Website Terms & Conditions and Privacy Policy

MEMORY WORLDWIDE TERMS AND CONDITIONS
 
In these Terms and Conditions (Terms), "we" or "us" means Memory Worldwide Pty Ltd ABN 17 155 127 370, its successors and assignees. "You" means the person, organisation or entity that purchases a membership to use our products and services (Membership). The Terms apply to all Membership sales made by us to consumers through www.memorizeperiodictable.com.
 
These Terms form the agreement under which we will supply a Membership to you. Please read these Terms carefully. Please contact us if you have any questions, before you purchase a Membership from us. Our contact details are at the end of these Terms.
 
Your purchase from us indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older. You must not purchase a Membership from us if you are under eighteen (18) years of age. If you do not agree to these Terms, do not purchase from us.
 
Our Terms of Use set out terms and conditions for using our Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on our Site.
 
1. Membership:
(a) You can purchase a Membership for our products and services as set out on our Site. We may, at our discretion, accept or reject a request for Membership depending on factors including the availability of our products and services, and our ability to validate payment for such products and services.
(b) It is your responsibility to check your payment details before you complete the Membership process on our Site.
(c) A binding agreement comes into existence between you and us, once your payment has been completed. No changes to the Terms, by you, will be effective unless we both agree to the changes in writing.
(d) Upon completion of the Membership process and payment, an account will be created for you to use our products and services (Account).
(e) We will provide you with a username and password for your Account when you make payment on our Site. It is your responsibility to keep the details of your Account confidential. You are liable for all activity on your Account, including any further payments or purchases made using your Account details.
 
2. Payments:
(a) You agree to pay the purchase price specified on the Site at the time that you request a Membership. All amounts are stated in USD.
(b) You must pay for a Membership via the payment methods available on the Site. Your payment will be processed once you have completed the Membership process. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
 
3. Cancellation and Termination:
(a) You may cancel or terminate your Membership by sending an email to
(b) We may terminate your Membership immediately, in our sole discretion, if:
i. you make any attempts to modify, copy, adapt or reproduce any of our products or services which are provided to you through your Membership;
ii. we reasonably suspect that you are attempting to distribute, encumber, sell, rent, lease, sub-license, or otherwise transfer, publish or disclose our products and services to third parties;
iii. we consider that a request made by you is inappropriate, improper or unlawful;
iv. you fail to provide us with clear or timely instructions to enable us to provide products and services to you;
v. we consider that our working relationship has broken down including a loss of confidence and trust; or
vi. for any other reason outside our control which has the effect of compromising our ability to provide the products and services required within the required timeframe.
 
4. Delivery:
(a) Location: We can provide you with a Membership anywhere in the world which allows access to our Site and Membership portal.
(b) Timing: You should be given access to your Account within minutes of your Membership request and payment being processed.
(c) Title: Title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products.
(d) Risk: Risk of loss, damage or deterioration to any products will pass to you on delivery.
(e) Delay: If there is a considerable delay in providing you with Membership access, or if for any reason, we cannot supply a product or service to you that is included in your Membership, we will contact you using the contact details provided by you when you completed the Membership process, and offer you a refund.
 
5. Discount Codes and Promotions: We may from time to time offer promotional discount codes, which may be applicable through the Site, and must be entered at the time of payment. The conditions of use relating to any discount code will be specified at the time that it is issued.
 
6. Consumer Guarantees and Refunds Policy
(a) Seller’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.
(b) If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
(c) Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.
(d) We provide a thirty (30) day money back guarantee. If you wish to seek a refund for your Membership, please contact us within thirty (30) days. Subject to the ACL, no refunds will be provided to you after thirty (30) days.
 
7. Intellectual Property
(a) Intellectual Property includes but is not limited to:
i. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks),
patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
ii. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or product; and
iii. all products developed in whole or in part by us.
(b) Your Membership provides you with access to our products and services which contains material that is owned by or licensed to us and is protected by Australian and international laws (Materials).
(c) Title to, and all Intellectual Property rights in our Site, Materials, and related products and services, remain our property. Your right to use such Intellectual Property is subject to these Terms.
(d) In addition, title, ownership rights and Intellectual Property rights in and to any content displayed on or accessed through the Site, or our products and services, are the property of the applicable content owner and may be protected by applicable copyright or other law. Your Membership and these Terms gives you no rights to such content.
(e) You must not breach any of our Intellectual Property rights by, including but not limited to:
i. altering or modifying any of the Materials;
ii. creating derivative works from the Materials; or
iii. using our Materials for commercial purposes such as onsale to third parties.
(f) You acknowledge and agree that any breaches of this clause may lead to termination of your Membership.
 
