+ At STEMMechanics, we take our customers' privacy and security + seriously. We are committed to protecting your privacy and security + and to complying with the Australian Privacy Principles in the + Australian Privacy Act. +
++ The purpose of the Privacy Policy ("Privacy Policy") is to outline + the personal information collected by us and the use of such + information. The Privacy Policy applies to (stemmechanics.com.au) + and online services (collectively, the "Sites") of STEMMechanics. + ("STEMMechanics"). In this Privacy Policy, "Personal Information" + means information or opinion about an identified individual, or an + individual who is reasonably identifiable in accordance with section + 6 of the Privacy Act 1988 (Cth). +
+
+ By using the Website and our online services, you agree to accept
+ the Privacy Policy and the Site's Terms and Conditions
+
+ Depending on the particular circumstances, we may collect and hold a + range of different information about you. +
+ ++ The types of individually identifiable information we collect will + depend on the purposes(s) for which we are collecting it. For + example, we may ask for: +
++ As well as other similar Personal Information that is needed to + register or subscribe you to our services or offers. If we ever ask + for significantly different information, we will inform you. If you + do not provide certain requested Personal Information to us, we may + not be able to provide you with access to and use of the Site, + provide you with access to our other products and services, or to + fulfil one or more of our functions and activities applicable to + you. +
+ ++ Non-identifiable information is data that has never been labelled + with individual identifiers or from which identifiers have been + permanently removed, and by means of which no specific individual + can be identified. When you visit the Site, our Company servers may + automatically record non-identifiable information that your browser + sends. This data may include: +
++ Non-identifiable information is collected for analysis and + evaluation in order to help us improve our Site and the services and + products we provide. This data will not be used in association with + any other Personal Information +
+We may collect your information in a number of ways, including:
+(a) Directly from you, including but not limited when you:
++ (b) From third parties such as our related entities, business or + commercial partners, and +
+(c) From publicly available sources of information.
++ We may also collect information from you online. See more + information in clause 6. +
++ We may store your Personal Information in hard copy or electronic + format, in facilities that we own and operate ourselves, or that are + owned and operated by our service providers. We take the privacy and + security of your Personal Information seriously and we use a number + of procedures and processes to ensure, where possible, the security + and integrity of your Personal Information. +
+We protect your Personal Information by:
++ To further secure your credit card, we also don't keep details of + your credit card information, including the security code (or CCV + number) that you need to input in order to complete an order using + your credit card. +
++ However, no data transmission over the internet can be guaranteed as + completely secure. Once any information is in our possession, we + will take reasonable steps to protect that information from misuse, + loss, unauthorized access, and modification or disclosure. While we + strive to protect such information, we cannot guarantee 100% the + security of any information (personal or other) you transmit to us. + Therefore, we will not be liable for any breach of security or + unintended loss or disclosure of information due to the Site being + linked to the Internet. +
++ We may use your information for a range of different purposes, + including: +
+(a) to provide products and services to you;
++ (b) to communicate with you, including about products and services, + competition results, special offers, and events which might interest + you; +
++ (c) to answer your questions and provide you with information or + advice; +
++ (d) to create orders, transaction records, agreements for the sale + of products or services, accounts, tax invoices or receipts; +
++ (e) to gain an understanding your information to improve or develop + our products and services; +
+(f) to provide you with better customer services;
+(g) to perform research and analysis;
++ (h) to carry out administration, marketing, planning, fraud and loss + prevention activities, procurement, product and service development, + quality control and research to improve the way STEMMechanics and + our related bodies corporate and service providers provide products + and services to you; and; +
++ (i) to comply with laws or regulations or to comply with any + directions given by regulators or authorities. +
++ We may also use your information so that we, our related entities, + other business or commercial partners can promote and market + products, services and special offers that will be of interest to + you (which may include products, services and offers provided by a + third party). +
