Website Terms and Conditions
Introduction
In these terms and conditions, “we” “us” “our” and “UBT” refer to UBT Marketing Pty Ltd ACN 162 091 796 as trustee for UBT Marketing Trust ABN 84 296 716 805. UBT is the Sub-Lessee of business premises (the Precinct) at levels 4, 5 and 6 of The Avenue, 10 Herb Elliott Avenue, Sydney Olympic Park, NSW 2127 (the Building).
UBT publishes information and promotions about the Precinct and interacts with users of and visitors to the Precinct by this website www.theprecinctglobal.com (the Website). Access to the Website and use of the services provided on the Website are subject to these terms and conditions. By accessing and continuing to use the Website you acknowledge these terms and conditions and agree to be bound by them. If you do not agree to these terms and conditions, you must leave the Website immediately.
We may change these terms and conditions from time to time. If a change will make you worse off, or if we think a change will have more than a minor detrimental impact for you, we will provide you with at least 30 days’ notice by email or alert on the Website and you will have the right to terminate any services or orders within that period should you wish. Your use of the Website following any amendments will represent your agreement to be bound by these terms and conditions as amended. In general, we recommend that each time you access the Website you read these terms and conditions. The latest amendments were made in March 2017.
General Terms of Use
Site Access
- When you visit the Website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on the Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- The Copyrightsection of these terms and conditions sets out in more detail the things you are permitted to do with the materials and information on the Website. We reserve all other rights.
- The licence to access and use the information on the Website does not include the right to use any data mining robots or other extraction tools. Also, the licence does not permit you to metatag or mirror the Website without our prior written permission. We may withdraw your access to the Website if we become aware of activities of this nature.
Hyperlinks
- The Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content. Any hyperlink on the Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. If you use one of these links to leave our site, you should note that we do not have any control over that other website. We cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by our privacy policy. You should exercise caution and look at the privacy statement applicable to the website in question. You may link to the Website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of the Website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Indemnity
- By accessing the Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Website or any of the products and services offered.
Force Majeure
- “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. If a Force Majeure event causing delay continues for more than 14 days, we may suspend our commitments under these terms and conditions by giving you 7 days’ notice.
Jurisdiction
- These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
Validity
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Customer Grievances
- If for any reason you feel that we have not served your interests suitably or that some product or service does not meet your expectation, or if there is a hardship or other special consideration involved in your relationship with us, we invite you in the first instance to contact [email protected] for a resolution, or if this is not successful then to appeal the matter or forward complaints in writing to the directorship of UBT by emailing [email protected].
Members
- Clients of UBT may request membership by providing information as set out on our registration page at https://www.staging.theprecinctglobal.com/membership/. UBT may grant or withhold membership at its sole discretion, and if granted, it will be subject to The Precinct Membership Agreement. Our Privacy Policy is linked on our home page and will show how we collect, store and use the details you provide.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details when they change.
- On registration, we will provide you with a password and username. You must ensure that your username and password remain secure and confidential. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password (regardless of whether you authorised such use) including unauthorised use of your or any other credit card. Each username and password must be used by a single user and they are not transferable. We may monitor your use of the Website using your login, including concurrent use of the same login and password. You must notify us immediately if you become aware of any unauthorised use of your username and password.
- You agree to pay for services when you confirm your purchase as set out on the Website.
- We reserve the right to terminate your membership if you breach these terms and conditions or if there is some other reason we think important. We do not have to tell you why we cancel a membership.
Services
Offer
- We offer services via the Website, by email, by hard copy brochures and by face to face selling. Every offer is made on the basis that we will consider an order from you pursuant to the offer and may conclude a sale at our discretion by accepting your offer. When we elect to accept your offer we will notify you by email within 7 days of your order.
Description
- We describe each service as accurately as we are able. Images and pictures are provided by way of illustration and do not necessarily show the full designs or options. No service comes with any add on or accessory unless we expressly say so.
Prices and Payments
- Prices advertised are in Australian Dollars and include GST unless we advise otherwise. In these terms and conditions, on the Website and in any advertising material we use, “GST” has the meaning given to it in A New Tax System (Goods and Services Tax Act) 1999 (Cth). If payment with order is requested, we will tell you the methods available and no sale can be concluded without payment in full. If payment is by subscription, we will tell you the methods available and you will be subject to the Subscriptions section of these terms and conditions.
