Terms & Conditions

 

Web Terms, Conditions and Privacy Policy

 Welcome to our web site. The following document contains the Terms and Conditions that govern your use of this website. They describe your rights and responsibilities. Please take a few minutes to review these Terms and Conditions. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this web site.

This Site is owned and operated by Profile Products (Australia) Pty Ltd ABN 99 055 756 182 (hereinafter referred to as “'we', 'us', 'our' or 'it'). We reserve the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for such changes.

Product Description and Colours

We have done our best to display as accurately as possible the colours and size of the products shown on this web site. However, because the colours and size you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour or size will be accurate.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst we make every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Submissions

We welcome your comments regarding this web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Communication from us

As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

Your use of the Website

While utilising our website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar individuals thought to be conducting such activity. 

You may not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, or to any other services offered on or through the website by hacking or any other illegitimate means. 

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the website or our systems or networks, or any systems or networks connected to the website.

Copyright/Trademark Information

This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is subject to copyright. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. Our name or any trademark or logo appearing on the website may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from us. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Indemnification

You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify us under this Section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.

Limitation of Liability

WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WE DO NOT WARRANT THAT OUR WEBSITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS AND CONSEQUENTIAL DAMAGES. 

Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us. 

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers. 

PRIVACY POLICY

By using the website, you consent to the collection and use by us of any personal and other information you provide whilst using the website in accordance our Privacy Policy (Privacy Policy). If you do not agree to the Privacy Policy, please do not use the website. 

What sort of information do we collect?

We collect personal information in accordance with the relevant privacy laws in Australia. Personal information is collected about you only when you participate in contests, competitions or registration or when you visit certain parts of a website where you are invited to provide content, submissions and suggestions or participate in interactive online activities (i.e. community postings, voting, chat or bulletin boards). Personal information can include your name, e-mail address, credit card details, demographic information about you (such as your postcode and age) and any other information of a personal nature which you provide. Please keep in mind that whenever you give out personal information via bulletin boards on the website that information can be viewed, collected and used by other people visiting the website. While we strive to protect our user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

We also collect non-personal information such as your IP address and uses 'cookies' on the website. The information it obtains from collecting IP addresses and using 'cookies' is not personal information about you. For more information, please read the section on IP addresses and cookies below. 

So that we can continue to offer you great offers and promotional information, we give you the opportunity to say yes to being contacted by us by e-mail or SMS. This is totally your choice and you can opt out of future contact whenever you want.

How do we use and disclose personal information?

We use personal information to process e-commerce transactions or to contact you about products or services or send you information that may be of interest to you.

Unless otherwise disclosed during collection, we will not provide any personal information, to any third party for any purpose whatsoever. Please note, if you provide your credit card information to us in order to conduct an e-commerce transaction on the website, we will provide your information to participating merchants in order to process that transaction. We are not responsible for how that information may be used by participating merchants.

We will not transfer personal information about you to an organisation outside Australia without your consent.  If at any stage we are required by law or legal process to release personal information about you, we must cooperate fully.

How do we keep your personal information secure?

We cannot guarantee, in every circumstance, the security of the personal information you provide on the website.  All incoming encrypted information is routed through our firewall, which serves as a gatekeeper for our system. Only data containing the correct authorisation is permitted past the firewall. Attempts to pass the firewall are constantly monitored for suspicious activity.

How do you change/correct your personal information?

If you personal information changes, or if you no longer desire to utilise our products/services, you can request that your website account is deactivated by:

  1. emailing [email protected]
  2. calling us during office hours on (02) 9476 4568
  3. mailing us 

Profile Products (Australia)
PO Box 747
St Ives NSW 2075
Sydney, Australia 

How do we use IP Addresses and 'Cookies'?

We collect IP addresses for the purposes of system administration and usage analysis of the website and to report aggregated information to its advertisers. We use 'cookies' to track how and when guests use its website. 'Cookies' are used to see which areas are popular and which are not. Many improvements and updates are made to the website based on data collected by 'cookies' such as total number of visitors and pages viewed. This information is most easily tracked with cookies. If you accept the first tracking cookie from the website, you won't be offered as many afterwards. If you'd prefer, you can set your web browser to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the website, such as shopping will not function properly if you do so.

We do not use cookies to:

  • retrieve information from your computer that was not originally sent in a cookie. 
  • identify specific individuals, except in such cases as online shopping.
  • Except as described above, we do not use the information transferred through cookies for any promotional or marketing purposes, nor is that information shared with any third parties.