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TERMS & CONDITIONS

Welcome to www.pegpaste.com.au(our Online Store, Site).

Our Site gives you an opportunity to browse and purchase products offered by Peg Paste Pty Ltd (ACN 657 846 510) (we, us, our).

These Terms and Conditions (Terms) govern your use of our Online Store, and products sold through our online store (Products), and form a binding contractual agreement between us, and you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at brush@pegpaste.com.au before using our Online Store and buying our Products.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.

1. ACCEPTANCE OF TERMS

1.1 By browsing, accessing, purchasing, or using the Products offered on our Online Store, whether or not you have purchased or engaged our Products either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood these Terms and agree to be bound by them.

2. VARIATIONS TO TERMS

2.1 We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.

2.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Online Store.

2.3 The updated Terms will be taken to have effect on the date of publication.

2.4 Your continued use of our Products and the Online Store constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.

2.5 Should you object or disagree to these Terms, you must discontinue your use of our Products and services, and our Online Store.

3. COLLECTION OF DETAILS

3.1 When you purchase our Products through our Online Store, you will be required to provide us with personal details which will be stored in our database. Please refer to our Privacy Policy for further information on this.

4. ONLINE STORE TERMS OF USE

4.1 You may buy Products offered online by us by completing the order form available on our Online Store. To buy Products and services on our Online Store, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

4.2 Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferrable right to access and use our Online Store for your own personal use.You must not exploit any of Our Content for commercial benefit.Any other use of our Online Store is expressly prohibited.

4.3 You must not use the Online Store to:

(a) provide or upload false or misleading information, create a false identity or use or attempt to use another person’s Online Store account;

(b) hack into any part of our Online Store through password mining, phishing, or any other means;

(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material onto the Online Store;

(d) circumvent the Online Store’s structure, presentation or navigational function so as to obtain information we have chosen not to make publicly available through the Online Store;

(e) act in a manner that negatively affects other users, including through a denial-of-service attack or a distributed denial-of-service attack;

(f) transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to Products or services that are not deemed items, unless expressly authorised by us in writing; or

(g) attempt to modify, reverse engineer, or reverse-assemble any part of our Online Store, unless expressly authorised by us in writing.

4.4 Without limiting clause 4.3 above, you must comply with all applicable laws, regulations, codes or standards when using the Online Store.

5. PRIVACY

5.1 To the extent that you provide any personal information to us, where Personal Information has the same meaning as in the Privacy Act 1988 (Cth), and we will treat such Personal Information in accordance with our privacy policy which can be found on our Site.

6. PLACING YOUR ORDER

6.1 You may place an order to purchase our Products via our Online Store.

6.2 Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us within our sole discretion.

6.3 All orders will be processed on business days in Victoria, Australia, which are Monday to Friday, excluding public holidays.

7. ORDER PROCESS

7.1 Any order you submit via our Online Store is subject to our acceptance of your order and the availability of items. Until you complete a purchase, any item(s) in your cart are not reserved and may be purchased by other customers.

7.2 You must pay for an item at the time you place your order through our Online Store and we will deduct all amounts owing at the time of processing your order.

8. ONLINE STORE AVAILABILITY AND CHANGES

8.1 We may withdraw and/or re-offer any item listed for sale on its Online Store, including through any means of access to the Online Store (websites, domain names, URLs, landing pages and/or any other medium) if the item:

(a) becomes unavailable; or

(b) was incorrectly described or listed.

9. DISCOUNTS, PROMOTIONS AND OFFERS

9.1 From time to time, we may offer the opportunity to purchase its Products and services at a discounted or promotional price on our Online Store, subject to these Terms.

9.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Online Store.

10. PRICES

10.1 All prices for our Products are in Australian dollars (AUD) and as displayed via our Online Store or otherwise confirmed verbally at the time of purchase.

10. 2All prices for our Products are inclusive of GST.

10.3 All prices listed on the Online Store exclude delivery costs. Delivery costs are shown as a separate fee on an online order.

10.4 All prices are subject to change without notice, except as displayed online or confirmed verbally at the time of purchase.