++ We collect aggregated information about you which informs us about + our users. The browser information we collect is used in an + aggregated, anonymous manner in our internal analysis of traffic + patterns within our Site. This information is used by us to + administer and improve our education and training products and + services. +
++ We engage a range of third parties to provide services and perform + business support functions for us. Some of those third parties need + access to Personal Information in order to provide the services or + perform the functions we require. Therefore, we may disclose your + information to these third parties to: +
++ (a) assist us in providing products and services you have requested, + such as delivery service providers and fulfilment managers; +
+(b) conduct market research and marketing strategy analysis; and
++ (c) manage or develop our business and corporate strategies and + functions. +
++ Where we share your Personal Information with third party service + providers, they will be contractually bound to use the information + only for the purposes of providing the services or performing the + functions required by us and to store the information securely, for + example, storing in non-human readable form to ensure the security + of your information. +
++ We use "cookies" when you visit our Site. It is a technology that + enables us to operate an efficient service and track the patterns of + behaviour of visitors to the Site. There are four main types of + cookies - here's how and why we use them. +
++ (a) Site functionality cookies - these cookies allow you to navigate + the Site and use our features, such as "Add to Bag" and "Add to + Wishlist". +
++ (b) Site analytics cookies - these cookies allow us to measure and + analyse how our customers use the Site, to improve both its + functionality and your shopping experience. +
++ (c) Customer preference cookies - when you are browsing, these + cookies will remember your preferences (like your language or + location), so we can make your shopping experience as seamless as + possible, and more personal to you. +
++ (d) Targeting or advertising cookies - these cookies are used to + deliver marketing and advertising materials that are relevant to + you. They also limit the number of times that you see an ad and help + us measure the effectiveness of our marketing campaigns. +
++ By using our Site, you agree to us placing these sorts of cookies on + your device and accessing them when you visit the Site in the + future. You can modify the settings on your device to prevent cookie + use. Please note by disabling cookies, you user experience may be + affected and you might not be able to take advantage of certain + functions of our Site. +
++ Under the Privacy Act, individuals have a right to complete access + to their records. You may ask us in writing to provide you with + details of the Personal Information we hold about you. We will + endeavour to process your request as soon as practicable. +
++ If you wish for your Personal Information to be removed from our + database, please contact us at + https://www.stemmechanics.com.au/contact. +
++ If you wish to exercise any of your rights under this Privacy + Policy, have any questions, comments or complaints regarding our + practices, or if you are of the view that we have not adhered to + this Privacy Policy, you can contact us by email to + hello@stemmechanics.com.au. You can find more information about privacy and the protection of + your Personal Information on the website of the OAIC at + https://www.oaic.gov.au. +
++ Please note that this Privacy Policy forms part of the Terms and + Conditions for use of the Site and forms part of the Agreement + between you and us. We may, from time to time, amend this Privacy + Policy, in whole or part, in our sole discretion. Any changes to + this Privacy Policy will be effective immediately upon the posting + of the revised Privacy policy on the Site. Depending on the nature + of the change, we may announce the change on the Site or by email if + we have your email address. However, in any event, by continuing to + use the Site following any changes, you will be deemed to have + agreed to such changes. If you do not agree with the terms of this + Privacy Policy, as it may be amended from time to time, in whole or + partly, you must terminate your use of the Site. +
++ Please read these terms carefully. By accessing or using our website + and online servers, you agree to be bound by these terms and + conditions. Do not use this site or our other online services if you + if you do not agree to all of these terms. If you have any questions + regarding the use of our site, please contact us. These Terms and + Conditions ("Terms") apply to your access to, and use of the website + (stemmechanics.com.au) and online services (collectively, the + "Sites") of STEMMechanics. ("STEMMechanics"). The Terms do not alter + in any way the terms or conditions of any other agreement you may + have with STEMMechanics, or our subsidiaries or affiliates, for + products, services or otherwise. If you are using the Sites on + behalf of any entity, you represent and declare that you are + authorized to accept these Terms on such entity's behalf and that + such entity agrees to indemnify you and STEMMechanics for its + violations of these Terms. +
