We deal with your personal information in accordance with the Privacy Act 1988 (Cth) (“the Act”) and the Australian Privacy Principles (APPs) set out in the Act. We also comply with the Spam Act 2003 (Cth) which imposes various restrictions on sending emails, and the General Data Protection Regulations ("GDPR") in relation to EU citizens.
WHAT PERSONAL INFORMATION DO WE COLLECT?
We may collect and hold the following personal information:
- Your name, contact details, address, phone number and email;
- Your browsing history on our website; and
- Records of your communications with us.
HOW DO WE COLLECT THE PERSONAL INFORMATION?
Generally we collect your personal information directly from you, including when you use our social media sites, or our website, or when you call us or email us. However, in some instances we may collect personal information from third parties, for example when we perform a credit check on you. We also use software like cookies to tell us how you use our website. Cookies are tiny digital identifiers that are automatically stored on your computer and help us to personalise our service to you. You can turn them off or delete these at any time in your website browser settings. We need your personal information to provide you with some or all of our products and services.
WHY DO WE COLLECT AND HOLD YOUR PERSONAL INFORMATION?
We collect and hold your personal information to:
- Communicate with you regarding your enquiry, or use of our website and products and services;
- Perform services for you where relevant;
- Comply with our obligations under the law in terms of record keeping;
- Provide information relevant to you;
- Analyse your interaction with our products and services to produce statistical information that we can use to optimise the information, products and services and any advertising we provide to you;
- Provide information to third parties as authorised or required by law.
WHEN DO WE DISCLOSE IT?
We do not sell your personal information, and we do not use your personal information or disclose it to another organisation unless:
- It is reasonably necessary for one or more of the purposes described above;
- Because of the nature of the information or collection, we believe you would expect us to use the information or disclose it;
- It is required or authorised by law, or we suspect something unlawful and it is necessary for us to take action;
- It is necessary to protect the rights, property, health or personal safety of a customer, client, us or the public and it is impracticable to obtain your consent;
- You have provided your consent or it is for a purpose expressly permitted under the Act;
- It is necessary to obtain third party services, such as analytics, data storage or payment service providers.
WHAT IF YOU DON'T WANT IT DISCLOSED?
If you don't want your personal information to be disclosed, please contact us at firstname.lastname@example.org. Provided the disclosure is not required by law we will assist.
STORAGE AND SECURITY
We will take reasonable precautions to protect your personal information, including against loss, unauthorised access, disclosure, misuse or modification. We will ensure that organisations to whom disclosure is made are compliant with the Act.
YOUR RIGHTS TO ACCESS AND DISCLOSURE
There are some other circumstances where we may withhold your personal information including:
- Where the request is frivolous or vexatious;
- Where providing access would have an unreasonable impact on the privacy of another person;
- Where we believe that withholding the personal information is necessary to protect the rights, property, health or personal safety of a customer, client, us or the public; or
- Where the information relates to negotiations or anticipated legal proceedings between you and us.
Except where we are permitted or required by law to withhold your personal information, you have the right to access it. Please email us at email@example.com to access, correct or delete your personal information.
ADDITIONAL PROVISIONS FOR EUROPEAN CITIZENS
If you are a resident of the European Economic Area (“EEA”) you have certain rights and protections under the GDPR regarding the processing of your personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our website services and information about them.
We rely on the following lawful means of processing your personal information:
- Where you have given us valid express consent to use your personal information we will rely on that consent, and only use the personal or sensitive information for the specific purpose for which you have given consent.
- Where we need comply with the law, or act to in an emergency, we will rely on that lawful means of processing your personal information.
If you are an EEA resident, you have various rights including the right to be informed; right of access; right to rectification; right to object; right to restriction of processing; right to erasure or to be forgotten; right to data portability; and right not to be subject to automated processing. If you want to access personal information we hold about you, or ask if that the information be corrected, please contact us at Email Address for customers. In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your personal information. If you would like to limit or request deletion of your personal information or exercise any other rights you can do so by contacting us. You can withdraw your consent to our collection or processing of your personal information. You can do so by contacting us at firstname.lastname@example.org for customers or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe. If you withdraw your consent to the use of your personal information, you may not have access to our services, and we might not be able to provide you with our services. In some circumstances where we have a legal basis to do so we may continue to process your information after you have withdrawn consent, for example if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.