10.5 All Products and services are offered for sale subject to availability. If an item is out of stock or not being run at a certain point in time, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.

11. PAYMENTS

11.1 Invoices and receipts for any of our Products are automatically generated to the email address entered at the time of purchase or as registered to your account, but can otherwise be requested at any time by emailing brush@pegpaste.com.au. It is your responsibility to ensure that the email address you entered at the time of purchase is correct in order to obtain any invoices or receipts that we issue.

11.2 In circumstances where we invoice you for payment, payment becomes due and payable in accordance with the date prescribed on that invoice. Failure to make payment by the payment due date may lead to suspension or termination of our Products and services in accordance with clause 19.

11.3 Some of our payments are operated through an online and automated billing system by using a default payment provider (Online Payment). Our default payment provider may include Visa, Mastercard, Amex, Shop Pay, Apple Pay, Google Pay, Paypal, and Afterpay or any other such default payment providers as nominated by us and made available on our Online Store from time to time. Where your payments are made via Online Payment:

(a) You acknowledge that each default payment provider has their own terms of use and service and you agree to the terms of use and service for that default payment provider selected by you at the time of processing your order in our Online Store.

(b) You authorise us to receive the Online Payment and agree that this may occur by either debiting your account for a once-off payment, or by debiting periodic payments over a period of time (as the case permits), to ensure that all Online Payments are met and made in accordance with these Terms and the terms of our default payment provider.

(c) You agree to ensure sufficient funds are available in your nominated account to meet each Online Payment.

(d) You agree not to cancel any Online Payment due to us and that we may rely on these Terms to reinstate or recover any cancelled Online Payment or default in Online Payment until such time as they are made.

(e) In the event there are insufficient funds in your nominated account to meet the periodic payment, or where the periodic payment is in default, we reserve our right to charge you a fee.

(f) In that event, you also uthorize us to debit your nominated account within 3 business days of the initial default, for the Online Payment and any associated fee referred above.

11.4 Any default in Online Payment or any payment by the payment date may lead to suspension, or termination of the Online Store or our Products and services in accordance with clause 19.

12. REFUNDS AND CANCELLATION POLICY

12.1 We do not provide refunds for change of mind purchases.

12.2 Any cancellation or refund request will be assessed on a case-by-case basis, in accordance with the following:

(a) Any other applicable terms for the product purchased, including any contract you have entered into with us, or our online terms of use and service as published on our Site from time to time;

(b) the costs associated with each product delivered by us to you, or otherwise where we determine in our sole discretion that genuine value has not been received or is not able to be received by you.

12.3 Refund requests must include proof of purchase showing the date of purchase of the product, a description of the product and the price paid for the product, and must be made in writing to us at brush@pegpaste.com.au.

12.4 Nothing in these Terms is intended to exclude or limit your rights as a consumer in accordance with the Australian Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law set out in Schedule 2 of this Act (ACL) whereby any refunds or claims in respect of our goods and/or services is limited to the following, at our option, unless otherwise compelled to do so by law or a Court of competent jurisdiction, as follows:

(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and

(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

13. GENERAL DISCLAIMER

13.1 You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding our Products other than provided for pursuant to these Terms.

13.2 Use of the Site and any of the Products sold on the Site is at your own risk. Everything on the Site, and our Products, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind.

13.3 You acknowledge and agree that each Product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.

13.4 All possible care has been taken in the preparation of this Online Store. However, specification and particulars in relation to the Products referred to in our website are subject to change without prior notice. We will make every effort to ensure a Product is accurately depicted on the Site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable for any errors or omissions.

13.5 We make no warranty, representation, or guarantee regarding the suitability of our Products and services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any product. You shall not rely on any data and product specifications provided by us. It is your responsibility to independently determine suitability of any Products and to test and verify the same.

13.6 Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control, and is not responsible for any delay in delivering its Products.

13.7 We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our Products and in accordance with this Online Store and further acknowledge and agree that the indemnities under clause 17 are considered reasonable.

13.8 Any testimonials and examples of our Products, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results with our Products.

