Please read the following Terms and Conditions (“T&C”) carefully as the provisions contained below govern your access and use of the Website and any purchases made by you through or in connection with the Website. 

1.    GENERAL

1.1  The Website is owned and operated by Happy Hands Co.  (ABN 54416217973), a publisher and supplier of high quality teaching resources from leading academic publishers having its principal place of business at Melbourne, Victoria (“Provider”).

1.2  This T&C apply to the following categories of users:

(a)    any persons viewing or otherwise accessing the Website; or

(b)    any persons registering as a purchaser, or purchasing through or in connection with the Website; or

(c)    any persons supplying in any other way personal information (including name and email address) to the Provider through or in connection with the Website.

All such categories of users collectively referred to as “Users”, “you” or “your”).

1.3 Your access and use of the Website and any purchases made by you through or in connection with the Website or the Store are also subject to our Disclaimer, the terms of which are incorporated in this T&C by this reference.

1.4  By becoming a User, you hereby acknowledge and agree to be bound by this T&C and our Disclaimer.  This version represents the most current version of this T&C.

2.    ELIGIBILITY

2.1  In consideration of your becoming a User, you represent and warrant that:

(a)    you are 18 years of age or older;

(b)    you have the capacity to form a binding contract;

(c)    you are not a person barred from accessing or using the Website under the governing laws of this T&C; and

(d)    your access or use of the Website does not violate any applicable law or regulation.

3.    DESCRIPTION OF THE WEBSITE

3.1   The Website offers an online shop for the purchase of handwriting therapy and teaching resources and products (“Product”) such as books, educational cards, games and puzzles, manipulatives, stickers and education toys as supplied by third party suppliers and manufacturers (“Supplier”).

3.2  The Website provides information and content (hereinafter collectively referred to as “Content”), which may include the price of the Product, description of the Product, page previews of the Product, general information on the education industry and teaching resources as well as various other information published on the Website and/or communicated to Users from time to time by the Provider.

3.3  Unless explicitly stated otherwise, any new Product, Content, services, features or applications offered or made available from time to time by the Provider through or in connection with the Website shall be subject to this T&C.

4.    PURCHASE OF PRODUCTS

4.1  You may only purchase a Product through either of the following ways:

(a)    the online shop on the Website.

4.2  All descriptions, prices, images and previews of a Product displayed on the Website and any other information and materials communicated to Users from time to time, are considered the Provider’s ‘invitation to treat’.

4.3  All orders placed by you (“Order”) represent an offer to purchase the Product. Neither the Provider nor the Supplier is bound by any Order, and the purchase of a Product pursuant to an Order is subject to availability. The Provider and/or Supplier reserves the right to accept or reject an Order in whole or in part, vary such Order, including the price relating to any Product included in an Order, and/or suspend or discontinue the supply any Product in respect of any Order.

4.4  An “Order Confirmation” shall be deemed to have occurred when the Provider sends an Order Confirmation email to you accepting in writing the Order or part or modified Order.

5.    PRICES AND PAYMENT

5.1  The price of each Product (“Purchase Price”) is stated in Australian dollars and shall be inclusive of Goods and Services Tax (“GST”) at the appropriate rate, where applicable.

5.2  If you purchase a Product outside of Australia, you are responsible for any other taxes, liabilities or duties incurred for, or in connection with, the purchase of such Product.

5.3  Full payment of the Purchase Price, the delivery charge and any other applicable amounts payable by you pursuant to this T&C (collectively, “Invoiced Amount”) must be made through the Website by you at the time of placing the Order.

5.4  The Invoiced Amount is payable by way of credit card, PayPal or any other methods as may be specified by the Provider from time to time. You hereby authorise us to deduct the Invoiced Amount from your credit card or PayPal account accordingly.

