Terms of Use
TERMS OF USE
Better Care
Effective Date: 29/09/2022
By accessing bettercaresupportservices.com.au you are agreeing to the following terms of use set out by Better Care (ABN 96 576 751 387).
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Please read these terms and conditions carefully before using Our Service.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Country refers to: Queensland, Australia
Company (referred to as either "the Company", "We", "Us", or "Our" in this Agreement) refers to Better Care, Koo Wee Rup, Vic.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as Terms) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available by the Service.
Website refers to Koko Cosmetica, accessible from kokocosmetica.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLEDGEMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
TERMINATION
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 AUD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
DISPUTE RESOLUTION
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
FOR EUROPEAN UNION (EU) USERS
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
Severability
if any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
CONTACT US
If you have any questions about these Terms and Conditions, You can contact us at contact@bettercaresupportservices.com.au
Privacy Policy
PRIVACY POLICY
Better Care
Effective Date: 29/09/2022
Your Privacy and Better Care (ABN 96 576 751 387) (collectively and individually referred to as “Better Care”, "Better Care Support Services", “we”, “us” or “our”).
WHO WE ARE AND HOW YOU CAN CONTACT US
We are Better Care and we are based in Victoria, Australia. We are committed to protecting your privacy and respecting and upholding your rights when you use this Site. This Privacy Policy applies to the products and/or services we provide on our Site [bettercaresupportservices.com.au] and our social media channels, and explains how we collect, hold, use and disclose data and comply with the requirements of the Privacy Act 1988 (Cth) and constitutes part of our Website Terms & Conditions. This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Instagram, Facebook, Pinterest, Twitter, or YouTube, that information is governed by the privacy policies on those websites and is not governed by this Privacy Policy.
You can contact us for privacy-related questions by emailing us at contact@bettercaresupportservices.com.au
We will only use your personal information in compliance with Australian Privacy Laws (Privacy Act (1988 (Cth)), Australian Privacy Principles, and to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation or guidelines and standards governing the use, storage or transmission of personal data.
OUR ROLE IN YOUR PRIVACY
If you are a customer, subscriber, or just a visitor on our Site, this Privacy Policy will apply to you.
OUR RESPONSIBILITIES
As we are the providers of the products and services on this Site, we determine how and why your data is processed. We do not sell or rent your details to any third parties. We are committed to protecting your privacy and we want you to know exactly what information is collected and how we use it.
YOUR RESPONSIBILITIES
Please read this Privacy Policy and our Website Terms & Conditions. If you provide us with any data relating to a third party, you confirm that you have the right to authorise us to process that data on your behalf in accordance with this Privacy Policy.
WHEN AND HOW WE COLLECT DATA
From the moment you visit our Site, we are collecting data, sometimes you might provide this data by completing a form or setting up an account, otherwise, we might collect the data automatically. We may also collect data when:
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You purchase a gift card for redemption on our Site
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You purchase an online course, webinar, program, or service
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You interact with us on social media
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You complete any sign-up forms, landing pages or send us a direct message via social media or an email to any of our nominated emails
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You participate in events, promotions, and giveaways or any request for additional data such as customer surveys
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You accept our cookies and other tracking technologies on any device you use to interact with us
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You voluntarily submit your data to us for any reason
TYPES OF DATA WE MAY COLLECT
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Contact details (name, address, email)
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Financial Information (bank details when you are making a purchase)
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Your business name (sometimes)
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Basic information about your business and its history (sometimes)
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Data about the products or services you purchase
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Data about your experience with our Site and our products and services
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Data relating to your circumstances and such other information that is relevant to the products or services we provide to you
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Data relating to your attendance at seminars or other events held by us (including webinars and podcasts)
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Data that identifies you (your IP address, login, browser type, time zone, browser plugins, geolocation, what operating system, and version) - we do not link this with any personal Data
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Data on how you use our Site (URL clicks, products and services views, how long you are on our pages and other actions)
USE AND DISCLOSURE OF YOUR DATA
Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.
We will use your data for the purposes it was collected and related purposes that include:
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Operating our Site
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Providing you with products, information, and services
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Customer support
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Detecting and preventing fraud
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Improving our Site
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Making your experience on our Site more efficient and enjoyable
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Market research e.g. we may contact you for feedback about our products and services
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Provide you with information about events, other products or services, or opportunities that may be of interest
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Marketing (with your consent)
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Monitoring your compliance with our Website Terms and Conditions
We may disclose your data for the purposes it was collected and also:
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As required by law subject to our obligations
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With your consent
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Within our business
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To send you marketing material (with your consent)
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To process your participation in any promotions and giveaways (including contacting you if you win, displaying your name online and on our social media platforms)
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Share with third parties to enable us to provide our products and/or services
GOOGLE ANALYTICS
We use Google Analytics functions. You can find out how your data is collected here and there are instructions here on how to opt-out of Google Analytics data tracking.
Our use of Google Analytics may include but is not limited to display advertising and remarketing. You may see our adverts across the internet, this is due to the use of tracking technologies (cookies) to optimise and serve our adverts based on past visits to our Site. When you log onto our Site, we, with the help of Google Analytics, use your browsing behaviour to connect this with other data that you previously provided to us in accordance with this privacy policy.
FACEBOOK INSIGHTS
We use Facebook Insights to track your interaction with our Facebook page https://www.facebook.com/bettercaresupportservices/, this will allow us to track usage and improve the performance of our page. We will use Facebook Analytics to better measure, track and understand customer user experience to enable us to improve our products and services that we offer. You can check out Facebook’s privacy policy here, and if you want to opt out of seeing ads on Facebook based on information we have received, you can control this in your ad preferences here.