Customer Service Contact and Response Time
- Our Customer Service team operates during business hours 8.00 AM – 4.30 PM Sydney time Monday to Friday, public holidays excepted. They will respond within one business day to any customer enquiries sent to [email protected] during business hours. Our goal is to respond to at least 80% of these enquiries within 60 minutes. Otherwise contact can be made by calling 1300 01 01 02 to speak to a Customer Service representative; if you call out of hours, please leave your contact details so we can return your call.
Statutory Warranties
- Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to claim refund for a major failure and you may be entitled to cancel the service and claim compensation for any reasonably foreseeable loss or damage.
Limitation of Liability
- If you are not a consumer within the meaning of Australian Consumer Law, then this clause applies to you. If you are not a consumer:
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
Warranty Claims
- If you purchase our services and they or any part of them are defective, we may at our option:
- Resupply the services or pay the cost of having the services supplied again; or
- Refund your purchase price.
Whole Agreement
- These terms and conditions, when read with any terms and conditions included with service descriptions or at check-out, represent the whole of the terms of the contract between you and us and all representations, undertakings, prior agreements or arrangements are expressly excluded. Where there is a conflict between these terms and conditions and terms and conditions included with service descriptions, the service terms and conditions take precedence. You expressly acknowledge that in entering into a purchase you have not relied upon any prior representation made by us concerning the services, their fitness, quality or specifications.
Subscriptions
Period of Subscriptions
- Subscriptions for services will be as agreed under The Precinct Membership Agreement.
Benefit of Subscriptions
- Subscription services and all included services including those provided free are only for the use of the nominated customer and are non-transferrable to other or related entities unless authorised in writing by us. You are not entitled to a refund of any unused subscription inclusions, including those that have limitations on their availability.
Payment Authorities
- We may continue to use your existing payment authorities
- For new subscription fees and/or services providing we have given you at least one month’s notice of the intended change; and
- For monthly subscriptions following the expiry of a one-year subscription.
Termination of Subscriptions
- Either we or you may without giving a reason terminate Subscription Services by giving at least one month’s written notice prior to the beginning of the next billing period. We may immediately terminate access and use of any part of your package at our sole discretion
- In the event of non-payment; or
- If we believe you may be breaching any of these subscription service terms or the Website terms and conditions. In such circumstances, we will refund any subscription service access fees relating to days beyond the termination date less any fees outstanding from you.
Expiry of Access
- Upon termination, other than immediate termination, your access to the existing subscription services will expire at the end of the next calendar month. One-year subscribers will be entitled to a refund of subscription service access fees paid for the months beyond the next calendar month end, less an adjustment based on the then current monthly subscription service fee.
Copyright
Intellectual Property Rights
- The copyright to all content on the Website including computer code, applets, graphics, images, layouts, music, audio and visual material and text belongs to us or we have a licence to use those materials. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on the Website are either owned by us or we have a licence to use them. When you visit the Website, we give you a limited, non-exclusive royalty-free, revocable licence to access and use our information for your own personal and business use. If you use our content in any other way you will be infringing our intellectual property rights.
Comments
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through the Website or any other forum (including face-to-face sessions, seminars, chat lines, blogs and the like) become our property. If in future we use your Comments in promoting the Website or in any other way, we will depersonalise it unless we obtain your consent to use your name. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Protection of Copyright
- The Website and any of the Services may contain Intellectual Property of UBT or licensors. We take the protection of copyright seriously and if we find that you have used our copyright material contrary to the licence in these terms we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. We may cancel your right to access the Website and refuse to provide goods or services to you.
Disclaimers
Exclusion of Warranties
- To the extent permitted by law, all conditions and warranties which could otherwise be implied into these terms and conditions including warranties of title or implied warranties of merchantability or fitness for a particular purpose are excluded.
Comments by Users and Transactions between Users
- We may create forums via various mediums for raising queries, discussion and voicing opinions by members, presenters and our representatives. Any comments, recommendations or views expressed are those of the person making them. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us. We do not participate in any way in the transactions between our users. By publishing any member’s Comments we do not endorse or approve in any way those comments or any part of them. You acknowledge and agree that any reliance upon or use of any user Comments shall be entirely at your own risk.
