Frater Consulting Definitions Acceptance Compliance with Laws Privacy Policy User Guide

Frater Consulting Definitions Acceptance Compliance with Laws Privacy

Policy

Product Information

• The product is a website that provides Goods and Services to users. The use of the website is subject to certain Terms and Conditions, which include the standard Terms and Conditions for the supply of Goods and Services, Privacy Policy Manual, Refund Policy, and any other documents referred to in the Terms and Conditions. By using the website, users indicate that they have read, accepted, and agreed to be bound by these Terms and Conditions. Failure to agree with these Terms and Conditions requires immediate cessation of website usage.

Definitions

• The product operates within the territories of Australia and complies with the Competition and Consumer Act 2010 (CCA) and other applicable laws or industry codes.
• The product does not contain any misrepresentations, misleading or deceptive information, or any content that violates Intellectual Property Rights.

Acceptance

By using the product, users accept and agree to comply with all applicable laws and regulations, including EU Data Privacy Laws (including GDPR) and the Australian Privacy Policy Act 1988 (including the Privacy Amendment (Notifiable Data Breaches) Act 2017) or any other relevant laws.

Privacy Policy Manual

• The product is committed to protecting user privacy under Australian Privacy Principles.
• The product has policies in place to ensure the responsible use of user-provided information.

Storing Your Information

• The product takes steps to ensure that user information is accurate, up-to-date, complete, applicable, not misleading and used only for the purposes stated in the Privacy Policy Manual.
• Security safeguards are maintained to protect user information from unauthorized access.

Securing Your Information

• During transactions on the website, user information is transmitted through a secure server using SSL encryption technology.
  This ensures that the information cannot be read or altered by outside influences.

Information We Collect

• When users request Goods or Services, the product may collect Personal Information provided through online forms.
• This information is used to facilitate transactions, analyze website services, and provide a higher level of customer service.

Product Usage Instructions

Step 1: Reading and Accepting Terms and Conditions

• Before using the website, carefully read and understand the Terms and Conditions provided. Acceptance of the Terms and Conditions is required to proceed with using the product.

Step 2: Compliance with Laws

• Ensure that your use of the website complies with all applicable laws and regulations, including EU Data Privacy Laws and the Australian Privacy Policy Act.

Step 3: Privacy Policy

• Familiarize yourself with the Privacy Policy Manual to understand how your personal information will be handled and protected by the product.

Step 4: Providing Accurate Information

• When requesting Goods or Services, fill out the online forms accurately to facilitate efficient processing of transactions.

Step 5: Secure Transactions

• During transactions on the website, ensure that the URL starts with “https://”indicating a secure connection. This ensures that your information is encrypted and protected from unauthorized access.

Specifications

• Website Type: Goods and Services
• Territories: Australia
• Compliance: Competition and Consumer Act 2010 (CCA), applicable laws, applicable industry codes
• Privacy Compliance: Australian Privacy Principles, EU Data Privacy Laws
• Security: SSL encryption technology

FAQ

Q: What should I do if I don’t agree with the Terms and Conditions?

• A: If you do not agree with the Terms and Conditions, you should immediately cease using the website.

Q: How is my personal information protected?

• A: Your personal information is protected through security safeguards and SSL encryption technology during transactions, ensuring that it cannot be accessed or altered by unauthorized parties.

Q: What information does the product collect?

• A: The product may collect Personal Information provided through online forms when you request Goods or Services. This information is used for transaction processing, website analysis, and customer service purposes.

Website – Terms and Conditions of Use

• The use of this Website is subject to these Terms and Conditions (inclusive of Our standard
• Terms and Conditions for the supply of Goods and Services, Privacy Policy Manual, Refund Policy any other documents referred to herein) which constitutes the full agreement between You and Us.
• Please read these Terms and Conditions carefully before You use the Website.
• By using the Website, You indicate that they have, effective upon the date on which You have used the Website, read, accepted, and agreed to be bound by these Terms and Conditions.
• If You do not agree with these Terms and Conditions, You should cease using the Website immediately.

Definitions

• Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice, or other document or amendments expressed to be supplemental to this Agreement.
• Incidental item(s)” means goods and/or services that may be purchased or sold through this Website to be supplied and/or provided by the Seller to You, as specified on Our Website.
• Personal Information” means any information that identifies or can be used to identify You, directly or indirectly.
• Examples of Personal Information include but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.