++ You must be 18 years of age to use the Website. If you are under 18 + years of age you must have the permission of your parent or guardian + to use the Site. +
++ Until you are 18 years old, by using our online services you certify + that your parents or legal guardian has consented to your use and + agreed to these Terms and Conditions on your behalf, and you + acknowledge and agree that your use of our online services is at + their discretion. We may require your parents or legal guardian to + provide a written acknowledgement of these Terms and Conditions on + your behalf before we provide you with part of all of our online + services. +
++ You also represent and warrant that you (a) have not previously been + suspended or removed from the Sites; (b) do not have more than one + Site account. +
++ In consideration of your use of the Sites, you agree to (a) provide + accurate, current and complete information; (b) maintain and + promptly update your account information; (c) maintain the security + of your account credentials; (d) not share your account credentials + with others; and (e) promptly notify STEMMechanics if you discover + or otherwise suspect any security breaches related to the Sites. +
+ ++ Unless otherwise indicated on our Sites, the Sites and all content + and materials therein, including but not limited to the + STEMMechanics logo and all designs, text, graphics, pictures, + information, data, software, sound files, other files and the + selection and arrangement thereof (collectively, "Site Content") are + the proprietary property of STEMMechanics or our affiliates, + licensors, suppliers or users and are protected by international + copyright laws. +
++ You are granted a limited, nonexclusive, non-sublicensable license + to access and use the Sites and electronically copy (except where + prohibited without a license) and print hard copy portions of the + Site Content for your informational, non-commercial and personal + use. Such license is subject to these Terms and excludes: (a) any + resale of the Sites or Site Content; (b) the collection and use of + any product listings, pictures or descriptions; (c) the + distribution, public performance or public display of any Site + Content; (d) modifying or otherwise making any derivative uses of + the Sites and the Site Content, or any portion thereof; (e) use of + any data mining, robots or similar data gathering or extraction + methods; (f) downloading (other than page caching) of any portion of + the Sites, the Site Content or any information contained therein, + except as expressly permitted on the Sites or pursuant to separate + terms; or (g) any use of the Sites or the Site Content other than + for its intended purpose. Any other use of the Sites or the Site + Content, without the prior written permission of STEMMechanics, is + strictly prohibited and will terminate the license granted herein. + Unless explicitly stated herein, nothing in these Terms shall be + construed as conferring any license to intellectual property rights, + whether by estoppel, implication or otherwise. This license is + revocable at any time. +
++ You are granted a limited, non-exclusive right to create a text + hyperlink to the Sites for non-commercial purposes, provided such + link does not portray STEMMechanics or any of our products and + services in a false, misleading, derogatory or otherwise defamatory + manner and provided further that the linking site does not contain + any adult or illegal material or any material that is offensive, + harassing or otherwise objectionable. This limited right may be + revoked at any time. You may not use a STEMMechanics logo or other + proprietary graphic of STEMMechanics to link to the Sites without + the express written permission of STEMMechanics. Further, you may + not use, frame or utilize framing techniques to enclose any + STEMMechanics logo or other proprietary information, including the + images found at the Sites, the content of any text or the + layout/design of any page or form contained on a page on the Sites + without STEMMechanics' express written consent. +
++ STEMMechanics makes no claim or representation regarding the + quality, content, nature or reliability of third-party websites + accessible by hyperlink from the Sites, or websites linking to the + Sites. Such sites are not under the control of STEMMechanics and + STEMMechanics provides these links to you only as a convenience. The + inclusion of any link does not imply affiliation, endorsement or + adoption by STEMMechanics of any site or any information contained + therein. When you leave our Sites, you should be aware that our + terms and policies no longer govern. You should review the + applicable terms and policies, including privacy and data gathering + practices, of any site to which you navigate from the Sites. +
++ The Sites may include discussion blogs, profiles, product reviews or + other interactive features or areas (collectively, "Interactive + Areas"), in which you or other users create, post, transmit or store + any content, such as text, photos, video, graphics or code on the + Sites ("User Content"). User Content is publicly-viewable and + includes your profile information and any content you post pursuant + to your profile, but it does not include your stemmechanics.com.au + account information (also known as "Your STEMMechanics Account" or + "Your Account") or information you submit in order to make a + purchase. You agree that you are solely responsible for your User + Content and for your use of such Interactive Areas, and that you use + the Interactive Areas at your own risk. +
