto, and any other domains, websites or webpages as Brand Services may choose to operate in connection with the WaiveNET platform.
1.6. Interpretation. In this document, unless specified to the contrary:
1.6.1. “us”, “our”, “ourselves” or “we” or the “Company” (and/or similar expressions) means Brand Services;
1.6.2. “you” or “yourself” (and/or similar expressions) means you, a third-party end-user of this website and/or a Supply Chain Partner (not being an officer, employee, servant or authorised representative of Brand Services);
1.6.3. the singular includes the plural and vice versa;
1.6.4. the words ‘such as’, ‘including’, ‘particularly’ and/or similar expressions are not used as, nor are intended to be interpreted as, words of limitation;
1.6.5. a reference to writing includes any mode of reproducing words, figures or symbols in tangible and permanently visible form and includes in digital form; and
1.6.6. a reference to a person includes a natural person, partnership, joint venture, government agency, association, corporation, trust or other body corporate;
1.6.7. a reference to a party includes the party’s executors, administrators, successors and permitted assigns;
1.6.8. a reference to a document includes all amendments or supplements to that document;
1.6.9. words that are gender neutral or gender specific include each gender;
1.6.10. where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
1.6.11. the language in all parts of this document shall be in all cases construed in accordance with its fair and common meaning and not strictly for or against either of the parties;
1.6.12. this document is to be interpreted so that it complies with all applicable State laws and if any provision does not comply then it must be read down so as to give it as much effect as possible. If it is not possible to give that provision any effect at all, however, then it is to be severed from this document, in which case the remainder of this document will continue to have full force and effect;
1.6.13. any headings are for ease of reference only and do not affect the interpretation of this document.
2. Consent.
2.1. If you use this website and any of its features, you consent to be bound by the terms and conditions set out in this document and elsewhere under this domain (https://www.waivenet.com.au/), and any other laws or regulations which apply to this website.
2.2. If you do not agree with any of the terms and conditions set out in this document, you should immediately refrain from any of the following:
2.2.1. engaging Brand Services via this website for the provision by Brand Services (including any instance of soliciting, enticing, procuring or inducing or any attempts thereof, whether directly or indirectly by you, whether through this website or otherwise) of any kind of services or goods;
2.2.2. using this website or any part thereof, or relying on any information found thereon, for any purpose.
3. Intellectual Property
3.1. Copyright.
3.1.1. All copyright in the website design, text, graphics, their selection and arrangement and all software relating to this website belongs to or is licensed by Wavenet.
3.1.2. Except where necessary for viewing the website on your browser or device, no material from this website may be copied, reproduced, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without prior authorisation in writing by Wavenet, which authorisation may be sought by you from Brand Services.
3.2. Trademarks.
3.2.1. Unless otherwise indicated, all trade marks, trade names and branding on this website (including any iterations or derivatives of the same) belong to and are the exclusive property of Wavenet. No unauthorised use (in any manner, nature or form) is permitted.
4. Disclaimers
4.1. While every effort has been made to ensure that the information contained in this website is free from error, we do not warrant the accuracy, adequacy or completeness of the material on this website. All information is subject to change without notice.
4.2. We recommend that you conduct your own investigations and/or seek independent advice before acting upon material or information contained in this website (including third party material or information in this website).
4.3. We do not represent or guarantee (and nothing in this website or this document is to be construed as being a representation or guarantee) that this website or any third party websites linked to this website will be free from viruses, malware or any other form of harmful electronically-transmitted content, or that access to this website or any third party website will be uninterrupted.
4.4. To the fullest extent permitted by law, we exclude all express and implied warranties or guarantees and all liability, whether direct, indirect, special or consequential, arising from:
4.4.1. any negligence or conduct otherwise relating to the use of this website; or
4.4.2. any inaccuracies and for the failure of any goods or services to comply with any information contained on this website.
4.5. To the extent necessary, nothing in these terms and conditions should be taken to restrict, modify or exclude the application of any condition, warranty, guarantee, right or remedy conferred or implied under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or any other laws or regulations, where to do so would contravene that law, or cause any part of these terms and conditions to be void.
4.6. The provisions herein this document are severable, and where any one of the acknowledgements, covenants, warranties or obligations on your part are deemed by a competent court of law or competent authority to be illegal or unenforceable for any reason, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.
4.7. Links and references to third party content:-
4.7.1. This website may contain links to third party content, domains and websites (“third party content”) which are not created, published or maintained by us. Third party content are not under our control and we are not responsible for the accuracy or veracity of the information, services or goods found therein any third party content; and
4.7.2. The inclusion of a link or links in this website does not by itself imply an endorsement of a third party domain or website or an affiliation or association with their owners, operators or sponsors.
4.8. We reserve the right to change, add or remove any material in or from the website without notice.
5. Privacy.
5.1. We are committed to providing quality services to you and this document outlines our ongoing obligations to you in respect of how we manage your Personal Information.
5.2. We have adopted the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (the “Privacy Act”). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
5.3. A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.
5.4. Definition of Personal Information and purpose of collection:-
5.4.1. “Personal Information” means information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
5.4.2. This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via the WaiveNET platform, from media and publications, from other publicly available sources, from cookies and from third parties.
5.4.3. We collect your Personal Information for the primary purposes of providing our services to you, providing information to our clients and/or customers and for marketing.
5.4.4. We may also use your Personal Information for secondary purposes closely related to the primary purposes above, in circumstances where you would reasonably expect such use or disclosure.
5.4.5. When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
5.5. Sensitive Information.
5.5.1. “Sensitive information” is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
5.5.2. Sensitive information will be used by us only:
5.5.2.1. for the primary purpose for which it was obtained;
5.5.2.2. for a secondary purpose that is directly related to the primary purpose; and/or
5.5.2.3. with your consent; or where required or authorised by law.
5.6. Third Parties. Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
5.7. Disclosure of Personal Information. Your Personal Information may be disclosed in a number of circumstances including to third parties where you consent to the use or disclosure, and where required or authorised by law.
5.8. Security of Personal Information.
5.8.1. Your Personal Information shall be stored by us in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
5.8.2. When your Personal Information is no longer needed for the purpose(s) for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information.
5.8.3. Notwithstanding the above, we may preserve and maintain records of your Personal Information for a minimum of 7 years or longer.
5.9. Access to your Personal Information
5.9.1. You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
5.9.2. We will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
5.9.3. In order to protect your Personal Information we may require identification from you before releasing the requested information.
5.10. Maintaining the Quality of your Personal Information. It is an important to us that your Personal Information is up-to-date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
5.11. Updates to Privacy Terms. Notwithstanding any other provisions herein to the contrary, we may unilaterally update or change the terms of this Privacy clause from time to time, and which updates or changes shall be available on our website and reflected in this document.
5.12. Complaints and Enquiries. If you have any queries or complaints about our Privacy Policy please contact us at: enquiries@brandservices.com.au
6. Jurisdiction and Choice of Law.
6.1. These terms and conditions are governed by the laws in force in the State of Victoria, Australia. Unless otherwise agreed between us and you, in the event of a dispute in relation to these terms and conditions, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them.
6.2. If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.