13.9 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

13.10 This clause survives the termination of this agreement.

14. COPYRIGHT AND TRADE MARK NOTICES

14.1 All material within this Online Store, or otherwise delivered in connection with our Products, including (but not limited to) access to our portal, templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

14.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

14.3 The trade marks, logos, and service marks displayed on our Site to denote our brand are the registered or unregistered trade marks of us (Our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

14.4 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Our Marks without our express written permission.

14.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

14.6 This clause survives the termination of this agreement.

15. ACCESS

15.1 While we will reasonably endeavour that its Online Store is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.

15.2 Your access to the Online Store may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.

15.3 Except as expressly provided otherwise in the Terms, we reserve the right to change or discontinue any Online Store feature or service (or part thereof) on the Online Store at any time.

16. THIRD PARTY LINKS, AFFILIATES & SPONSORS

16.1 Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.

16.2 As affiliates of certain Products and services we may also receive compensation for recommending, endorsing or promoting Products and services as featured on our Online Store or in the course of delivering our Products and services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products and services which are not our own.

16.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products and services, unless expressly stated otherwise.You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products and services is for the purposes of that affiliation, endorsement and sponsorship only.We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products and services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

17. INDEMNITY

17.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against all actions, suits, claims, demands, direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

(a) your use of our Online Store:

(b) your use of our Products and services;

(c) any breach of these Terms by you; and

(d) the enforcement of these Terms.

17.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

17.3 We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Online Store or by engaging with us for our Products.

17.4 This clause survives the termination of this agreement.

18. LIABILITY IS LIMITED

18.1 We provide our Products and services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.

18.2 Without limiting the generality of clause 18.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Products and services.

18.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.

18.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.

18.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.

18.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

18.7 This clause survives the termination of this agreement.

19. TERMINATION

19.1 If you have breached these Terms or any of the terms and conditions governing the supply of our Products and services, we may (at its option, and without limiting the remedies available to it in any way) bar, suspend or terminate your access or use of the Online Store on a permanent or temporary basis.

19.2 If this occurs, you must not access or attempt to access or use the Online Store during the period of your bar, suspension or after termination.

20. NO DISPARAGEMENT

20.1 At all times, you must not make any public or private statement or comment, whether oral or in writing by any method, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of our business or is in any respect a disparaging remark or representation about us and/or any of our Products and services.

20.2 Should you breach this clause, you hereby indemnify us in accordance with clause 17 above.

21. FORCE MAJEURE

21.1 We will not be in breach of these Terms or liable to you for any Loss incurred by that other party as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

21.2 If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

21.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.

21.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

21.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;

(d) epidemic, pandemic, health emergencies, disease;

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(f) interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and

(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;

however does not include a lack of funds.

21.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

22. SEVERABILITY

22.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

23. NO ASSIGNMENT

23.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

23.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

24. BINDING ON SUCCESSORS

24.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

25. DISPUTE RESOLUTION

25.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

25.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

25.3 In the case of claims against us, all notices are to be provided to brush@pegpaste.com.au.

25.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

25.5 Once a mediator is appointed, the parties agree that:

(a) The costs of the mediator shall be borne equally between the disputing parties.

(b) The chosen mediator shall determine the procedures for mediation.

(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

25.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

25.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

25.8 This clause survives termination of these Terms.

26. APPLICABLE LAW

26.1 These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the non-exclusive jurisdiction of the courts in Victoria, Australia to determine any matter or dispute which arises between us.

27. CONTACT US

27.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.Please see our privacy policy for further details.

27.2 If you have questions or comments regarding our Online Store or our Products and services, please email us at brush@pegpaste.com.au.

© Progressive Legal Pty Ltd – All legal rights reserved (2023). These Terms were last updated on 13 March 2023.

PRIVACY POLICY

1. Introduction

1.1 Peg Paste Pty Ltd (ACN 657 846 510) (we, us, our) recognises the importance of protecting the privacy and the rights of individuals in relation to their personal information.

1.2 This privacy policy sets out our commitment to protecting the privacy of your personal information and how it is collected whether through our website (Site), directly from you or otherwise.

1.3 We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles, and we manage the collection and disclosure of your personal information in accordance with these requirements.