++ By using any Interactive Areas, you agree not to post, upload to, + transmit, distribute, store, create or otherwise publish or send + through the Sites any of the following: +
++ Enforcement of the Terms, however, is solely in our discretion and + the absence of enforcement of these Terms in some instances does not + constitute a waiver of our right to enforce the Terms in other + instances. In addition, these Terms do not create any private right + of action on the part of any third party or any reasonable + expectation or promise that the Sites will not contain any content + that is prohibited by such Terms. Although STEMMechanics has no + obligation to screen, edit or monitor any of the User Content posted + on the Sites, STEMMechanics reserves the right, and has absolute + discretion, to remove, screen or edit any User Content posted or + stored on the Sites at any time and for any reason without notice, + and you are solely responsible for creating backup copies and + replacing any User Content you post or store on the Sites at your + sole cost and expense. +
++ Any use of the Sites in violation of these Terms may result in, + among other things, termination or suspension of your rights to use + the Sites. +
++ Except as otherwise provided herein, on the Sites or in a separate + agreement with us (such as the rules of a STEMMechanics photo + sharing contest), STEMMechanics claims no ownership or control over + any User Content. However, by submitting or posting User Content on + the Sites, you grant STEMMechanics and our subsidiaries and + affiliates a nonexclusive, royalty-free, world-wide, perpetual, + irrevocable, transferable, and fully sublicensable right to use, + reproduce, modify, adapt, publish, translate, create derivative + works from, distribute, perform and display such User Content on the + Sites and on third-party sites and in all other media or formats, + whether currently known or hereafter developed, for any purpose and + without any compensation to you. You also grant users of the Sites + the right to access your User Content in connection with their use + of the Sites. If you choose to remove your User Content, the license + granted above will automatically expire; however, you acknowledge + that there may be exceptions (for example, you cannot delete a vote + you submitted that has already been counted or your purchase + history). In addition, we may retain archived copies of your User + Content and cached copies of your User Content may still be + available for some period of time. +
++ By posting User Content to the Sites, you represent and warrant that + (a) such User Content is non-confidential; (b) you own and control + all of the rights, title and interest in and to the User Content or + you otherwise have all necessary rights to post and use such User + Content to the Sites and to grant the rights to STEMMechanics that + you grant in these Terms; (c) the User Content is accurate and not + misleading or harmful in any manner; and (d) the User Content, and + your use and posting thereof in connection with the Sites, do not + and will not violate these Terms, our Site Rules, any other + applicable STEMMechanics terms, guidelines or policies or any + applicable law, rule or regulation. +
++ Separate and apart from User Content, you have the ability to submit + questions, comments suggestions, reviews, ideas, plans, designs, + notes, proposals, drawings, original or creative materials and other + information regarding the Sites, STEMMechanics and our products or + services (collectively "Feedback"). You agree that Feedback is + non-confidential and shall become the sole property of + STEMMechanics. STEMMechanics shall own exclusive rights, including + all intellectual property rights, in and to such Feedback and shall + be entitled to the unrestricted use and dissemination of the + Feedback for any purpose, commercial or otherwise, without + acknowledgment or compensation to you. Do not send us Feedback if + you expect to be paid or want to continue to own or claim rights in + them; your idea might be great, but we may have already had the same + or a similar idea and we do not want disputes. +
++ You agree that you will not violate any law, contract or + intellectual property or other third party right or commit a tort + and that you are solely responsible for your conduct while accessing + or using the Sites. You also agree to abide by our Site Rules and + that you will not: +
++ In addition to the above rules, you also agree to abide by any + additional STEMMechanics rules in relation to any organised Forum, + Chat, Game and/or Realm Servers. +
++ STEMMechanics has no obligation to monitor any user conduct on the + Sites, and STEMMechanics reserves the right and has absolute + discretion to monitor any user conduct on the Sites at any time and + for any reason without notice. STEMMechanics does not approve or + endorse any user-posted meetings or events referenced on the Sites + and STEMMechanics recommends exercising caution before contacting or + meeting anyone (online or offline) that is unfamiliar to you. +
