Exeed Pty Ltd – Terms of Use and Privacy Policy

Terms of Use

Welcome to Exeed.

Your access to and use of our website (https://www.exeed.com.au/) hosted by GoDaddy Operating Company, LLC (the Website), including your order of products or services through the Website, is subject to these Terms of Use, our Privacy Policy, and our Terms of Trade.

In these Terms of Use, a reference to we, us or our is a reference to Exeed Pty Ltd ACN 140 757 768.

Please note in particular the provisions in these Terms of Use relating to the rights you grant us to use content that you upload to the Website (clause 5), limitations on our liability to you (clause 8), and your agreement to indemnify us in the event of any breach by you of these Terms of Use (clause 9).

  1. Accepting the Terms of Use
    • Please read our Terms of Use carefully before accessing or using the Website.
    • By accessing or using the Website, including by placing orders on the Website, you acknowledge that you have read and understood and agree to be bound by the Terms of Use.
  2. Changes to the Terms of Use
    • We may change our Terms of Use from time to time. Any changes we make will be effective immediately upon our posting of the changes on the Website. Please check back from time to time to review our Terms of Use. By continuing to use the Website and/or by placing orders with us, you agree to be bound by the updated Terms of Use.
    • If you do not agree to be bound by the Terms of Use, or any updates to them, you must immediately cease using the Website.
  3. Conditions of use

You agree:

  • that you may be asked to provide proof of identity to access the Website or to purchase our products or services on the Website, and that your access to the Website or order of our products or services may be refused if you do not provide proof of identity when we request you to do so;
  • not to use another person’s details without their consent;
  • not to use the Website in any way that is illegal, that will infringe the rights of any third party or that breaches these Terms of Use;
  • to ensure that all information and data you provide to us on the Website, including on your account, is correct, accurate and current;
  • not to attempt to exploit, alter, modify, reverse engineer, or create derivative works of the Website or the materials on them;
  • not to copy, share or insert a link to the Website for the purpose of advertising or promoting yourself or any third party, or suggesting that you or a third party has a sponsorship, affiliation or other connection with us, unless you have our prior written consent to do so;
  • not to interfere in any way with the Website or the activities of other users, or to introduce computer viruses, spyware programs, or any software which may affect or compromise the security, availability or use of the Website; and
  • to comply with all laws, rules, and regulations applicable to your use of the Website and our products or services, including laws relating to copyright.
  1. Intellectual Property in Our Content
    • All trademarks, copyright, database rights and other intellectual property rights of any nature in the content, layout and design of the Website and our products or services (Our Content) are owned by or licensed to us. All our rights in respect of Our Content are fully reserved.
    • In consideration of you agreeing to these Terms of Use, we grant you a non-exclusive, royalty free, revocable, non-transferable, non-sublicensable licence to use the Website in accordance with these Terms of Use.
    • Nothing in these Terms of Use constitutes, or may be construed as, a transfer of any intellectual property rights in Our Content to you.
    • You must not reproduce, sell, license, or otherwise exploit Our Content, unless you have our prior written consent to do so.
  2. Intellectual Property in User Content

To the extent we allow you to post, upload, transmit or otherwise make available any information, images, video, suggestions, comments, improvements, ideas, feedback or other data on the Website (User Content), you agree that:

  • you are solely responsible for the User Content that you post, upload, transmit or otherwise make available;
  • you will not share anything which you do not have the permission or right to share;
  • you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty free and sub-licensable licence to use, exploit, distribute, publish, and create derivative works from, all such User Content (excluding personal information) including for the purposes of advertising and marketing our website and the Services, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity;
  • you consent to the doing of any acts or making of any omissions by us that may infringe on your moral rights in User Content; and
  • the User Content that you post, upload, transmit or otherwise make available does not infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark, or other intellectual property rights.
  1. Links to external websites
    • Our Website may contain links to other websites (Linked Websites) which we do not control. We do not make any representations or provide any warranties about the currency or accuracy of the content on those Linked Websites. We will not be liable for the content or privacy practices associated with Linked Websites.
  2. Warranties
    • To the maximum extent permitted by law, we give no warranties or representations of any kind whether express, implied, statutory or otherwise about our Website, including but not limited to any warranties or representations relating to the accuracy, adequacy, security or completeness of any information contained on the Website.
    • You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on the Website. To the extent permitted by law, we exclude liability of any nature for any losses which you may sustain as a result of such activity, including but not limited to any damage to your computer system, its software or any loss of data.
  3. Limitation of liability
    • To the maximum extent permitted by law, we and our directors, officers, employees, contractors, agents and any other related persons, subsidiaries and related bodies corporate of any kind, will not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses, claims, expenses or liabilities arising in connection with your use of the Website.
    • We may restrict, suspend, or terminate your access to the Website or any feature of it for security, operational or maintenance reasons without notice. We may revise the content of, amend links on, or withdraw access to, our Website without notice. We will not be responsible for any loss, cost, damage or liability that may arise as a result.
    • Nothing in these Terms of Use limits or excludes any guarantees, warranties, representations, or conditions implied by law, including the Australian Consumer Law, which by law cannot be limited or excluded.
  4. Indemnity
    • You agree to indemnify us, our directors, officers, employees, agents, and affiliates, from any and all claims, liability, damages and/or costs (Claims) arising from or in connection with your misuse of the Website or your breach of these Terms of Use, except to the extent we (or our directors, officers, employees, agents or affiliates) cause or contribute to the Claim.
  5. Collections notice and privacy
    • We collect your personal information so we can provide our products or services to you.
    • Your personal information is stored by GoDaddy Operating Company, LLC on their servers.
    • We will use any personal information you supply to us when using the Website in accordance with our Privacy Policy. For a complete description of how we use and protect your personal information, please see our Privacy Policy.
    • If you object to us transferring or using your information as detailed in the Privacy Policy, you must immediately cease using the Website.
  6. General
    • If any provision of these Terms of Use is held for any reason to be illegal or unenforceable, then that provision will be disregarded and will not affect the enforceability of the remaining provisions of these Terms of Use.
    • The laws in force in the State of Victoria will govern these Terms of Use. You agree to submit to the non-exclusive jurisdiction of the courts of that State.
    • You may not assign or transfer your rights under the Terms of Use without our prior written consent. You agree that we may assign or transfer our rights under the Terms of Use, including to a subsidiary or affiliate or a third party that acquires our business.

Privacy Policy

Exeed Pty Ltd ACN 140 757 768 (we, us or our) are bound by the Privacy Act 1988 (Cth), including the Australian Privacy Principles (Privacy Law).

This Privacy Policy describes the way that we collect, hold, store and disclose your personal information. We respect your personal information and will treat it in accordance with the Privacy Law.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy.

What personal information do we collect and hold?

“Personal information” is information we collect or hold which is reasonably identifiable as being about you.

The personal information we collect about you may include your identity and contact details, your address, date of birth, gender, history of purchases, financial information such as credit card and/or bank account numbers, and information on how you use our services. If you apply for a job with us, we may collect your resume, cover letter, contact details and reference reports.

You are not required to provide us with any of your personal information. However, if you do not provide us with your personal information, we may not be able to provide you with our services, communicate with you or respond to your enquiries.

How do we collect personal information?

We collect personal information about you when you access, use, or browse our website hosted by GoDaddy Operating Company, LLC (Website), for example when you register with us, when you purchase any of the products or services we display on the Website or when you contact us.

We will primarily collect your personal information directly from you, such as when you:

  1. access, use or browse our Website;
  2. request information from, or provide information to, us via our Website, telephone, email or social media;
  3. respond to surveys and/or promotions;
  4. provide us with financial or credit card information;
  5. communicate with our customer support; or
  6. otherwise interact with us.

We may also from time to time collect personal information about you from third parties, such as our promotional partners.

We may ask you to provide personal information about other individuals to us, for example, contact details of people you refer to us. You must obtain such individuals’ consent before providing their personal information to us, and by providing their personal information to us, you warrant that you have obtained such consent from them.