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

2. What is your personal information?

2.1 When used in this privacy policy, the term “personal information” has the meaning given to it under the Privacy Act.

2.2 In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation.

2.3 If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

2.4 We may also collect some information that is not personal information because it does not identify you or anyone else.For example, we may collect anonymous answers to surveys or aggregated information about how users operate on our Site.

2.5 Your personal information will not be shared, sold, rented or disclosed other than as described in this privacy policy.

3. What information we may collect from you

3.1 We may collect the following personal information from you:

a. names;

b. email address;

c. telephone number;

d. business management information;

e. billing, mailing, business and/or residential address;

f. business or company numbers and names;

g. banking, credit card, or other online payment details to process purchases; and

h. website and social media information;

i. date of birth; and

j. various forms of identification.

3.2 We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service. We collect, hold, use and disclose your personal information for the following purposes:

a. to provide our services to you;

b. to allow us to conduct our business functions;

c. to conduct internal record keeping;

d. to identify and understand user needs;

e. to enable us to process your personal data;

f. to personalise and customise your experiences on our Site;

g. to send communications requested by you;

h. to answer enquiries and provide information or advice about existing and new services;

i. to conduct market research, business development and marketing activities (including direct marketing);

j. to send you promotional information about our products and services and about third parties that we think you may find interesting;

k. to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in cooperation with any governmental authority; and

l. for our internal administrative, marketing and planning requirements.

4. How do we collect your personal information?

4.1 We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

a. when you make an enquiry about our services;

b. when you fill in any of our online forms, including when downloading free publications;

c. through your access and use of our Site, including when you register as a member;

d. during conversations between you and our representatives or through any other means or platforms, including social media;

e. when you ask to be placed on one of our subscription/mailing lists;

f. when you become a client or customer of ours or otherwise use our services;

g. when you use or access our social media pages, which may be collected through use of web analytics tools, 'cookies' or other similar tracking technologies that allow us to track and analyse your Services usage; and

h. when you visit any links shared via our social media posts, emails or other landing pages.

5. What happens if we can’t collect your personal information?

5.1 If you do not provide us with the personal information described above, some or all of the following may happen:

a. we may not be able to provide our products or services to you, either to the same standard or at all;

b. we may not be able to provide you with information about services that you may want, including information about special promotions; or

c. we may be unable to tailor the content of our Site to your preferences and your experience of our Site may not be as enjoyable or useful.

6. Our Site

Site User Tracking Experience

6.1 We may use tracking software to review and improve your experience of our Site, Surveys and landing pages. In particular, we may use Facebook Pixel, Infusionsoft, Active Campaign, Google Analytics, YouTube, etc.

6.2 When visiting our Site, the site server makes a record of the visit and logs the following information for statistical and administrative purposes:

a. the user’s server address – to consider the users who use the site regularly and tailor the site to their interests and requirements;

b. the date and time of the visit to the site – this is important for identifying the Site’s busy times and ensuring maintenance on the site is conducted outside these periods;

c. pages accessed and documents downloaded – this indicates to us which pages or documents are most important to users and also helps identify important information that may be difficult to find;

d. duration of the visit – this indicates to us how interesting and informative the our site is to users;

e. the type of browser used – this is important for browser specific coding; and

f. in order to optimize our Site and better understand it’s usage, we collect the visiting domain name or IP address, Computer Operating System, Browser Type and Screen Resolution.

6.3 We may use advertising products, such as Remarketing with Facebook, Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our Site traffic via Google Advertising cookies and anonymous identifiers.

6.4 Data collected via these Google products is not linked with any personally identifiable information you submit while on our Site. If you wish to opt out of the Google Analytics data collection, you may do so on Google's Site at tools.google.com/dlpage/gaoptout.

Cookies

6.5 When you access our Site, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our Site without bothering you with a request to register. It also enables us to keep track of services you view so that, if you consent, we can send you news about those services.

6.6 We also use cookies to measure traffic patterns, to determine which areas of our Site have been visited and to measure transaction patterns in the aggregate.

6.7 We use this to research our users’ habits so that we can improve our online services.Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. We may log IP addresses (that is, the electronic addresses of computers connected to the Internet) to analyse trends, administer the Site, track users’ movements, and gather broad demographic information.