Virus and Malware
- We take all due care in ensuring that the Website and electronic communications are free of any virus, worm, Trojan horse and/or malware; however, we are not responsible for any damage to your computer system which arises in connection with your use of the Website or any linked website.
Third Party Content
- From time to time we may host third party content on the Website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Privacy Policy and Complaints Process
Privacy is important, especially when you consider the number of ways we communicate and interact these days. That’s why we’ve put together this statement. It explains how we collect, hold, use and disclose your personal information and who we share it with.
And because it’s guided by privacy laws, you can be sure it takes your rights seriously. Above all, this statement is your assurance that we never take your privacy for granted and we always take the utmost care in protecting your personal information. We call this statement our Privacy Policy and it gives you rights and tells you the undertakings we give in relation to your personal information. You have a right to request access to the personal information that we hold about you and to ask us to correct it. You also have a right to make a complaint about how we have managed your personal information. Our Privacy Policy tells you how to do these things and how we will deal with your request or complaint.
When you visit the Website, order goods and services, or contact us, you accept that this Privacy Policy shows the way that we collect and manage your personal information. All personal information held by UBT will be governed by our most recent policy posted on the Website. This Privacy Policy was last updated 2 March 2017. If you continue to deal with us or visit the Website, we will take it that you have consented to this Privacy Policy.
When we say ‘we’ or ‘us’ or ‘UBT’ we mean UBT Marketing Pty Ltd ABN 84 296 716 805 and any other authorised businesses that sell goods and services under the UBT brand.
Here are the questions we look at in our Privacy Policy; the answers can be found by scrolling down the page.
- What is "personal information"?
- When do we collect personal information?
- Do we collect personal information via websites?
- How do we use the personal information we collect about you?
- How does UBT check the quality of personal information?
- Who sees your personal information?
- Do we use your personal information for marketing?
- How do we keep your personal information safe?
- How can you see the personal information that we hold about you?
- How can you correct your personal information?
- What can you do if you have a question, problem or complaint about our use of your personal information?
What is "Personal Information"?
Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable.
When do we collect Personal Information?
- UBT collects Personal Information about individuals directly from those individuals or their authorised representative.
- When you interact with us, we may collect Personal Information, such as names, contact details and other relevant information. Some instances of this are when you:
- apply for membership to the Website
- use products or services
- When you interact with us, we may collect Personal Information, such as names, contact details and other relevant information. Some instances of this are when you:
- contact us by telephone
- register for or attend seminars, presentations, meetings, webinars or our premises
- complete electronic, verbal or paper based registrations, feedback, surveys, promotions, emails, instructions or enquiry forms
- subscribe to a publication, newsletter or mailing list
- apply for a job or volunteer your services
- provide information voluntarily
- We do not collect Sensitive Information without your consent and then only if it is reasonably necessary for one or more of our activities, for example for establishing membership to the Precinct, for arranging catering and access to facilities, for tax advice or for investigating a complaint.
- UBT may also collect Personal Information about you from a third party or from a publicly available source, but only if:
- You have consented to such collection or would reasonably expect us to collect information in this way.
Example: When personal information is updated with another party trading under the UBT brand, this may be updated in our databases as well.
- It was not reasonable or practical to collect this information directly from you.
Example: We may obtain reports from preferred suppliers about services provided to members for understanding use by members, negotiating better terms, auditing supplier reports and improving customer service.
Do we collect Personal Information via websites?
- UBT does not collect any Personal Information about visitors to websites except when they knowingly provide it or as otherwise described below.
- Click Stream Data – when you visit and browse a website, UBT’s website will collect Personal Information for statistical reporting and maintenance purposes via Google Analyticsand Wistia (for video)
- Google Analyticsuses first-party cookies to track visitor interactions. These cookies are used to store information, such as:
- the date, time and duration of a visit;
- whether the visitor has been to the site before;
- what site referred the visitor to the web page; and
- the number of users visiting the websites and the number of pages viewed
- Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user's identity, browser type or website visiting patterns; if you access the Website a cookie is downloaded onto your computer's hard drive when you first log onto the Website and it is automatically deleted from your hard drive after a period of thirty days.