CHOOSING NOT TO PROVIDE PERSONAL DATA
You can choose not to provide us with any personal data. However, if you do this, we will not be able to provide you with any products or services, however, you can continue to use our Site and browse the pages of our Site.
TURNING OFF COOKIES
Our Site uses cookies and similar technologies to provide certain functionality to our Site. You can turn off cookies by activating the setting in your browser that allows you to do this. You can also delete cookies through your browser settings. If you do decide to turn off cookies, you can continue to use the Site, however, certain services may not work as effectively.
MARKETING
We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved we will obtain your consent (which you can withdraw at any time). You can change your mind about marketing material by opting out by:
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completing the contact us form on our contact page; or
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unsubscribing within the email if you have previously subscribed to our newsletter.
YOUR RIGHTS
You can exercise your rights at any time by contacting us via the contact us page.
ACCESSING INFORMATION WE HOLD ABOUT YOU
We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We will tell you if we can't comply with your request and why.
INACCURATE INFORMATION
You can contact us to ask us to correct any information we hold about you that you believe is inaccurate.
OBJECTIONS TO USING DATA FOR PROFILING OR AUTOMATED DECISIONS
We may use your data to determine what products and services are relevant to you (e.g. tailoring our emails based on your behaviour). Otherwise, the only circumstances in which we will use this data is to provide our products and services to you.
THE RIGHT TO BE FORGOTTEN
You have the right to request for your data to be erased. This means we have to delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.
MAKING A COMPLAINT
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If you have any complaints regarding how your data is handled, please contact us via our contact page [insert link]. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner.
SECURITY OF THE DATA WE COLLECT
We realise that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data. This includes the following:
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Password access to accounts
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Storing electronic data with reputable third party storage providers who have appropriate security protections
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Limit access to personal information to individuals who need to know.
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Using payment providers who are PCI DSS compliant
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We do not store your payment details
WHERE WE STORE DATA
We use service providers based in Australia. If we transfer personal data outside of Australia, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared.
HOW LONG WE STORE DATA FOR
We will keep your data for as long as we need it, and this period will also depend on your interactions with us. If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we no longer need to keep your information, we will delete it permanently or anonymise Data that is no longer necessary.
THIRD PARTIES WHO ACCESS YOUR DATA
We share data with third parties in the following circumstances:
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Other companies in our group of companies, as necessary to operate our Site
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Our suppliers and service providers working for us e.g. payment processors
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Our professional and legal advisors
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Third parties engaged in fraud prevention and detection
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Law enforcement or other government authorities
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Share with third parties who enable us to provide our products and services which may include:
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payment processors such as Stripe, PayPal, Xero, Shopify who may process your payment for any products and services bought from us;
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Social media and analytics such as Facebook, Instagram, and Google Adwords for purpose of custom audience generation and the development of targeting criteria;
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Other third parties such as Leadpages, LeadQuizzes, Teachable, Zoom, Active Campaign, MailChimp for processing and holding Data that enables us to ensure you are kept informed of all course information, logins and marketing material, offers, promotions, newsletters, blogs, and video training.
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Where we have your consent to do so or otherwise where we are legally permitted to do so.
PAYMENT SECURITY
All of our real-time credit card authorisations are handled by secure third-party gateway providers and these are secured by the highest level of security. The following measures are taken to protect your data:
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Payments are fully automated with an immediate response.
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Your complete credit card number cannot be viewed by us or any outside party.
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All transaction data is encrypted for storage within our third-party gateway suppliers bank-grade data centre, further protecting your credit card data.
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Our third-party gateway provider is an authorised third-party processor for all the major Australian banks.
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Our third-party gateway provider will at no time touch your funds, all monies are directly transferred from your credit card to the merchant account held by us.
We use third-party gateway providers that are widely respected for providing secure and reliable online payment solutions. We have chosen to deal with the best so you can feel safe that your personal information is kept safe and secure at all times. While we attempt to protect the information in our possession, no security system is perfect, and we cannot promise that information about you will remain secure in all circumstances.
The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle branded credit cards from major card schemes. PCI DSS is a standard mandated by the card brands like Visa, Mastercard, American Express and Discover and is managed by the PCI Security Standards Council.
PCI-DSS requirements help ensure the secure handling of credit card information through our Site and the service providers.
AGE OF CONSENT
By using this site, you warrant that you are at least the age of majority in your State or Territory of residence. Our Site should not be used by anyone under the age of majority, and we do not knowingly collect data from anyone under the age of majority.
COOKIES AND HOW TO BLOCK THEM
We use cookies, this helps us improve the products and services we provide. Unfortunately, they are not the edible kind! “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies can also be used to analyse traffic and for advertising and marketing purposes. They do not harm your systems and the HELP function in your browser will tell you how to restrict or block the cookies. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. If you use browser settings to block all cookies, you may not be able to access all or parts of our Site.
WEB BEACONS
We may use web beacons (or clear gifs) on our website and in our emails. So basically when we send emails, we can track behaviour such as who opened the emails, who clicked the links and collect information such as your IP address, your browser or email type, we then put this information together to improve the performance of our email campaigns and provide you with better and/or services specific to your needs. You will always have the ability to opt out of any emails we send just click the link in the email that says “unsubscribe”.
GOVERNING LAW
This Privacy Policy and your use of this Site is governed in all respects by the laws of Australia.
UPDATES TO OUR PRIVACY POLICY
Please make sure to check in on our Privacy Policy periodically, as we may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. We will always ensure that the current date of the Privacy Policy also known as the “Effective Date” is prominently displayed at the very top of this Privacy Policy, so you know it's the latest version.