6.8 The Site may contain content and sharing tools embedded from various social networks, such as Facebook. These suppliers may use and place cookies on your device. We do not have access to, and cannot control, these cookies or the personal data and information that they may collect. You therefore need to check the websites of these suppliers to get further information on how they manage cookies and what information their cookies collect.

Security

6.9 As our Site is linked to the Internet, and the Internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online.

6.10 We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Links

6. 11 We provide links to websites outside of our Site, as well as to third party websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of any companies, businesses, affiliates, advertisers, and sponsors, linked to our Site.

6.12 Before disclosing your personal information on any other website or to any third party, we advise you to examine the terms and conditions of using that websites and its privacy policy. Third party websites are responsible for informing you about their own privacy practices.

7. Who do we disclose your information to?

7.1 We may disclose your personal information to:

a. our directors, employees, agents, contractors or service providers, including, without limitation, consultants web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors, for the purposes of operating our Site or our business, fulfilling requests by you, and to otherwise provide services to you;

b. suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes, which may include overseas parties;

c. credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for goods or services provided by us to them, and other law enforcement officers as required by Law; and

d. any other organisation for any authorised purpose with your express consent.

7.2 We only disclose this information if the third party has agreed to comply with the standards in our privacy policy.

7.3 If there is any change or potential change to the control of our business pursuant to the sale, assignment or transfer of the business, or business assets, its assets and/or liabilities, we reserve the right to sell, assign and/or transfer our user databases, together with any personal information and non-personal information contained in those databases to the extent permitted by law. In that event, your personal information may be disclosed to a potential purchaser, assignee or transferee, however any disclosures will only be made in good faith and where confidentiality is maintained.

8. Direct marketing materials

8.1 We may send you direct marketing communications and information about our services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).

8.2 If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

8.3 In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our subscription/mailing list.

8.4 We do not provide your personal information to other organisations for the purposes of direct marketing.

9. Security and data quality

9.1 We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.

9.2 We strive to ensure the security, integrity and privacy of personal information that you submit to us through our Site. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

9.3 We endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

9.4 In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

9.5 We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed or when we are no longer required by Law to retain it (whichever is the latter).

9.6 Should a data breach involving personal information occur:

a. We will take positive steps to address the breach in a timely manner and take remedial action such that the data breach does not result in serious harm.

b. We will undertake reasonable and expeditious assessment to determine if it is an ‘eligible data breach’, that is a breach likely to result in serious harm to any individual affected.

9.7 In compliance with Privacy Amendment (Notifiable Data Breaches) Act 2017, we agree that if we become aware of reasonable grounds to believe an eligible data breach has occurred, we will promptly notify the Office of the Australian Information Commissioner (Commissioner), the Association of Market and Social Research Organisations (AMSRO) and the affected individuals at likely risk of serious harm.

10. How long do we retain your personal data?

10.1 We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

10.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

10.3 By Law, we must keep basic information about our customers (including contact, identity, financial and transaction data) for five years for Australian tax law purposes.

10.4 In some circumstances, you can ask us to delete your data; see your legal rights below for further information.

10.5 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

11. How can you access and correct your personal information?

11.1 You may request access to any personal information we hold about you at any time by contacting us (see the details below).

11.2 Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).

11.3 We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you.

11.4 We will not charge for simply making the request and will not charge for making any corrections to your personal information.

11.5 There may be instances where we cannot grant you access to the personal information we hold.For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality.If that happens, we will give you written reasons for any refusal.

11.6 If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires correction. If we do not agree that there are grounds for correction, then we will add a note to the personal information stating that you disagree with it.

12. How can you withdraw your consent to this privacy policy?

12.1 You may withdraw your consent to this privacy policy at any point.If you wish to withdraw your consent to our collection and retention of your data, please contact our Data Protection Officer at brush@pegpaste.com.au and we can arrange for your data to be deleted, destroyed or returned to the extent we are permitted by law. However, this may affect your use of this Site or any products and services offered on it.