- Web beacons are images that originate from a third-party site to track visitor activities; UBT currently uses web beacons to track the visiting patterns of individuals accessing the Website
- Login audit logs are used to record a user’s usage history and selections
- If UBT has a Live Agent Web chat application on the Website, Salesforce may collect data from users online so staff can identify who they are speaking with.
How do we use the Personal Information we collect about you?
- UBT uses the information it collects about you to:
- Establish your access to and membership of the Precinct
- Identify you and conduct appropriate checks
- Communicate with you
- Provide you with goods or services you have requested
- Provide you with information about goods and services we reasonably believe you may be interested in
- Provide you with general information we reasonably believe you may be interested in
- Personalise and customise your experiences with websites
- Help us research the needs and expectations of members and improve the provision of goods and services by UBT and preferred suppliers
- Manage complaints and disputes, and report to dispute resolution bodies
- Comply with Occupational Health and Safety regulations
- Comply with industry codes or a lawful request
- UBT will only collect and use your Personal information in accordance with this Privacy Policy or otherwise with your prior express written consent. If you choose not to provide your Personal Information to UBT for the purposes set out in this Privacy Policy the main consequences for you will be that we may not be able to provide you with all or some of the requested service.
How do we check the quality of Personal Information?
- UBT takes reasonable steps to ensure the personal information we collect is accurate, up to date and complete. We may do this by providing you access to edit some of your personal information, periodic update requests, when interacting with you and where practical electronic synchronisation of UBT databases.
- We provide you the right to access and correct Personal Information.
Who sees your Personal Information?
- UBT discloses the information about you if or when:
- UBT has your consent to share the information; or
- Someone acting on UBT’s behalf provides the product or service you have requested; or
- UBT reasonably believes that your actions on the Website violate UBT’s Terms
- UBT may disclose Personal Information to third parties but only to the extent necessary to fulfil the purposes for which the Personal Information was collected.
Example: UBT may disclose Personal Information to UBT’s officers and employees and its professional advisers and consultants to help improve the services offered by UBT but only on a confidential and need-to-know basis. - UBT may also disclose your Personal Information to the Website host in certain limited circumstances for example ensuring that if the Website experiences a technical problem it is able to operate in an effective and secure manner
- UBT may disclose your Personal Information to organisations that are located in foreign countries solely for the purposes set out in this Privacy Policy provided that such disclosure is permitted under the Australian Privacy Principles. The Australian Privacy Principles permit disclosure to a person in a foreign country where UBT reasonably believes that the recipient of the information is subject to a law binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles. The foreign countries where information may be disclosed are likely to be New Zealand, USA, UK, Canada, Argentine and the Caribbean (which is where other UBT affiliated entities reside) and in countries where our contracted service providers operate or store information such as virtual or cloud based operations which may include additional countries such as Hong Kong and the Philippines. If you leave the Website by way of any hyperlink we advertise or display, we make no representation as to the privacy policy in place in any website visited by means of the hyperlink; you are required to make your own investigation and assessment as to the privacy policy of any website visited by this means. In particular if you visit a telecommunications site or the site of some preferred supplier mentioned on the Website, please be aware that the sharing of your personal information on those sites is not within the control or oversight of this privacy policy.
- UBT may collect government related identifiers from you, which will be used or disclosed only where such use or disclosure is reasonably necessary to verify your identity for the purpose of an activity we are undertaking on your behalf such as provision of tax related services requested for a government agency.
Do we use your Personal Information for marketing?
- UBT may use your Personal Information to provide you with promotional material about UBT or the services and products offered by UBT and preferred suppliers. If you do not wish to receive promotional information you can contact our Privacy Officer by emailing [email protected] any time requesting that your name be removed from UBT’s marketing lists
- Otherwise UBT will not disclose any of your Personal Information to any other organisation unless the disclosure is required by law or is otherwise permitted by the Australian Privacy Principles
How do we keep your Personal Information safe?
- UBT takes reasonable steps to protect and keep your Personal Information from misuse, interference, loss, unauthorised access, modification or disclosure. The ways we do this include:
- Using Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive information
- Limiting physical access to our premises and files
- Limiting electronic access to our networks, applications and files
- Using security related hardware and software
- Implementing personnel safe practice policies and training
- Monitoring and reviewing our practices periodically
- Using third parties who meet obligations under the Australian Privacy Principles.