5.5  Without limiting any other rights the Provider may have under this T&C or by force of law or equity, if you fail to make full payment of Invoiced Amount by the due date, the Provider may:

(a)    charge interest at the rate of 10% per annum calculated daily on all overdue monies (excluding interest under this clause) until the same is paid in full;

(b)    charge an administrative fee for any administrative costs incurred in respect of your failure to make full payment hereof;

(c)    cancel or suspend or vary any unfulfilled Order;

(d)    cancel any rebate, discount or allowance due or payable by the Provider as at the date of the event;

(e)    pursuant to clause 7, enter at any time your premises or any other premises to inspect and reclaim possession of the Product without liability for the tort of trespass, negligence or payment of any compensation to you whatsoever;

(f)     lodge a caveat or other similar instrument over any property of yours; or

(g)    institute any recovery process as the Provider in its discretion thinks fit at your cost and expense.

5.6  You shall not be entitled to set off or deduct any amounts due and owing by you to the Provider under this T&C, whether or not an existing dispute or claim has been made by you against the Provider or for any reason whatsoever.

6.    DELIVERY AND RISK

6.1  For the purposes of this T&C, “Delivery” shall be deemed to have occurred if any one of the following applies:

(a)   Parcel Postage option:

(i)     immediately when the Product is placed in your letterbox or on any suitable surface or on the ground at the premises of the address specified as the delivery address on the Order (“Delivery Address”); or

(ii)    immediately when the Product is handed to the Delivery Recipient at the said premises of the Delivery Address; or

(iii)   if applicable by reason of clause 6.5, immediately when the Delivery Recipient collects the Product from the premises of Australia Post or any other Delivery service provider engaged by the Provider by signing on the relevant page of the delivery docket and/or on any other documents required as proof of the said collection.

6.2  You agree that the Provider is entitled to impose a delivery charge for parcel postages. All handling fees and/or delivery charges shall be included as part of the Invoiced Amount. Amounts specified by the Provider as handling fees or delivery charges on the Website, in an Order, orally or in any other written communications made to you are estimates only and may be subject to change.

6.3   All Deliveries made by way of parcel postage shall be made to the Delivery Address only and shall not be made to any other addresses unless the Provider consents otherwise prior to the date of despatch of the Product.   The Provider has the sole and exclusive discretion to decide whether such other addresses may be used for Delivery and whether any additional delivery charges should be imposed in respect of the change.  Any additional charges imposed must be paid by you prior to the Delivery of the Product.

6.4   You must ensure, and you are responsible for, the provision of a suitable and secure place within the premises at the Delivery Address for Delivery of the Product.  Neither the Provider nor the Supplier nor any delivery service provider shall be liable in any way for any damage to the Product or to any part thereof arising from or as a result of your failure to do the aforesaid.

6.5   For the purposes of clause 6.1(b)(iii), if the Delivery service provider is unsuccessful in making delivery of the Product on its first attempt upon arriving at the Delivery Address, you must comply with any instructions left by the Delivery service provider for the Delivery of the Product, including any requirements to collect the Product from the Delivery service provider’s premises.  The Provider shall not be liable for any loss or damage arising from, or in connection with, your failure to comply with the aforesaid instructions or from its failure to accept Delivery of the Product at the Delivery Address.

6.6   Time shall not be of the essence in respect of Delivery and Delivery may not be refused by you, whether such Delivery was made in whole or in part.

6.7   Any dates for Delivery specified by the Provider on the Website, an Order, orally or in any other written communications made to you are estimates only and are subject to change.  Neither the Provider nor the applicable Supplier shall be liable for any loss or damage arising from, or incurred in respect of, any Deliveries made after such estimated dates.

6.8   Risk of loss and damage to the Product shall pass to you on Delivery.

7.    RETENTION OF TITLE

7.1  Title in the Product shall pass to you only on your discharging in full your indebtedness to the Provider.

7.2  At any time prior the passing of the title in the Product to you, you grant to the Provider, its personnel, agents and authorised representatives, leave and licence to enter at any time, on and into the Premises to inspect, search for or remove any Product.

