These Terms and Conditions are between Media Whitsunday Pty Ltd (the Publisher) and individual and business entities (the User) choosing to access www.mediawhitsunday.com.au (the Website) or purchase goods through www.mediawhitsunday.com.au (the Purchaser).
By using the Website, the User or Purchaser agrees to all the Terms and Conditions.
Any failure by the Publisher to exercise or enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision.
The Terms and Conditions constitutes the entire agreement between the User or the purchaser and the Publisher, superseding any prior agreements (including but not limited to any prior versions of the Terms and Conditions).
If any provision of these Term and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for some reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions if the Terms and Conditions will continue in full force and effect.
Website content, including all pre-existing copyrighted material, shall remain the sole property of the Publisher or its suppliers and the Publisher or its suppliers shall be the sole owner of all rights in connection therewith. Apart from any fair dealing for the purposes of private study, research, criticism or review as set out in the relevant provisions of the Copyright Act, no part of the Website may be reproduced by any process whatsoever without the written consent of the Publisher.
Warranties and Representations
To the best of Media Whitsunday's knowledge, the content of this website does not breach any local, state, federal or international legislation nor does it infringe the rights of any third party. Media Whitsunday makes no warranties whatsoever, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the Website's contents.
The User agrees to indemnify, save and hold harmless the Publisher from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, action by a third party arising out of any breach of responsibilities, obligations or representations or warranties. We work hard to ensure the Website is always available but can't guarantee that the Website will not have downtime for whatever reason. We reserve the right to close the Website for general maintenance. We will not be responsible for any reason that all or part of the Website is unavailable at any time, for any length of time. The Website shall not be deemed in breach of these Terms and Conditions or stock delivery obligations to complete any service or any portion thereof by reason of fire, earthquake, labour dispute, act of God or public enemy, death, illness or incapacity of the Publisher or any local, state, federal, national or international law, governmental order or regulation or any other event beyond the Publisher's control (collectively, 'Force Majeur Event').
Governing Law and Dispute Resolution
The formation, construction, performance and enforcement of these Terms and Conditions shall be in accordance with the laws of Australia and the State of Queensland. The Publisher is not responsible for the improper use of information within the Website, or for items purchased from the Website.
Prices indicated are shown in Australian dollars and do not include delivery. Delivery costs are clearly shown and invoiced at the end of the order. We reserve the right to modify prices at any time but this will be indicated to you at the time of order placement. If an obviously incorrect price appears on the Website and is not corrected on your total at the time of order completion, for whatever reason, your order will be cancelled and the payment refunded to you.
If a product should become unavailable after your order has been confirmed and paid for, if relevant we will offer a replacement product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline the offer, and the original product is permanently unavailable, we will reimburse the price paid in the original transaction. We will refund the price you paid within 30 days following payment date. If your order contains products that are temporarily unavailable, we will send available products and ship outstanding items at our cost once available.
The Publisher currently offers one way to pay for your order, through a secure payment gateway provided by PayPal. This gateway allows payments from a Paypal account or selected credit cards. Payments do not cost you any further fees. You do not need to hold an account with Paypal to pay through their gateway. Please refer to Paypal for full terms and conditions [https://www.paypal.com/au/webapps/helpcenter/helphub/home/] of use.
Your order will be delivered to the address indicated when placing order. Delivery to any mainland Australia address is permitted. It is the Purchaser's responsibility to provide an address to which delivery can be effected whether by Australia Post or a courier. The Publisher cannot be responsible for either delivery delays or loss or damage caused by third party deliverers or unforeseen circumstances or an Act of God. The Publisher will investigate with the deliverer any reasonable delays or damage on receipt of a claim from the Purchaser and this may take several days during which time no reimbursement or re-delivery will occur.
Right of Return The Purchaser has 14 working days following delivery to return a product undamaged and in its original unworn and undamaged packaging. A completed and signed returns coupon must accompany the item. Claims coupons are available on request [link to Contact us]. Return in any other condition, outside the time limitation or without a returns coupon will not qualify for reimbursement. Freight costs of returns remain the Purchaser's responsibility.
Privacy and protection of personal data
What information do we collect?
We collect information from you when you register on our site, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, delivery address or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalise your experience (your information helps us to better respond to your individual needs)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions and to deliver purchased items.
- Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To administer a contest, promotion, survey or other site feature.
- To send periodic emails.
- The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorised with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, addresses etc.) will not be stored on our servers.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Privacy Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the Privacy Act. We therefore will not distribute your personal information to outside parties without your consent.
Children's Online Privacy
We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
By using the Website site, you consent to this Privacy and Protection of Personal Data policy.