Prohibited Content” means any content on any advertising media that:

• (a) is, or could reasonably be considered to be, in breach of the Broadcasting Services Act 1992; the Fair Trading Acts of the applicable States and Territories of Australia and the Competition and Consumer Act 2010 (CCA); or any other applicable law or applicable industry code; or
• (b) contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or
• (c) is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights (including, but not limited to, the distribution of digital files or any other material in which We do not own the copyright).
• Supplier” means a supplier of goods and/or services relevant to any aspect of Our business, your request for goods and services from Us, or energy or water sustainability management, and includes (but is not limited to) suppliers of solar panels and storage batteries, electric vehicle charging equipment, storm and wastewater treatment, heating and air conditioning, and glazing.
  We”, “Us”, “Our or “Ourselves” means Frater Energy Assessor Pty Ltd T/A Frater Consulting Services, its successors and assigns, or any person acting on behalf of and with the authority of Frater Energy Assessor Pty Ltd T/A Frater Consulting Services.
  Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.
  You”, “Your” or “Yourself” means any person/s (end user) being of the legal age of eighteen (18) years.
  Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Seller information, and pricing details.

Acceptance

• We reserve the right to change any of the Terms and Conditions displayed on this Website (including our Privacy Policy Manual) at any time by notifying You through this Website that We have done so. By continuing to use this Website it shall be deemed that
• You agree to be bound by the amended terms and conditions as notified and posted on the Website.
• If You intend to transact through this Website (i.e. purchase goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.

Compliance with Laws

• You represent and warrant that Your use of this Website will comply with all applicable laws and regulations (including but not limited to, EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”) and the Australian Privacy Policy Act 1988 (including the Privacy Amendment (Notifiable Data Breaches) Act 2017) or any other applicable laws.

Privacy Policy Manual

• We are committed to protecting Your Privacy under Australian Privacy Principles.
• We also recognise that when You choose to provide Us with information about Yourself You trust Us to act responsibly and in Your best interests therefore We have the following policies in place to protect Your personal information.

Storing Your Information

• We will take all reasonable steps to ensure that Your information held by Us is accurate up-to-date, complete, applicable, is not misleading, and will only be used for the purposes stated in this document and/or Our Privacy Policy Manual.
• We will maintain security safeguards to protect Your information and will take all reasonable steps to ensure that Your information is not disclosed to any unauthorized person or entity.

Securing Your Information

• When making a transaction through this Website Your information will pass through a secure server using SSL (secure sockets layer) encryption technology.
• The encryption process ensures that Your information can not be read by or altered by outside influences.

Information We Collect

• When You request Goods or Services We may collect Personal Information supplied by You when You complete an online form to facilitate the purchase of Goods and/or Services.
• Such information will enable Us to process Your transactions efficiently, analyze our Website services, and enable Us to provide a higher level of customer service (which may include informative or promotional activities).
• We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make.
• Our Website is more available and user-friendly for You to measure the success of any advertising activities We may under the:
• (a) Your IP address.
• (b) The date and time of Your visits to Our Website.
• (c) Your clicks and activity on this Website.
• (d) The referring Website if any through which You clicked through to this Website.
• (e) Technical information on Your browser, device, and operating systems.

Information We Disclose

We will only disclose information about You or provided by You to Us (Client Material):

• (a) as authorized by You;
• (b) if required by law; or
• (c) where required for Us to provide goods or services to You. For the avoidance of doubt, this may include disclosure of Client Material to third parties including Suppliers and delivery companies.
• (d) for a purpose related to your project including obtaining an energy rating, obtaining a quote for the supply of goods or services from a Supplier, or developing a relevant environmentally sustainable design report concerning Your project.
• Where we disclose Client Material to third parties for the purposes above, we only disclose Your information to the extent necessary for that purpose.
• We will not disclose Your information for any purpose for which You could reasonably expect us not to disclose the information.
• Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your Personal Information will only be disclosed to those employees within Our organization who need to know to ensure You are provided with information about Our products and Services or to request Goods and Services through this Website.
• Under the Privacy Act legislation, You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us.
• We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of Your request. We may ask you to verify your identity to help us respond efficiently to your request.

Other Data Protection Rights

You may have the following data protection rights:

• (a) To access, correct, update, or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete, and up to date.
• (b) if Personal Information is collected or processed based on consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted before Your withdrawal, nor will it affect the processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent
• (c) The right to complain to a data protection authority about the collection and use of Personal Information.

Questions & Concerns

• If You have any questions or comments, or if You have a concern about how We have handled any privacy matter, please use Our contact form via this Website to send Us a message. You may also contact Us by postal mail or email at:
  Attention: Privacy Officer admin@fraterconsultingservices.com.au.