7.3  You acknowledge and agree that if any Product is sold by you prior to title being passed to you, such sale shall be made by you as bailee for and on behalf of the Provider, and you shall hold the proceeds of sale on trust for the Provider, in an account in the name of the Provider, until you discharge in full your indebtedness to the Provider.

8.    CANCELLATION, REFUND AND RETURN POLICY

8.1   The following provisions of this clause are based on the rights and entitlement conferred on you under applicable consumer protection and trade practices legislation. In the event that any provisions herein contradict such applicable legislation, the latter shall prevail.

8.2   Cancellation or Variation by the Provider:

(a)     The Provider shall at all times be entitled to cancel or vary any Order subsequent to the Order Confirmation email if the Provider is no longer able to fulfil the Order on the terms specified in the Order Confirmation email or if any force majeure event occurs to the Provider, including without limitation, fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in laws, delays or disruptions by government or government agencies and any other circumstances beyond the control of the Provider.

(b)    The Provider shall endeavour to offer viable alternatives to you on the occurrence of such cancellation or variation.  You will receive a refund of all monies paid for the Product by you if an alternative is not offered by the Provider or is not accepted by you.

8.3   Purchaser Initiated Returns (Change of Mind):

(a)     A purchaser initiated return applies for any reason other than by reason of clause 8.4.

(b)     You shall not be entitled to cancel or vary an Order unless:

(i)       the Provider gives its written consent for such cancellation or variation;

(ii)      your notice of intention to return the Product as required under clause 8.5(a) is given to the Provider within 7 days from the date of Delivery;

(iii)      you bear the transport or delivery cost of returning the Product to the Provider; and

(iv)      you comply with all other return conditions set out in clause 8.5.

(c)       If a cancellation or variation is accepted by the Provider, you acknowledge that administrative charges, including any restocking fees and reasonable costs incurred by the Provider with respect to such cancellation or variation may be imposed by the Provider in addition to any excess amounts payable by you in respect of a variation.

8.4     Returns due to Damaged/Faulty/Incorrect Products: You are entitled to reject and/or return the Product after Delivery if:

(a)       the Product is defective, unmerchantable or is otherwise not in accordance with the Order Confirmation email; and

(b)       your notice of intention to return the Product as required under clause 8.5(a) is given to the Provider within 14 days from the date of Delivery; and

(c)       you comply with all other return conditions set out in clause 8.5.

8.5     Return Conditions: All of the following must be complied with:

(a)       You must give the Provider:

(i)        notice of your intention to return the Product;

(ii)       your Order Confirmation number; and

(iii)      details of your claim,

by way of an email to hello@happyhands.co.com.au;

(b)      The Provider has authorised or consented to the return in writing to you;

(c)       The Product is returned to the Provider within 14 days from the date you give the Provider notice of your intention to return the Product as required under clause 8.5(a);

(d)       The Product is returned through any delivery method by which delivery may be tracked by you and, at the request of the Provider, the following is given to the Provider in writing:

(i)         the tracking number;

(ii)        the receipt for the delivery fee incurred to return the Product (only for returns due to damage/faulty/incorrect Products); and

(iii)       details of the delivery service provider;

(e)        The Product is returned “as-new” and in a saleable condition, and with the original proof of purchase receipt; and

(f)         The Product is returned on the basis that risk in the Product shall remain with you until the Provider receives the Product.

8.6    Replacements and Refunds:

(a)      Generally the processing time for replacements is 7 days from the date the Product is received by the Provider from you.

(b)      The processing time for refunds is usually 30 days from the date the Product is received by the Provider from you.

(c)       Refunds will only be made against the original credit card, PayPal or bank account used to place an Order for the purchase of the Product. Any credit may not appear on your credit card, PayPal or bank statement until a future billing cycle, depending upon your card issuer's or PayPal’s policies and procedures.

8.7    Exclusion: The Provider shall not be required to accept any Product for return or to replace any Product or to refund the Purchase Price or any part of the Purchase Price and any associated delivery fee (if applicable) to you where in the opinion of the Provider you or any other persons handling, using or dealing with the Product subsequent to Delivery has caused the Product to become damaged, defective or unmerchantable or has failed to take steps to prevent the Product from becoming damaged, defective or unmerchantable.