++ These Terms are for the benefit of, and will be enforceable by, the + parties only. These Terms are not intended to confer any right or + benefit on any third party or to create any obligations or liability + of a party to any such third party. +
++ To the fullest extent permitted by applicable law, you agree to + defend, indemnify and hold harmless STEMMechanics and our + subsidiaries and affiliates, and our respective, directors, + employees, independent contractors, service providers and + consultants, from and against any claims, damages, costs, + liabilities and expenses (collectively, "Claims") arising out of or + related to (a) your access to and use or misuse of the Sites; (b) + any User Content you post, upload, use, distribute, store or + otherwise transmit on or through the Sites; (c) any Feedback you + provide; (d) your violation of these Terms; and (e) your violation + of any rights of another. +
++ Except as expressly provided, the Sites, Site Content, User Content + and services provided on or in connection with the Sites + (collectively, "Complete Site") are provided on an "AS IS" and "WITH + ALL FAULTS" basis without representations, warranties or conditions + of any kind, either express or implied. STEMMECHANICS DISCLAIMS ALL + OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, + IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED + WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS + FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND + NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING + OR COURSE OF PERFORMANCE. STEMMechanics does not represent or + warrant that the Complete Site is accurate, complete, reliable, + current or error-free. STEMMechanics does not represent or warrant + that the Sites or our servers are free of viruses or other harmful + components. +
++ The Site Content, including, but not limited to, STEMMechanics + videos and "Expert Advice" articles, is general in nature and must + be used with an appreciation for the differing capabilities among + individual users and the differing demands placed on equipment and + techniques by the wide variety of circumstances that can be + encountered in outdoor recreation. The information is not a + substitute for in-person guidance by a qualified instructor. +
++ To the fullest extent permitted by applicable law, in no event shall + the STEMMechanics parties be liable for any special, indirect, + incidental or consequential damages, including, but not limited to, + loss of use, loss of profits or loss of data, whether in an action + in contract, tort (including, but not limited to, negligence) or + otherwise, arising out of or in any way connected to the access or + use of the complete site, your online or offline interactions with + other site users, or otherwise related to these terms, including but + not limited to any damages that result from events beyond our + reasonable control, such as interruptions to all or portions of the + complete site, deletion of files or email, errors or omissions, + defects, viruses, delays in operation or transmission or failure of + performance, whether or not resulting from acts of god, + communications failure, theft, destruction or unauthorized access to + an STEMMechanics party's records, programs or services. +
++ STEMMechanics reserves the right to modify or discontinue, + temporarily or permanently, the Sites or any features or portions + thereof without prior notice. +
++ You may terminate the Terms at any time by closing your account, + discontinuing your use of the Sites and providing STEMMechanics with + a notice of termination. STEMMechanics reserves the right, without + notice and in our sole discretion, to terminate your right to use + the Sites, or any portion of the Sites, and to block or prevent your + future access to and use of the Sites or any portion of the Sites. +
++ If any provision of these Terms shall be deemed unlawful, void or + for any reason unenforceable, then that provision shall be deemed + severable from these Terms and shall not affect the validity and + enforceability of any remaining provisions. +
++ Upon completing your order and submitting it through the checkout + system, an order reference number will be issued to you via a + confirmation email. We will not process your order until it has + passed our internal validation procedures, for the purpose of + preventing credit card or payment fraud. Upon processing your order + and receiving payment we will send you a confirmation email which is + your Tax Invoice. We reserve the right to refuse service or supply + of the products or to terminate the contract and/or your account at + our sole discretion. If we cannot process your order after receiving + payment, we will contact you using the details entered at the + checkout. By placing an order with stemmechanics.com.au, you declare + that will not be on-selling the product(s) to another person(s) for + financial gain. +