All personal information stored on our website platform is treated as confidential. It is stored securely and is accessed by authorized personnel only. Our collection is limited in relation to what is necessary, for the purpose for which the personal information is processed, and kept only for so long as is necessary for the purpose for which the personal information was collected. We implement and maintain appropriate technical, security and organisational measures to protect personal information against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of personal information and we have adequate cyber security measures in place. By providing us with your personal information you consent to us disclosing it to third parties who reside outside the EEA countries. We will ensure that those third parties are GDPR compliant.
You must be 18 years old or older to use our website and services. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
You must not use our website and services:
- for any unlawful purpose;
- to infringe any law, or regulation;
- to infringe intellectual property laws including, but not limited to, any copyright laws;
- to transmit any destructive code such as worms, viruses or malware;
- to collect or track the personal information of others.
- to interfere with or circumvent the security features; or
- to spam, phish, spider, or scrape information.
RELIANCE ON ADVICE DISCLAIMER
We may provide information on our website that may be classed as medical or health information. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held.
Sometimes the information or advice may be historical information. Sometimes the information or advice may be based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time.
Sometimes the information or advice may not be complete. We have no obligation, and do not warrant that we will update the information or advice, or correct errors, or provide complete materials. We recommend that you consult more primary, accurate, complete and timely sources of information. We do not guarantee that the information on our website is accurate, complete or current. We are not liable for any Loss or damage due to negligence or otherwise arising from your reliance on any advice or information on this website.
We cannot take into account your personal situation or your personal goals or objectives when providing information or advice on our website. You must consider whether or not the information and advice is appropriate to your needs. This website is not a substitute for independent professional advice and any reliance on this information is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice. For example, do not use any medical information to diagnose, treat cure or prevent a disease.
All of the Intellectual Property Rights in our website and services are owned by or licensed by us. This includes, but is not limited to, rights in all brand names, logos, slogans, images, photographs, copy, drawings, art, literature, music and video which appear on our website and services. We grant you a non-exclusive, royalty-free, revocable, worldwide licence to use our website and services for your personal use only. You must not reproduce, duplicate, copy, sell, resell or exploit the website or services in any way. In particular, you must not use our website or services for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at email@example.com to seek consent for any other use.
Sometimes content on our website and services will not be accurate, complete or current. Sometimes content may be incorrect or outdated. We have no obligation, and do not warrant that we will correct errors, provide complete materials, or update information or any content. Any reliance on the content on our website and services is at your own risk.
Our website and services may include third party links. We have no control over third party links and websites, and we are not responsible for third party materials, content, websites or their products or services. Any purchase by you of products or services or any transaction with a third party is a contract between you and them, and we are not to be involved. You need to direct any concerns directly to that third party.
We do not represent or warrant that your use of our website and services will be uninterrupted, timely, secure or error-free. We may also remove the website and services on it for indefinite periods of time or cancel the website and services at any time, without notice to you. Our website is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions concerning, title, non-infringement or fitness-for-purpose.
THIRD PARTY APPS/ SOFTWARE
To enhance our website and services, we may provide you with access to third party apps and software tools over which we have no control. You acknowledge and agree that we provide access to these apps and tools on an “as is” and “as available” basis without any warranties as to their performance either express, or implied. We do not warrant that they will meet your requirements, be uninterrupted, timely secure or error- free, that the results will be accurate or reliable, or that the quality will meet your expectations. They are to be used at your risk, and you must read their terms and licenses which will govern your use of them. We are not responsible for any Loss or damage that you may suffer in connection with downloading, installing, using, modifying or distributing the third party apps or software.
LINKING TO OUR WEBSITE
Our website may contain various social media features that enable you to link from your own website to content on our website, send emails or communications with links to content on our website or otherwise enable limited portions of our content to be displayed on your website. You may use these features solely as they allow without circumventing them in any way. You must not cause our website to be displayed by framing, deep linking or in-line linking. Any website from which you provide the link must comply with our visitor content standards.