(i)         the Provider gives its written consent for such cancellation or variation;

(ii)        your notice of intention to return the Product as required under clause 8.5(a) is given to the Provider within 7 days from the date of Delivery/Pickup;

(iii)       you bear the transport or delivery cost of returning the Product to the Provider; and

(iv)       you comply with all other return conditions set out in clause 8.5.

(c)        If a cancellation or variation is accepted by the Provider, you acknowledge that administrative charges, including any restocking fees and reasonable costs incurred by the Provider with respect to such cancellation or variation may be imposed by the Provider in addition to any excess amounts payable by you in respect of a variation.

9.    PROPRIETARY RIGHTS

9.1  The Content of the Website is the property of the Provider and you are required to abide by all copyright notices contained on the Website.

9.2   The Website domain name, the Provider’s name, logo, other names and logos of the Provider as may be created, produced or used from time to time (“Marks”) are trademarks or registered trademarks of the Provider and its affiliated companies.

9.3    You agree and acknowledge that you will not receive any right, title or interest whatsoever in respect of the Marks under this T&C.

10.    INDEMNITY

10.1   You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your:

(a)       access and use of the Website;

(b)       connection to the Website;

(c)        violation of this T&C;

(d)        violation of the Disclaimer;

(e)        violation of any rights of another.

11.    MODIFICATIONS TO THIS T&C

11.1   The Provider reserves the further right to make any amendments to this T&C at any time in its sole and absolute discretion, with or without notice to you.  The most current version of this T&C as posted on this page shall supersede all previous versions.

11.2    It is your responsibility to check regularly to determine whether a new version of this T&C has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of this T&C, then you must immediately stop using the Website.  Your continued use of the Website and purchase of a Product after such modifications or amendments shall constitute an acceptance of your agreement to be bound by this T&C, as amended.

12.    SUSPENSION AND TERMINATION

12.1   The Provider may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website and remove any information or contact details thereof.

12.2    Cause for such suspension or termination shall include, but not be limited to:

(a)        breaches or violations of this T&C;

(b)        breaches or violations of the Disclaimer;

(c)        breaches or violations of any rights of another;

(d)        requests by law enforcement or other government agencies;

(e)        discontinuance of the Website (or any part thereof); and

(f)         unexpected technical or security issues or problems.

12.3     All such suspensions or terminations shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any such suspension or termination.

13.    NOTICES

13.1    Any notices or communications required to be made by the Provider to you shall be directed to the email address given by you.

3.2    Any notices or communications required to be made by you to the Provider shall be directed to the postal or email address displayed on the contact page of the Website, as amended from time to time.

14.    PRIVACY POLICY

14.1  The use and dissemination of any personal information collected from you is subject to our Privacy Policy.

15.    ASSIGNMENT AND SUBCONTRACTING

15.1  The Provider may assign or subcontract its rights and obligations contained in any part of this T&C to any associated entities, related parties or any third parties at any time without your prior written consent.

16.    GOVERNING LAW AND JURISDICTION

16.1   This T&C and any obligations arising out of or in relation to this T&C shall be governed by and construed in accordance with the laws of the state of Victoria.

16.2   The courts of that state are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with this T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts.

17.    ENTIRE AGREEMENT

17.1  This T&C, the Disclaimer and Privacy Policy constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with, the Website, superseding any prior agreements between you and the Provider.

18.    WAIVER AND SEVERABILITY OF TERMS

18.1  The failure of the Provider to exercise or enforce any right or provision of this T&C shall not constitute a waiver of such right or provision.

18.2   If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this T&C remain in full force and effect.

 

 

 

 

Disclaimer

 

This Disclaimer is supplementary to the Terms and Conditions of the Provider and forms part of the Terms and Conditions. It applies to all Users who access or use the Website or purchase any Products through or in connection with the Website or the Retail Store. Unless otherwise defined in this Disclaimer, all capitalised terms contained herein have the same meaning as that contained in the Terms and Conditions.