12.2 You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this privacy policy.

12.3 To unsubscribe from our e-mail database, or opt out of any communications, please contact us at the email address listed at the start of the privacy policy, with “Unsubscribe” in the subject line of the e-mail.

13. What is the process for complaining about a breach of privacy?

13.1 If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it.

13. 2 We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act).

14. Contacting us

14.1 If you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please contact us at brush@pegpaste.com.au.

14.2 We will treat your requests or complaints confidentially.

14.3 Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved.

14.4 We will aim to ensure that your complaint is resolved in timely and appropriate manner.

15. Changes to our privacy policy

15.1 All Personal Information held by us will be governed by our most recent privacy policy, posted on our Site, where the Privacy Policy will be located.

15.2 Any changes to this privacy policy may be advised to you by updating this page on our Site. We encourage you to check this page from time to time for any changes.

© Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2023). All Rights Reserved. This privacy policy was last updated 10 March 2023.

Shipping & Handling

WHAT IS YOUR SHIPPING POLICY?

All Australian domestic orders are shipped within 48 hours Monday – Friday 8am – 5pm AEST. Orders are shipped from Victoria, Australia.

HOW MUCH DOES SHIPPING COST?

Standard flat rate: $7.00 AUD (Australian Domestic Orders Only)

For orders $50.00 and over: FREE (Australian Domestic Orders Only)

Express flat rate: $15.00 AUD

International flat rate: $30.00 AUD

For deliveries within Australian metropolitan areas, please allow 1 – 4 business days for express orders, and 2 - 8 business days for standard orders to arrive.

DO YOU SHIP TO WHOLESALERS?

Yes, all wholesale orders are shipped within 48 hours Monday – Friday 8am – 5pm AEST. Orders ship from Victoria, Australia. For information and rates, please contact brush@pegpaste.com.au.

DO YOU SHIP INTERNATIONALLY?

Yes. International orders can be shipped for a flat rate of $30 AUD.

REFUND POLICY

HOW DO I REQUEST A REFUND OR EXCHANGE?

We're sorry there's an issue with your PEG PASTE product. To exchange, or you’d like to process a refund, please reach out to brush@pegpaste.com.au with your order number and the products you'd like to exchange or be refunded for.

WHAT’S YOUR REFUND POLICY?

All refunds must be processed within 14 days of receiving the order.

HOW LONG DOES IT TAKE TO PROCESS A REFUND?

Credit card refunds usually take 5-10 business days to appear on your bank statement.

WHAT SHOULD I DO IF I RECEIVE THE WRONG ORDER?

If you received a product different from the one that you ordered, please contact us at brush@pegpaste.com.au.

WHAT SHOULD I DO IF MY PRODUCT IS DAMAGED?

If you received a product that is damaged or faulty, please contact us at brush@pegpaste.com.au.

PAYMENT POLICY


WHAT FORMS OF PAYMENT DO YOU ACCEPT?

We accept Paypal, Afterpay, Visa, Mastercard, American Express, and JCB credit cards or debit cards. Unfortunately, we cannot accept cheques or money orders.

WHAT CAN I DO IF MY PAYMENT IS DECLINED?

Don't panic! Here are a few things to check if your payment didn’t go through: Check that your card’s billing details (such as your name, the security code and billing address) match what you’ve entered into our system.

WAIVER DISCLAIMER

1. APPLICATION

1.1 This Disclaimer and Waiver applies to the provision of Services by Peg Paste Pty Ltd (ACN 657 846 510) (we, us, our) to you. By paying for, accessing or participating in the Services, as defined below, you agree to this Disclaimer and Waiver.

1.2 For the purposes of this Disclaimer and Waiver:

(a) Claim means any claim, counter claim, cross claim, action, proceeding, application, complaint, course or action, judgment or demand;

(b) Products means products sold by us;

(c) Services means the provision of the following:

i. the sale of natural mint toothpaste;

ii. the provision of information in relation to our Products;

iii. the provision of educational content in relation to our Products or related products and services; and

iv. any other services offered in the future; and

(d) Site means our website at www.pegpaste.com.au.

2. GENERAL DISCLAIMER

2.1 We provide our Services on an "as-is" and "as available" basis and whilst every effort is taken to ensure the information provided is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy the information provided by us or our Products or Services in general.