- We periodically consider whether we need to retain your Personal Information in order to continue providing our goods and services to you, and may destroy or de-identify your Personal Information, except where we are required by law to retain it.
How can you see the Personal Information that we hold about you?
- You are entitled to access Personal Information that UBT holds about you.
- Access to your Personal Information is subject to UBT being satisfied you are the individual we hold Personal Information on or the person requesting is authorised to make a request on your behalf.
- If UBT delays or refuses your request to access some or all of your Personal Information it will provide you written notice of the reasons for the refusal, such as access would unreasonably impact upon the privacy of others or would not otherwise be permitted under the Australian Privacy Principles.
- A request for access can be done in any of the following ways:
- Telephone: +61 1300 01 01 02
- Email: [email protected]
- Post to: The Precinct, Level 6, 10 Herb Elliott Avenue, Sydney Olympic Park NSW 2127, Australia
How can you correct your Personal Information?
- You can update your Personal Information at any time by contacting the relevant UBT department or you may edit your UBT account information and preferences on the Website.
- Otherwise our Privacy Officer will correct your Personal Information. If we find that we have no further need for your Personal Information we will permanently de-identify it or remove it from our system and destroy all record of it. UBT welcomes any changes to your details so as to keep our records up to date.
What can you do if you have a question, problem or complaint about our use of your Personal Information?
- If you feel that your privacy has not been respected or that UBT has conducted itself inconsistently with this Privacy Policy or the Australian Privacy Principles in respect of your Personal Information please contact our Privacy Officer in any of the following ways:
- Telephone: +61 1300 01 01 02
- Email: [email protected]
- Post to: The Precinct, Level 6, 10 Herb Elliott Avenue, Sydney Olympic Park NSW 2127, Australia
- Lodge a complaint per our Complaints Process
PRIVACY COMPLAINTS PROCESS
Privacy Policy
This process is to be read in conjunction with the Universal Business Team Privacy Policy as above and words and phrases in this Process have the meanings attributed to them in the Privacy Policy.
Purpose
This policy sets out our approach to resolving complaints from individuals about the way we have dealt with their personal information, and outlines what people can expect when they make a complaint.
Management of Privacy Complaints
Privacy complaints are managed by the Privacy Officer.
The Privacy Officer will:
- Receive and acknowledge the complaint
- Seek further information from the complainant if necessary
- Thoroughly investigate the complaint
- Respond to the complainant with the outcome of the investigation
- Provide feedback to the relevant internal stakeholders
Privacy Complaint Process
- Complaint Receipt
We ask that complaints be made in writing. The Privacy Officer may receive an oral complaint if he considers that making a written complaint would be impracticable or unreasonably onerous for the complainant. In written complaints, complainants should:
- Include sufficient contact details to enable us to identify them
- Clearly and succinctly state the nature of their complaints
- Include sufficient information for the Privacy Officer to understand the complaints
- Provide details such as what happened, when they became aware of it, and who was involved
- State which Australian Privacy Principle they believe has been breached (if known)
- Outline the impact the event has had on them
- Include details of what they would like to see happen to resolve the complaints
Complaints can be emailed to [email protected] or posted to:
The Precinct, Level 6, 10 Herb Elliott Avenue, Sydney Olympic Park NSW 2127, Australia
If a complaint is received from someone other than the individual involved, we will only proceed if we have evidence that the person submitting the complaint has authority to do so.
- Complaint Acknowledgement
The Privacy Officer will acknowledge the complaint within five working days of receiving it. - Complaint Investigation
The Privacy Officer will investigate the concerns raised by the complainant. This may involve obtaining further information from the complainant, speaking with the relevant staff members, reviewing relevant documents or client files, and obtaining technical or legal advice.
It is anticipated that in most cases, the duration of the investigation will not exceed 20 working days. If the investigation is likely to take longer than 20 days, the Privacy Officer will notify the complainant.
- Complaint Outcome
The Privacy Officer will inform the complainant in writing as to the outcome of the investigation.
If the complainant remains dissatisfied with the response provided, they may wish to contact the Office of the Australian Information Commissioner (The Privacy Commissioner). For more details, see www.oaic.gov.au
- Internal Feedback
Where appropriate, the Privacy Officer will provide feedback, including recommendations of process improvements, to the relevant internal stakeholders to ensure continued compliance with the Australian Privacy Principles.