Why do we collect personal information?

We may collect, hold and use your personal information so that we can:

  1. provide our services to you;
  2. maintain user profiles within the Website;
  3. verify your identity;
  4. identify and tell you about other products or services we think may interest you;
  5. conduct market research and analysis;
  6. improve and develop the Website and our services, including the way we provide them to you; and
  7. assist you with your enquiries.

From time to time, we may also use your personal information to send you promotional material in relation to our services or the products and services displayed on our Website. If we do so, we will provide you with the option to opt-out of receiving this material.

To whom do we disclose personal information?

We may disclose your personal information to our related companies, employees, officers, insurers, professional advisers, agents, distributors, suppliers, subcontractors or external service providers, advertising agencies, and data storage and analysis service providers, insofar as is reasonably necessary for the purposes set out in this Policy.

Where we disclose your personal information to third parties, disclosure will be as permitted under the Privacy Law and/or with your consent if required.

We do not sell or trade personal information about you to or with third parties.

How do we store and secure personal information?

We value the security and confidentiality of the personal information we collect and hold about you.

We store most personal information we collect and hold about you in computer systems and databases operated either by us or our external service providers. We also record some information about you in paper files which we store securely.

We implement and maintain processes and security measures to protect personal information we hold from misuse, interference, loss, or unauthorised access, modification or disclosure.  These processes and systems include:

  1. security measures for our systems access;
  2. limiting access to those employees who require access to allow us to deliver our services;
  3. periodic evaluation of information protection practices;
  4. ensuring that our service providers have appropriate security safeguards to keep the personal information we hold about you secure; and
  5. use of secured data storage.

We will retain your personal information for as long as it is required for our business functions, or for any other lawful purpose.

When we no longer need to retain your personal information for the purposes outlined above, we will destroy or de-identify the information as required by law.

While we take these reasonable steps to protect the personal information we hold about you, you should take appropriate care to help safeguard your information.

The Website may contain links to other websites. We do not share your personal information with those websites, and we are not responsible for the privacy practices of the owners or operators of those websites.

Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. Those countries with which this is most likely to occur include New Zealand and the United States of America.

Cookies

We may use ‘cookies’, web beacons and other similar technologies on our Website. Cookies are small text files stored on your computer, mobile device or the web page you are viewing.

We may use this information to provide our Website to you, for statistical, marketing and website development purposes, and to enhance your personalised experience of our Website. To the greatest extent possible, this data is anonymous.

For example, when you visit our Website, we collect general anonymous information (such as information downloaded, pages visited and the domain name and country from which you request information) periodically for statistical and website development purposes.

We will not make any attempt to use this information to personally identify you.

You may choose not to use cookies by selecting the appropriate settings in your browser or device. However, please note that if you do so, this may affect your ability to use the full functionality of our Website.

Access to and correction of personal information

You can request access to, and request us to update or correct, the personal information we hold about you.

If you would like to do so, or if you would like any further information about our privacy policy and practices, please contact us at:

Brad Hogan

18 Babbage Drive, Dandenong South, VIC 3175

Telephone: +61 3 854 86300

Email: bhogan@exeed.com.au

We may refuse to provide you with access if the law allows us to do so.

Currency of this Privacy Policy

This Privacy Policy was last updated on the 19th of November 2020.

Changes to this Policy

We may change this Privacy Policy from time to time to reflect any changes in legal requirements or the way in which we deal with your personal information. We will publish the most recent version of our Privacy Policy on our Website which will take effect as soon as it is published. By continuing to use our services, you will be deemed to have accepted any changes to our Privacy Policy.

You can obtain a copy of our current Privacy Policy from our Website or by contacting us at the details above.

Complaints

If you wish to make a complaint about how we handle your personal information, please contact us on our contact details above. We will make every endeavour to respond to your request promptly.

If you are not satisfied with our response or we do not respond within 30 days, you can make a complaint to the Office of the Australian Information Commissioner.