Turdinator Plumbing Pty Ltd (ACN 606 510 472) – WEBSITE TERMS OF USE

This website (Site) is operated by Turdinator Plumbing Pty Ltd (trading as Turdinator Plumbing (ACN 606 510 472) (we, our or us). It is available at: https://www.turdinatorplumbing.com.au/ and may be available through other addresses or channels.

For any questions and notices, please contact us at:

Turdinator Plumbing Pty Ltd 

ACN 606 510 472

47 Calaway Street, Tocumwal NSW 2714

Email: theteam@turdinatorplumbing.com.au

Last update: September 2021

Consent: By accessing and/or using our Site, you agree to these terms of and our Privacy Policy (available on our Site) (Terms). Please read these Website Terms carefully and immediately cease using our Site if you do not agree to them. 

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

Information: The Content is not comprehensive and is for general information purposes only. It 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 the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

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

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) 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;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Site;

(d) tampering with or modifying our Site, 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;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content 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, sell, 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: 

(a) 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 Website Terms); and

(a) 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.

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

(b) copy or use, in whole or in part, any Content; 

(c) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(d) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.  

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

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

(b) access will be uninterrupted, error-free or free from viruses; or

(c) our Site will be secure.

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

Limitation of liability: 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 the 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 the 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 Website Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Website Terms, and continues after these Website Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Website Terms. 

Discontinuance: 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.

Termination: 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 Website Terms and limitations of liability set out in these Website Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Website Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Website Terms is held to be void, invalid, illegal or unenforceable, that provision 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 Website Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Website Terms.

Jurisdiction: Your use of our Site and these Website Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any 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.

Variations: We may, at any time and at our discretion, vary these Website Terms by publishing the varied terms on our Site. We recommend you 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 and we are not liable if any Content is inaccurate or out-of-date.

TURDINATOR PLUMBING PTY LTD (ACN 606 510 472) – PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us or otherwise collected by us, offline or online including through this website (Site). In this Privacy Policy ‘you’ means any party that provides personal information to us and ‘we’ or ‘us’ means Turdinator Plumbing Pty Ltd (ACN 606 510 472), successors and assignees.

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

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

1. Collection of personal information

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

• name;

• images;

• contact details including email address, mailing or street address and telephone number; 

• age or date of birth;

• credit card information;

• demographic information such as postcode;

• preferences and opinions;

• information you provide to us through customer surveys;

• details of products and services we have provided to you or that you have enquired about, and our response;

• your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and browsing behaviour;

• additional personal information that you provide to us directly or indirectly through your use of our Site, associated applications, associated social media platforms or accounts from which you permit us to collect information; and

• any other information requested by us and/or provided by you.

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

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

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

2. Collection and use of personal information

We collect and use the information for purposes including:

• to enable you to access and use our Site and any associated applications and associated social media platforms;

• to contact and communicate with you;

• for internal record keeping;

• for analytics, market research and business development including to operate and improve our Site and any associated applications and associated social media platforms;

• to run competitions or offer additional benefits to you; and

• for advertising and marketing, including to send you promotional information about our products and services and information and about third parties that we consider may be of interest to you. 

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

3. Disclosure of personal information to third parties

We may disclose personal information to:

• credit reporting agencies and courts, tribunals and regulatory authorities where you fail to pay for goods or services provided to you;

• courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; 

• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and

• third parties to collect and process data such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.

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

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

4. Your rights and controlling your personal information

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

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

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

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

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

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

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

5. Storage and Security

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

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

6. Cookies & Web Beacons

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

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

We may 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.

7. Links to other websites

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

8. Amendments 

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

For any questions or notice, please contact us at: 

Turdinator Plumbing Pty Ltd

ACN 606 510 472

47 Calaway Street, Tocumwal NSW 2714

Email: theteam@turdinatorplumbing.com.au

Last update: September 2021