Terms and conditions

Website Terms and Conditions

This website, www.laptopsandlattes.com.au (Site) is operated by Michelle Marks trading as Laptops & Lattes [ABN 18 259 031 345] of Silver Sands, Western Australia (we, our or us) and may be available through other addresses, third party sites or channels.

By using the Site you consent to our Terms

By using our Site, you agree to be bound by these terms of use and our Privacy Policy (available here) (Terms). Please read these Terms carefully – if you do not agree to them, then you must stop using our Site immediately. If you continue to use the Site you will be bound by the Terms.

We may change the Terms at any time

We may vary these Terms at any time and at our discretion by publishing the varied terms on our Site. You should check our Site regularly to ensure you are aware of our current Terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date or verify content and we are not liable if any Content is inaccurate or out-of-date.

Your use of our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Conduct we do not accept

When you use our Site, we expect you to abide by a clear standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by law, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes (without limitation) you doing or assisting any third party to:

  1. do anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site;
  5. knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site; or
  6. using our Site to send unsolicited email messages

You must not use content to compete with our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business. 

The Site is general information and not legal advice

The content on our Site is intended only to provide a summary and general overview of matters of interest. It is not intended to be comprehensive or constitute legal advice and to this end, our Content does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

You should always obtain legal or other professional advice appropriate to your own circumstances before acting on that content.  Your use of this website is not intended to create, and does not create, a lawyer/ client relationship or any other professional relationship between us.

Our IP rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content on our Site does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Uploaded content

We encourage you to interact with our Site. You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. 

If you make any User Content available on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Site may contain links to websites operated by third parties.  Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  We recommend that you make your own investigations with respect to the suitability of those websites. 

Terminating our Site or your use of our Site

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Affiliate Disclaimer

This Website (Site) may include affiliate links (Affiliate Links). Laptops and Lattes, 18 259 031 345 (we, our or us) may receive a commission or any other form of compensation (such as services and/ or complimentary product) for any purchase that you make as a result of clicking on an Affiliate Link on our Site (compensation). The compensation will be received by us at no cost to you.

Where an Affiliate Link has been included on our Site, we will always try to disclose the link and any affiliate relationship between us and the owner of the Affiliate Link (Partners). For the purposes of this Disclaimer, if we miss a disclosure, please presume that any links to products and services on this Site may be an Affiliate Link.

If we place a post on our Site where compensation will be received from an Affiliate Partner for content creation and/ or promotion of offers, tools, resources or products, we will disclose this relationship in our post.

To the maximum extent permitted by law, we are not responsible for any loss, damage, expense or liability suffered by you or any other third party resulting from your purchase of any goods or services as a result of clicking on any of the Affiliate Links on our Website.

This disclaimer is governed by the laws of Western Australia, Australia.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.    

Ending these Terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Your password (if you have one)

We may choose to issue you with a username and password to enable you to access features on our website. If we do, you must keep those details confidential and remain responsible for their misuse if these items are not kept confidential.

If a part of these Terms isn’t right

If a part of these Terms is held to be void, invalid, illegal or unenforceable, that part must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of the Terms.

Applicable law

The laws of Western Australia govern these Terms, and your use of the Site. If you access our Site throughout Australia or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any State outside WA and/or country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Laptops & Lattes [ABN 18 259 031 345]
Meadow Springs, Western Australia
michelle@laptopsandlattes.com.au


Last update: 18 May 2021

Privacy Policy

This Privacy Policy sets out our commitment to protecting your privacy and the personal information you provide to us or that we otherwise collect about you, including through our website, [www.laptopsandlattes.com.au] and any third party applications or social media platforms (Site). In this Privacy Policy we, us or our means Michelle Marks trading as Laptops and Lattes [ABN 18 259 031 345].

Personal information

The types of personal information we may collect about you directly or from third parties includes:

  • your name, age, date of birth and contact details (email, address, phone numbers);
  • details of your social media platforms, associated accounts like Google and information you provide to us through them;
  • images of you;
  • your credit card or payment details (through our third party payment processor);
  • your preferences and opinions;
  • any sensitive information (as set out below);
  • customer survey information and details of any products or services you have purchased or enquired about;
  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and browsing behaviour; and
  • any other personal information requested by us and/or provided by you or a third party.

Collection and use of information

We may collect, hold, use and disclose personal information for the following purposes:

  • to contact you or communicate with you and offer additional benefits or competitions to you;
  • to provide you with access to and use our Site;
  • for internal record keeping including administrative invoicing and billing purposes;
  • for analytics, market research and business development, including to operate and improve our Site;
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
  • to comply with our legal obligations;
  • to resolve any disputes with you; and
  • to consider your employment application.

Disclosure of information

We may disclose your personal information to:

  • third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
  • our employees, contractors and/or related entities;
  • our existing or potential agents or business partners, sponsors or promoters of any competition we run;
  • any transferee of our business or assets;
  • credit reporting agencies, courts, tribunals and regulatory authorities, if you do not pay for our goods or services;
  • 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, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy law. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

Provided you consent, your sensitive information (if we hold any) may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.

Sensitive information may also be used or disclosed if required or authorised by law.

Your rights and controlling your personal information

Choice and consent

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it. You warrant that you have read this Privacy Policy carefully.

Information from third parties

If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Change of mind

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 using the details below or by unsubscribing from any marketing communication as applicable.

Access to your information

You may request details of the personal information that we hold about you, but note we may charge you an administrative fee for such provision of information.  

Correcting information

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

If you have a complaint

If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribing

To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

We are committed to ensuring that the personal information we collect 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 personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. 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 the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our 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 email 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 our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of 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.

We may also use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

Links to other websites

Our Site may contain links to other websites (Third Party Websites). We do not have any control over Third Party Websites and we are not responsible for the protection and privacy of any personal information that you provide whilst visiting them. Third Party Websites are not governed by this Privacy Policy, even if you followed a link from our website to the Third Party website.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:

Laptops and Lattes [ABN 18 259 031 345]
Meadow Springs, Western Australia
michelle@laptopsandlattes.com.au 

Last update: 18 May 2021