1.    WEBSITE ACCESS AND USE

1.1   The Website is offered, supplied and provided on an "as-is" and “as available” basis, and the Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings.

1.2   The Website may include software embodied therein now or in the future (“Software”) as well as security components that permit digital materials to be protected, and that your access of the Website is subject to Software usage rules set by the Provider and/or its licensors.  The Provider makes no warranty that any errors in the Software will be corrected.

1.3   You are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website.

1.4    You may not:

(a)      forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;

(b)      disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;

(c)      interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected thereof;

(d)      take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;

(e)      intentionally or unintentionally violate any applicable local, state, national or international law; and

(f)       attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.

1.5    Any material downloaded or otherwise obtained through the Website is done at your own discretion and risk. You will solely be responsible for any damage to your computer system or loss of data that results from the download of the same.

2.    WEBSITE CONTENT

2.1   All information displayed on the Website, including descriptions and prices of Products, and any other information and materials communicated to you from time to time, such as, help topics and FAQs, are provided for guidance only, and no advice relating to purpose and suitability of Products or any other form of advice is understood to be given to you by the Provider.

2.2   The Provider does not in any way guarantee the accuracy, integrity, completeness or quality of the information contained in any Product description and no person may rely on such description in the purchase of a Product.  You are advised to confirm the accuracy and completeness of the Product description with the relevant supplier or manufacturer.

2.3    Under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through or in connection with the Website.  You are not entitled to rely and/or act upon such Content and/or use them as a basis for any cause of action in law or otherwise;

2.4    The Content may be subject to change without notice and does not take into account your objectives, personal or commercial situation and/or personal or educational needs.

2.5    In offering the Products for sale through or in connection with the Website and/or the Retail Store, the Provider:

(a)      does not in any way recommend any Product;

(b)      does not in any way offer preference of one Product over another Product supplied by a Supplier or a different Supplier; and

(c)      does not in any way conduct any due diligence checks in respect of whether you have complied with any statutory obligations which may be required to be observed or professional licenses which may be required to be obtained for the purchase of certain professional Products in your state or local council jurisdiction.

2.6    The Provider has no control, authority or influence over any Suppliers and cannot be held liable over the acts or omissions of the same.

2.7    To the fullest extent of the law, the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any Content displayed on the Website.  No advice or information, whether oral or written, obtained by you from the Provider or through or from the Website shall create any warranty not expressly stated in the T&C.

2.8    You are not required to click on any Products or description of Products displayed on the Website, or purchase any Product offered for sale by the Provider.

3.    PAYMENT TRANSACTIONS

3.1   Payments made through the Website are made using secure data protection processes.  While the Provider shall use its best efforts to protect all personal and financial information given by you to the Provider when placing your Order or making an online payment, the Provider is unable to guarantee the security of any such information submitted or provided through or in connection with the Website.  Accordingly, you acknowledge and agree that:

(a)     any submission or provision of information (including provision of credit card information) is made at your own risk and that the Provider disclaims any and all liability for, or arising in connection with, any interception, 'hacking' or other unauthorised access of such information through the Website by any unauthorised third parties; and

(b)     you are responsible for ensuring that the transaction, credit card information and all other details you provide in relation to your payments made through the Website are correct.  The Provider disclaims any and all liability for, or arising in connection with, any incorrect transactions, errors or otherwise caused by factors outside of its control.

3.2   Subject to the other provisions of this clause herein, if for any reason the Provider is held to be liable to you in relation to the online payment process, the extent of the Provider’s total liability shall be limited to the total Invoiced Amount paid by you to which the online payment process is associated with.

4.    PROHIBITION ON REPRODUCTIONS AND COPIES ETC

4.1   You must not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all Content on the Website or create any derivative works thereof without the prior consent of the Provider.

