Terms and Conditions

Introduction

Please read these terms and conditions before accessing or using the Cartology website. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Cartology website.

In using the Cartology website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must stop using the Cartology website.

In these terms and conditions, the expressions we, us, our, and Cartology are a reference to Cartology Pty Limited (ABN 83 009 671 149).

Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the Cartology website. Your continued use of the Cartology website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We do not accept liability to you for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, or reliance on information contained on or accessed through, the Cartology website or any linked website, which would exceed in aggregate an amount of AU$1.

To the extent permitted by the Australian Consumer Law and other applicable laws, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.  If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty (as for example may be the case with consumer guarantees under the Australian Consumer Law), that condition or warranty will be deemed included but our liability will be limited to:

1. in the case of services provided by us, resupplying the services or payment of the cost of having the services resupplied; or otherwise
2. to the maximum extent permitted by applicable laws.

You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these terms and conditions.

Warnings

You must ensure that your access to the Cartology website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing the Cartology website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Cartology website or any linked website.

While we have no reason to believe that any information contained on the Cartology website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Cartology website updated.

Responsibility for the content of advertisements appearing on the Cartology website (including links to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright

You acknowledge that the copyright in the Cartology website, the software, design, text and graphics comprised in the Cartology website, the selection and layout of the Cartology website and the content and materials on the Cartology website (together, the “Materials”) are owned by or licensed to us or our related bodies corporate.

You must not:

1. modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; or
2. frame or embed in another website any of the material appearing on the Cartology website without our prior written consent.

However, you may store a reproduction of the content on the Cartology website on your local computer or print hard copies of the content and Materials for the sole purpose of viewing the content and Materials but not for any other use, including commercial use.

Trade marks

The Cartology website contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Cartology website or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Cartology  website that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

Linked websites

The Cartology website may contain links to other websites, including those operated by third parties. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our provision of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Privacy and Commercial Electronic Messages

View our Privacy Policy, Collection Notice, and Cookies Statement, to understand how we manage your personal information.

You will receive different types of messages from us.  Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail and by advertising on certain websites and social media) about our services, newsletters, events and promotions. You agree to continue receiving communications from us until the time that you opt out.

You may opt out of the receipt of commercial electronic messages sent by Cartology by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving newsletters, client surveys, requests for feedback and other promotional messages. You can also opt out by emailing hello@cartology.com.au. If you opt out of receiving commercial electronic messages sent by Cartology, you will still receive information we are required by law to provide to you or factual information directly about your services, including changes to these terms and conditions and/or our collection notice, privacy policy, transactions or other information relating to services we provide.

Opting out of receiving commercial electronic messages from Cartology’s will not withdraw your consent to receive messages from other Woolworths brands you have signed up to independently of your relationship with Cartology. If you would like to opt out of receiving commercial electronic messages from other Woolworths brands, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.

Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of access

Access to the Cartology website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Severability

If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these terms and conditions or is contrary to public policy.

Governing law

These terms and conditions and any dispute arising out of or in connection with them or the subject matter of them are governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.