2.2 None of the Products or Services provided by us are a promise or guarantee of results or an improvement in relation to your dental, oral or overall physical health.

2.3 You acknowledge and agree that we, our employees, affiliates, and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Products or Services.

2.4 Any testimonials and examples of our Products or Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.

2.5 We make no warranty, representation, or guarantee regarding the suitability of our Products or Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Service. It is your responsibility to independently determine suitability of any Service and to test and verify the same.

2.6 Any information, any documents, any guidelines, or recommendations made by us in relation to our Services are made on the basis of information that was available to us at the time.

3. SERVICE SPECIFIC DISCLAIMER

3.1 You acknowledge and agree that all information contained on our Site is purely informational and intended for general knowledge only. You should not rely on this information as a substitute for medical advice.

3.2 You understand and acknowledge that Products we sell are not intended to diagnose, treat or prevent any disease, including and not limited to any dental or oral disease. Nothing on our Site is intended to constitute medical or professional health care advice, diagnosis, treatment or consultation.

3.3 If you have a health condition, you should always consult with your health care professional before engaging our Products or Services. We will not be held liable for any injury that may arise by reason of your use of our toothpaste, or failure to obtain the requisite medical or professional advice. Without limiting the generality of this clause, a reference to “any injury” includes:

(a) any allergic reaction to our Products;

(b) any injury arising through the use of our Products; and

(c) any other physiological response to our Products, whether requiring medical assistance or not.

3.4 You warrant that you are of sound mind when you accept this Disclaimer and Waiver, and have the capacity to accept full responsibility for assessing whether you are willing to participate in purchasing our Products. In summary, you acknowledge that our Products and Services include some element of risk to which we will not be held accountable for.

3.5 You acknowledge that we are not liable for any Claim you bring against us or any injury or loss you may suffer as a result of using our Products or Services.

3.6 You accept full responsibility for informing yourself and assessing all the dangers, hazards and risks of being involved with the Products and Services we provide, especially if you have a physical injury or medical condition, including, but not limited to a life threatening medical condition, such as allergies that result in an anaphylactic reaction, a heart condition or any other medical condition, and you will rely solely on your own assessment of these dangers, hazards and risks before using our Products and Services.

3.7 In relation to our Products, you understand and acknowledge that:

(a) Whilst we aim to ensure the descriptions of our Products are accurate, we do not guarantee that the information is accurate at all times;

(b) We reserve the right to change any descriptions of Products at any time with no notice to you; and

(c) Unless otherwise indicated, any decorations or accessories which are shown in the photographs of our Products are not included within our Products or Services.

4. WAIVER AND RELEASE OF LIABILITY

4.1 To the extent permitted by Law and in consideration of being permitted to use or Products or participate in our Services, you agree that you will not make, take or seek any Claim against Peg Paste Pty Ltd (ACN 657 846 510) and its officers, employees, agents, and independent contractors (all collectively referred to as “the Releasees”) arising directly or indirectly out of or in connection with your use of our Products or participation in our Services and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your use of our Products or participation in our Services.

4.2 Without limiting the above, you acknowledge and agree that in the event that you are injured, you will bring no Claims, legal or otherwise, against the Releasees in respect of that injury or damage and you hold the Releasees harmless.

4.3 You agree to release, waive, acquit and forever discharge the Releasees from all Claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by us or otherwise resulting from the Products or Services provided by us.

4.4 You agree to hold harmless and indemnify the Releasees from any and all Claims made against, or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your use of our Products or participation in our Services.

4.5 This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.

4.6 This Disclaimer and Waiver operates jointly and severally in favour of the Releasees.

5. ACKNOWLEDGEMENT OF UNDERSTANDING

5.1 You acknowledge that you have read this Disclaimer and Waiver and fully understand its terms. You acknowledge you are 18 years or over. You understand that you are giving up substantial rights. You further acknowledge that by using our Products or participating in the Services you agree to this Disclaimer and Waiver freely and voluntarily.

© Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2023).All Rights Reserved. This document was last updated on 13 March 2023.

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