LIABILITY AND INDEMNITY
Your use of, or inability to use our website and services is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services including, but not limited to, any errors or omissions in any content, your reliance on advice and information, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of these Terms of Service, including but not limited to your violation of any law or the rights of a third-party, or your use of third party apps, software, or your use of third party social media features, or third party links and services.
Claim means any claim, under statute, tort, contract or negligence, any demand, award.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, personal injury, death, property damage and legal costs.
We, us, or our means New Nordic Pty Ltd t/as New Nordic [ABN 69125151091 ] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means www.newnordic.com, and everything available on this website including, but not limited to, any products and services.
By clicking that you understand and agree to these Terms of Service, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase any of our Products online. We may change these Terms at any time, and by continuing to use or access our website and services, you are accepting those changes.
ADDITIONAL TERMS OF SERVICE FOR BUYERS OF OUR PRODUCTS ONLINE
You must not use our Products for any illegal purposes.
There may occasionally be errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions. The colours and images of Products we display may also be different on your screen to the colours and images of the actual Products. There will be some Products we display that are only available through our website, some Products with limited quantities, and some sales that are limited to certain regions or groups of people. We cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including shipping charges, delivery times, availability and promotions;
- change prices or descriptions of our Products;
- change our range of Products, or discontinue Products and/or
- cancel orders if information is inaccurate.
You may order products via our website by submitting an order form, and we will confirm acceptance of your order by email to the address you provide. The price will be the price advertised on our website at the time we accept your order but does not include shipping charges.
We offer a subscription service whereby we deliver your selected Products monthly. Your subscription is for the Minimum Period, and thereafter continues on a month-to-month basis. We may increase the Subscription Fee from time to time due to increase in Product prices. We will use our reasonable endeavours to notify you in the event that the subscription Fee is raised but are not obliged to do so. You may cancel your subscription at any time with 7 days prior notice. Where less than 7 days' notice is provided you may be billed for the following month.
DELIVERY OF OUR PRODUCTS
We deliver Products purchased through our website to the Delivery Areas. We will process your delivery upon receipt of payment and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your delivery option. You must contact Australia Post or the courier company directly in relation to any late, stolen, or damaged deliveries. You are also responsible for any customs or import duties, taxes and any handling fees.
You must pay us for our Products via the Payment Methods. Any special offer coupons must be added at the time of purchase to apply; they cannot be applied retrospectively. Where payments are made in instalments, you authorised us to deduct all accrued and outstanding fees from your credit card or debit card provided.
CONSUMER GUARANTEES AND REFUNDS
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturer's instructions, where you fail to take reasonable care, where you fail to provide us with adequate information.
Except as required by law, all sales for our Products are non-transferable and non-refundable. Once you have placed and paid for your order, unless there are special circumstances, we cannot cancel your order as it has been processed and paid for by us.
On occasion we may cancel an order for a Product where we are unable to fulfil it, for example where there is limited stock. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors.
We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our website and services, any membership, and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Products.
Where you provide us with any photos, videos, testimonials, and/or case studies we may use them for marketing and information purposes, publications, exhibitions and professional awards across any print or digital medium, including any social media channel. By providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at firstname.lastname@example.org. You must seek our prior written consent before any publication of information about us.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, loss or stolen Products during delivery, any late delivery, your reliance on any of our advice and information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, your misuse of any Product. To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -
- the replacement of the products or services or the supply of equivalent products or services; or
- the payment of the cost of replacing the products or services or of acquiring equivalent products and/or services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to any breach of our Intellectual Property Rights, where you provide incorrect information.
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
If at any time our Products are not reasonably acceptable to you or we disagree on the quality you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Client means you, the client who is agreeing to these terms and conditions.
Delivery Areas means Australia and New Zealand.
Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Minimum Period means the minimum period for your subscription and is 1 month
Payment Methods means VISA, Mastercard, and PayPal.
Products means any nutritional supplement, or any other products available through our website from time to time.
Our Representatives means any of our employees, agents, contractors or subcontractors.
Subscription Fee means the subscription fee as advertised on our Website.
We, us, or our means New Nordic Pty Ltd t/as New Nordic [ ABN 69125151091] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means www.newnordic.com, and everything available on this website including, but not limited to, all Products and Services.