Purchasing of Merchandise
Payment
If you purchase any merchandise through 93Creative Service, you must provide 93Creative Service information regarding your credit card or another payment instrument. You represent and warrant 93Creative Service that such information is accurate and that you are authorised to use the payment instrument. You will be responsible for all taxes associated with your merchandise purchase through the Service.
Loss and Cancellation
Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise.
Protecting You
The 93Creative (also known as 93Creative Australia or 93 Creative Australia) is owned and operated by 93 Creative Australia - ABN: 78 107 191 589. 93Creative (“93Creative “, “we,” “us,” “our”) is committed to protecting your privacy. At 93Creative, we never share our customer’s data with a third party. We use the information you provide to respond to your requests, customise future shopping for you, improve our stores, and communicate with you. We always try to personalise and continually improve your 93Creative shopping experience.
Please note that your use of the Website by you is subject to this privacy policy (the “Policy”) and the Website’s terms and conditions of use (“Terms and Conditions”). In this Policy, a word/term used with a capital letter is defined in the Terms and Conditions or elsewhere.
Our Policy explains what information we collect on the Website, how we use and share this information, and how we maintain such information. By using this Website, you signify your acceptance of this Policy. If you do not agree to the terms of this Policy, in whole or part, you should not use this Website. Please note that this Policy applies only to the information collected on the Website and not any information collected or obtained through other methods or sources.
Our Policy ensures that any information you provide us remains private and secure. To reassure you, below we provide details of the information you provide and how it will and, more importantly, will not be used. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information we hold about you by contacting us (and there may be an administrative fee for this). If you find any inaccuracies, we will delete or correct them promptly.
Personally Identifiable Information – Collection of PII that we collect
We collect personally identifiable information (“PII”) that is volunteered during Registration or in response to specific information requests explicitly presented to you.
We may also collect your IP (Internet Protocol) address to help diagnose problems with our server and administer this Website. An IP address is a number assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and gather broad demographic data.
We may ask for your e-mail address during your use of the Website. Also, to purchase Vouchers, you may be requested to provide any or all of the following PII: first and last name, postal address, e-mail address, date of birth, telephone number and details of a payment mechanism, such as credit card details.
Use and Sharing of PII
Following Australia's Data Protection Act 1998 and other applicable data protection laws, all PII is retained.
We use PII to provide information about 93Creative, provide you with the Service properly, and market ourselves to you. Our policy is not to sell or pass any PII to any third-party organisations (outside our group companies) unless we are required to do so for fraud prevention and detection. We will never sell or rent your PII to anyone else for their marketing or commercial purposes without your prior consent.
However, we may pass your PII to our agents and subcontractors to help us with any of our uses of your data in this Policy. For example, we may use third parties to provide marketing or customer service assistance or send it to a credit card provider to process a payment.
We also always reserve the right to disclose PII to:
(a) comply with applicable laws;
(b) respond to governmental inquiries (or inquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type);
(c) comply with a valid legal process or procedure;
(d) protect our rights or property, this Website, and other users of this Website.
Please note that as part of any PII sharing we list above, we may send your information internationally, including to countries outside the European Economic Area. Some places outside of the EEA may not have adequate data protection laws or may offer differing levels of protection of personal information, which are not as high as in Australia. By submitting PII to us, you acknowledge that provided we have used your data in the ways set out in this Policy, we cannot be held responsible for any use of your data by third parties who receive and process your data.
Cookies
We use “cookies” technology to store data on your computer using the functionality of your browser. Many websites do this because cookies allow the website publisher to do useful things like finding out whether the computer (and probably its user) has visited the site before. You can usually modify your browser to prevent cookie use, but the Service (and the Website) may not work correctly if you do this. The information stored in the cookie is used to identify you. This enables us to operate an efficient service and track the website's behaviour patterns of visitors.
Also, when serving advertisements to this Website (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by such third-party advertisers or ad servers is not subject to this Policy but their respective privacy policies. (Please note that use of the Website is neither intended for nor directed to children under the age of 18.)