++ In the instance that you need to cancel or edit your order of a + physical item; if you fail to notify us before your order has been + dispatched, you can incur a return to sender delivery fee of $25. To + avoid any fees associated when cancelling/editing your order, you'll + need to notify receive confirmation from a STEMMechanics customer + support team member before the order has been dispatched from our + premises. +
++ Digital items cannot be cancelled or edited after receiving payment. +
++ All prices are shown in Australia dollars (AUD). All items are + subject to availability and we reserve the right to impose quantity + limits on any order, to reject all or part of an order and to + discontinue products or services without notice, even if you have + already placed your order. All prices are subject to change without + notice. Prices displayed on the Sites may vary from those in the + store or from store-advertised prices. All purchases on applicable + products include GST at the rate of 10%. +
++ We attempt to be as accurate as possible and eliminate errors on the + Sites; however, we do not warrant that any product, service, + description, photograph, pricing or other information is accurate, + complete, reliable, current or error-free. In the event of an error, + whether on the Sites, in an order confirmation, in processing an + order, delivering a product or service or otherwise, we reserve the + right to correct such error and revise your order accordingly if + necessary (including charging the correct price) or to cancel the + order and refund any amount charged. Your sole remedy in the event + of such error is to cancel your order and obtain a refund. +
++ If the colour or size you want is not listed in the "Choose Your + Colour/Size" drop-down box on the Product Information page, it is + not then available for ordering. Please check back later. If the + colour or size you want has an Out of Stock label, it is on + backorder and available for pre-order. Sometimes we will not know in + advance that product is unavailable, so when you place items in your + Cart you will be asked if you would like to pre-order them. If you + indicate yes, the item will be sent to you once it becomes + available. Note that some items may be backordered or unavailable + even if the Sites indicate that they are in-stock, and adding an + item to your Cart does not guarantee the availability of that item. + If you have items on pre-order that you would like to cancel, please + contact us. +
++ You agree that all of your transactions with or through the Sites + may, at our option, be conducted electronically from start to + finish, and that any oral conversations may be recorded. If we + decide to proceed non-electronically, those transactions will still + be governed by the remainder of these Terms unless you enter into + different terms provided by us. You are responsible to print or make + an electronic a copy of these Terms and any other contract or + disclosure that we are required to provide to you. +
++ We currently accept Visa and Mastercard online. Only valid credit + cards or other payment method acceptable to us may be used and all + refunds will be credited to the same card or, in our discretion, + other method. By submitting your order, you represent and declare + that you are authorized to use the designated card or method and + authorize us to charge your order (including taxes, delivery costs, + handling and any other amounts described on the Sites) to that card + or other method. If the card (or other method) cannot be verified, + is invalid, or is not otherwise acceptable, your order may be + suspended or cancelled automatically. +
++ You may not place orders with the intention to immediately + on-forward the products to another person in a business transaction + (via marketplaces such as eBay etc), without the express written + permission of STEMMechanics. +
++ In the instance that you, a customer who has received a + STEMMechanics order via an on-forwarder, then you forfeit your right + to make; a) a warranty claim or b) refund or exchange with + STEMMechanics. As per Australian Consumer Law or Consumer Guarantee, + the reseller who has conducted the transaction must address the + warranty and refunds directly with the manufacturer at their own + cost and loss. +
++ If a reseller who has conducted the transaction is requesting that + STEMMechanics send the product directly to the customer then they + are engaging in Misleading Breach of the Law. The two laws are: + Section 18 of the act which relates to Passing Off, and Trading on + the Goodwill of Another Business - and, section 29 1 G which relates + to Affiliation (misleading the customer that the seller works for + the Retailer, in this case STEMMechanics). This can be made obvious + by the reseller's customer receiving a Tax Invoice for the products + with STEMMechanics letterhead and other documentation supplied by + STEMMechanics Outdoors, misleading the customer to think they are + buying from a reputable store instead of a reseller, often just a + consumer. Exceptions to this would be if the reseller has an ABN or + ACN that relates solely and specifically to reselling products + purchased from a Retailer, to their customer base. They will still + be responsible for warranty and after sales service but this is + allowed under the Law. +
+