Terms of Service

1. Terms

 By accessing the website at http://colinebsworth.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Colin Ebsworth's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Colin Ebsworth's website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Colin Ebsworth at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Colin Ebsworth's website are provided on an 'as is' basis. Colin Ebsworth makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Colin Ebsworth does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Colin Ebsworth or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Colin Ebsworth's website, even if Colin Ebsworth or a Colin Ebsworth authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Colin Ebsworth website could include technical, typographical, or photographic errors. Colin Ebsworth does not warrant that any of the materials on its website are accurate, complete or current. Colin Ebsworth may make changes to the materials contained on its website at any time without notice. However Colin Ebsworth does not make any commitment to update the materials.

6. Links

Colin Ebsworth has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Colin Ebsworth of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Colin Ebsworth may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Perth and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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Privacy Policy

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us or otherwise collected by us, offline or online including through this website (Site). In this Privacy Policy ‘you’ means any party that provides personal information to us and ‘we’ or ‘us’ means Colin Ebsworth ABN 14 03 668 5722 , successors and assignees.

Please read this Privacy Policy carefully. By providing personal information to us, you consent to our collection, holding, use and disclosure of your personal information in accordance with this Privacy Policy. Please contact us if you have questions, our contact details are at the end of this Privacy Policy.

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or products and services offered on or through it.

1.  Collection of personal information

Personal information: The type of information we collect from you or from third parties, may include:

  • ‍name;
  • ‍images;
  • contact details including email address, mailing or street address and telephone number;
  • ‍age or date of birth;
  • ‍credit card information;
  • ‍demographic information such as postcode;
  • preferences and opinions;
  • ‍information you provide to us through customer surveys;
  • ‍details of products and services we have provided to you or that you have enquired about, and our response;
  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and browsing behaviour;
  • additional personal information that you provide to us directly or indirectly through your use of our Site, associated applications, associated social media platforms or accounts from which you permit us to collect information; and
  • ‍any other information requested by us and/or provided by you.

Your use of our Site: We may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

Your opinion and feedback: We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.

If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

2.  Collection and use of personal information

We collect and use the information for purposes including:

  • to enable you to access and use our Site and any associated applications and associated social media platforms;
  • to contact and communicate with you;
  • ‍for internal record keeping;
  • for analytics, market research and business development including to operate and improve our Site and any associated applications and associated social media platforms;
  • ‍to run competitions or offer additional benefits to you; and
  • for advertising and marketing, including to send you promotional information about our products and services and information and about third parties that we consider may be of interest to you.

You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided in the marketing materials.

3.  Disclosure of personal information to third parties

We may disclose personal information to:

  • credit reporting agencies and courts, tribunals and regulatory authorities where you fail to pay for goods or services provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
  • third parties to collect and process data.

Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer our user databases, together with any personal information and non-personal information contained in those databases, to the extent permissible by law. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith.

4.  Your rights and controlling your personal information

Choice and consent: Providing us with your personal information is optional to you. You can choose not to provide personal information. When you provide us with your personal information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your personal information for these purposes.

Your provision of third party information: If you provide us with third party personal information then you warrant to us that you have the third party’s consent to provide this.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.

Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth) ( Privacy Act). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us using the details below.

5.  Storage and Security

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

6.  Cookies & Web Beacons

We may use cookies on this Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. However, they do allow third parties such as Google and Facebook to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide the Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on this Site from time to time. Web beacons or clear.gifs are small pieces of code placed on a web page to monitor the visitors’ behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

7.  Links to other websites

Our Site may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.

8.  Amendments

This Privacy Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion. Your continued use of our Site following any amendments indicates that you accept the amendments. You should check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.

For any questions or notice, please contact Colin Ebsworth ABN 14 03 668 5722

Last update: 2 October 2017

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