• Postal Address: 281 Lygon Street, East Brunswick, VIC 3057

Cookies

• We and Our partners may use various technologies to collect and store information when You use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons.
• These web beacons track certain behaviors such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked. They also allow Us to collect information such as the recipient’s:
• IP address, browser, email client type and other similar details;
• Tracking of Website usage and traffic;
• Reports are available to Us when We send an email to You, so We may collect and review that information.
• These cookies do not read your hard drive but may be stored on your hard drive to enable Our Website to recognize You when You return to the same.

Mailing Lists

• If at any time You are on a mailing list of Ours then You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the “Contact Us” section of this Website.

Returns, Damaged or Defective Goods

• Our policy about Returns, Damaged or Defective Goods shall be as specified in Our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns for change of mind or if You make a wrong decision. unless due to our negligence or incorrect information supplied by Ourselves.

Copyright and Trademarks

• The contents of this Website are at all times the copyright or trademark property of either Ourselves, Our Suppliers, or linked third parties, and You may not distribute, reproduce, display, or publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our Suppliers or linked third parties (each as applicable). Furthermore, You agree to indemnify Us against any claims, costs, damages, or losses incurred by Us should You fail to comply with this clause.

Advertisers and Linked Sites

• We publish advertisements of Suppliers and other third parties on our Website from time to time. The display on Our Website of any advertiser or the provision of a link to third-party Websites does not constitute Our endorsement of the advertiser or third-party provider or any of their Website content or business practices. As We do not have any control over the content of any third-party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third-party Website immediately once You access such a Website.
• We accept no liability regarding any dealings, promotions, or activities between Yourself and advertisers or third-party providers.

Specifications and Information

• Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information provided to Us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of Goods or Services provided through this Website in respect of the use of the Goods or Services or their suitability for a particular use that You contact
• Us or seek an external professional opinion.
• You acknowledge and accept that the colors of items displayed on the Website may not reflect the true and actual color of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age, or settings on Your monitor. If color is a major factor in Your decision making We recommend You contact Us before purchasing.

On-Line Ordering

• Display on this Website does not guarantee the availability of any particular Good(s) therefore all orders placed through this Website shall be subject to confirmation of acceptance by Us.
• Orders for Services shall be subject to confirmation of suitable timeframes between You and Ourselves for the provision of the Services.

Continuous Service

• Due to the inherent nature of Websites, We cannot guarantee uninterrupted or continuous availability of this Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades.
• Where able We shall give You advanced warning of the same.
• We shall accept no liability for Website downtime whether scheduled or otherwise.

Termination of Use

• These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why.
• In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).

Jurisdiction

• This Website (excluding any linked third-party sites) is controlled by Us from Our principal business premises in Australia.
• Our servers are located in Australia, so Your information may be transferred to, stored, or processed anywhere.
• It can be accessed from countries around the world to the extent permitted by the Website.
• As each country has laws that may differ from Australia’s, by accessing this Website,
• You agree that the laws and statutes of Australia shall apply to any dealings, actions, or claims arising out of, or concerning, this agreement, or
• Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.
• In addition, We or Our subcontractors may use cloud technology to store or process Personal Information, which may result in the storage of data outside Australia.
• It is not practicable for Us to specify in advance which country will have jurisdiction over this type of offshore activity.
• All of Our subcontractors, however, are required to comply with the Australian Privacy Act about the transfer or storage of Personal Information overseas.
• You further acknowledge and agree that the filing of a claim against Us (if any) must be made in the State of Victoria in which our principal business premises in Australia are domiciled, and that any legal proceedings will be conducted in English.
• We make no representation that Goods or Services offered through this Website are appropriate, available, or suitable for use in countries outside of Australia, and accessing any material or content from, or through, this Website which is illegal in Your country of domicile is strictly prohibited.

General

• The failure by either contracting party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.

• If any provision of these terms and conditions shall be invalid, void, illegal, or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
  We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).

• Message Boards: We provide Message Boards for the use of Our Website users. The Message Boards may not be used to promote Websites or any commercial or business activity.

• We are not responsible for any of the opinions expressed in the Message Boards.

• By posting a message to the message board You agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

• Feedback: Feedback is provided to facilitate trading by You on Our Website. Feedback provided by other parties must not contain offensive, defamatory, retaliatory, or inappropriate language or content.

• We may remove any feedback that is considered to be offensive, defamatory, retaliatory, or inappropriate.

• You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.

• You must not post feedback about Yourself or include any contact details or Personal Information in Your feedback.

• Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or other event beyond the reasonable control of either party.

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