8. Disclaimer and Limitation of Liability:
(a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers and employees accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
(b) You acknowledge and agree that we do not guarantee the results of our products and services. We accept no responsibility and will not be liable for any decisions or actions that you make or take following the use of our products and services. The success of our products and services are dependent on your application of our products and services, and your reliance on any methods or information provided to you through our products and services are at your own risk.
(c) Certain legislation including the ACL, Consumer and Competition Act 2010 (Cth), similar State or Territory legislation in Australia and similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified (Rights).
(d) We exclude all implied conditions and warranties except for your Rights, to the extent permitted by law, including but not limited to:
i. we expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
ii. we do not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;
iii. we take no responsibility for, and will not be liable for, the Site or the products being unavailable; and
iv. we will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.
(d) Our total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under these Terms.
 
9. Amendment:
These Terms may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before purchase. Our agents, employees and third parties do not have authority to change the Terms.
 
10. Indemnity:
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms.
 
11. General:
(a) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law
(b) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
(c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least two (2) months, we may terminate our agreement with you by giving you five (5) business days' notice in writing.
(d) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(f) Assignment: You must not assign any rights and obligations under these Terms whether in whole or in part without our prior written consent.
(g) Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(h) Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of Queensland and the Commonwealth of Australia. These Terms are governed by the laws of Queensland and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Queensland. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
(i) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between us and you and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
 
For any questions or notice, please contact us at:
Memory Worldwide Pty Ltd ABN 17 155 127 370
19 Barton Street, Toowoomba QLD 4350
Phone: +61 418 872 749
Email: [email protected]
Last update: 14 October 2014


MEMORY WORLDWIDE PRIVACY POLICY

This privacy policy sets out how Memory Worldwide Pty Ltd uses, discloses and protects any personal information that you provide or that we collect, when you use this website or that we collect directly from you.

We are committed to ensuring that your personal information is protected. If we ask you to provide certain information by which you can be identified when using this website, it will only be used in accordance with this privacy policy and the Australian Privacy Principles. If you do not wish to provide personal information to us then you do not have to do so, but it may affect your use of this website or the products and services offered on it.

We may change this policy from time to time by updating this page. You should check this page regularly to ensure that you are at all times aware of the current policy. This policy is effective from 21 September 2014.

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this website or any products and services offered on it.

Collection of personal information
We may ask you to provide the following information:
- name;
- job title;
- contact information, including email address;
- demographic information such as address, postcode, preferences and interests;
- and other information relevant to customer surveys and/or promotions.

We do not collect sensitive information about visitors to our website.

As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.

If we receive your personal information from third parties, we will protect it as set out in this Policy.

Use of personal information

We collect and use the personal information for purposes including:
- to better understand your needs, enabling us to improve our products and services;
- for internal record keeping;
- to circulate promotional emails about new products, special offers or other information which we think you may find interesting;
- direct marketing;
- to contact you (by telephone, email, fax or mail) for market research purposes;
- and to customise the website according to your interests.

Disclosure of personal information

We may disclose personal information:
- for the purpose of providing services to customers;
- to credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for goods or services provided by us to them;
- to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- and to third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you.

This may include parties located outside of Australia. Where we disclose your personal information to third parties for these purposes, the third party will be obligated to use that personal information in accordance with this Privacy Policy.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used for direct marketing purposes;
- and if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at [email protected]

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you please write to 19 Barton Street, Toowoomba, Queensland, 4350, Australia or email us at admin@memorizeperiodictable.com. We will respond within a reasonable time. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected] We will respond to any request within a reasonable time and will endeavour to promptly correct any personal information found to be incorrect so that the personal information is accurate, up to date, complete, relevant and not misleading.

Complaints

If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach then please email us at [email protected] setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

Storage and Security

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies & Web Beacons

We may use cookies on this Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.

We may use web beacons on this Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

Links to other websites

Our website may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.

Amendments to this policy

This policy may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.