Emails
Please note that we may email you for the following purposes:
As part of the Service. For example, we send (or may send) emails to you in some of the following example circumstances:
- After Registration, notifying you of your account details;
- As reminder emails about the services we offer (mainly if you have not used them yet or not used them for a while);
- To send you information or Vouchers which you have asked for;
- As a newsletter;
- As promotional emails;
- To offer related services to you from 93Creative
However, in terms of any marketing or promotional emails we may send, we will always give you a chance to opt-out (or opt-outcribe) from them in the future.
Security and Retention
The PII we hold will be held securely within our systems per our internal security policy and the law. We have data until three years after it is last accessed or used by us.
Regarding information transmitted between the Website and users, while we take reasonable precautions to safeguard this information, we may be unable to prevent unauthorised access to such information by third parties or inadvertent disclosure of such information during transit. Users acknowledge this risk when communicating with the Website.
Transfer in Certain Circumstances
Suppose there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation or 93Creative, then, in our sole discretion. In that case, we may transfer, sell or assign information collected on and through this Website (including, without limitation, PII and other information) to one or more relevant third parties.
Customer Service
Please contact us if you have any questions or concerns or wish to request access to your personal information held by 93Creative.
Disclaimer
When purchasing products from this Website, the Customer acknowledges and accepts that the products' payment will be transferred to third-party operated payment systems. The Customer’s basic financial information may be disclosed to third-party payment systems and its operating/controlling entity.
All information received by the third-party payments systems and its operating/controlling entity shall be managed by its Privacy Statement and Terms and Conditions found HERE. The Customer waives all rights to bring legal proceedings against the third-party operated payment systems and its operating/controlling entity regarding the entity’s capacity to receive payments for the website's operation about products supplied by the Website Operator as a result of charge from the Website.
Changes to this Policy
Please note that this Policy forms part of the Terms & Conditions for using this Website and forms part of the Agreement between you and us. From time to time, we may amend this Policy, in whole or part, at our sole discretion. Any changes to this Policy will be effective immediately upon posting the revised policy on the Website. Depending on the nature of the change, we may announce the change: (a) on the home page of the Website, or (b) by email, if we have your email address. However, in any event, by continuing to use the Website following any changes, you will be deemed to have agreed to such changes. If you disagree with the terms of this Policy, as it may be amended from time to time, in whole or part, you must terminate your use of the Website.
93Creative Service’s Proprietary Rights
Service Content, Software and Trademarks: You are only authorised to use the 93Creative Service to engage in business transactions with 93Creative Australia. You may not use any automated technology to scrape, mine or gather any information from 93Creative or otherwise access the pages of 93Creative Service for any unauthorised purpose. Suppose you are blocked by 93Creative Service from accessing 93Creative Service (including by blocking your IP address). In that case, you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the 93Creative Service or distributed in connection are the property of 93Creative, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
93Creative may contain images, artwork, fonts and other content or features (“Service Content”) protected by intellectual property rights and laws. Except as expressly authorised by 93Creative, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the 93Creative Service or the Service Content, in whole or in part. Any use of the 93Creative Service or the Service Content other than as authorised herein is strictly prohibited. Any rights not expressly granted herein are reserved by 93Creative.
The 93Creative name and logos are trademarks and service marks of 93Creative (collectively the “93Creative Trademarks”). Other company, product and service names and logos used and displayed via the 93Creative Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to 93Creative. Nothing in these Terms of Service or the 93Creative should be construed as granting any license or right to use any of 93Creative Trademarks displayed on the 93Creative Service without our prior written permission in each instance. All goodwill generated from 93Creative Trademarks will inure to 93Creative's exclusive benefit.
Third-Party Material: Under no circumstances will 93Creative be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third-party providers of such content and materials are express and intended third-party beneficiaries of these Terms of Services concerning their content and materials.
93Creative may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 93Creative, its users or the public.