4.2   You must not use any of the Content in connection with any commercial endeavours whether in whole or in part.

4.3   You are entitled to only retrieve and display Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use.

4.4   You must not alter the text, graphics, images, audiovisual or any other materials contained on the Website or embodied in any Content.

4.5   Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or all Content contained therein in whole or in part is strictly prohibited.

4.6   Without express and written prior permission of the Provider, you must not to display or use in any manner the Provider’s proprietary trademarks, including the Provider’s name, logo, other names and logos of the Provider as may be created, produced or used from time to time, for any purpose whatsoever.

5.    PURCHASER ACCOUNT

5.1   When you place an Order to purchase our Products, you may be required to create an account (“Account”). Accordingly, you will be given an account designation upon completing the Order process.

5.2   You are responsible for maintaining the confidentiality of the Account and the password, and are fully responsible for all activities that occur under the same.

5.3   You agree to:

(a)     immediately notify the Provider of any unauthorised use of your Account or password or any other breach of security; and

(b)     ensure that you exit from your Account at the end of each session.

5.4   The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

6.    PURCHASER DATA INPUT

6.1  You are solely and entirely responsible to ensure the accuracy and completeness of all information and data that you submit or otherwise make available to the Provider, including the details entered in by you when you place your Order to purchase our Products.

6.2  In submitting information and data, you expressly acknowledge and agree that you shall not submit or otherwise make available through or in connection with the Website:

(a)    any information, data or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b)    any information, data or material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

(c)    any information, data or material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d)    any information, data or material comprising unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

(e)    any information, data or material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

(f)     any information, data or material purporting to impersonate any other person or entity, including, but not limited to, any other User, the Provider’s official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.

6.3   You also expressly acknowledge and agree that:

(a)     the Provider shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, change or remove any information, data or material submitted by you or otherwise made available by you through or in connection with the Website;

(b)     the Provider may access, preserve, and disclose all information, data or material supplied by you if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(i)      comply with legal process;

(ii)     enforce this Disclaimer;

(iii)    respond to your requests for customer service; and

(iv)    protect the rights, property, or personal safety of the Website, other Users and/or the public.

6.4   You understand that the technical processing and transmission of information, data and material submitted or otherwise made available by you to the Provider may involve:

(a)     transmissions over various networks; and

(b)     changes to conform and adapt to technical requirements of connecting networks or devices.

7.     GENERAL PRACTICES REGARDING USE AND STORAGE

7.1    You expressly acknowledge and agree that:

(a)      the Provider may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days and months that data submitted by you will be retained by the Website, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access any Content on the Website in a given period of time;

(b)      the Provider has no responsibility or liability for the deletion or failure to store any information or communication given by you, or obtained or procured from or through the use of the Website; and

(c)      the Provider reserves the right to modify these general practices and limits from time to time.

8.     COMMUNICATIONS POLICY

8.1    The Provider will not respond unless required to do so by law to any communications sent to the Provider which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. The Provider reserves the right to take such action as the Provider in its sole discretion deems fit in respect of such material.

8.2     All communications received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at hello@happyhandsco.com.au and state your name, address and, if applicable, a contact telephone number, in your communications. Your communications should clearly state that the material has been submitted for the purposes of negotiating a fee for the publication of that material. It must not be sent to any other email address or to a User or to any other third party.

8.3     The Provider will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate the Provider will respond to your communications as soon as reasonably practical but the Provider does not and cannot guarantee a response to you.

8.4     If your communications is made by way of email, it will generally be stored for 12 months after which time they will automatically be deleted. Any emails sent to the incorrect destination will be liable to be deleted immediately.

9.     MODIFICATIONS TO THE WEBSITE AND CONTENT

9.1   The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice to you.

9.2   The Provider also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the display of any Content or any part thereof through or in connection with the Website with or without notice to you.

9.3    You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website or Content.

10.     MODIFICATIONS TO THIS DISCLAIMER

10.1   The Provider reserves the further right to make any amendments to this Disclaimer at any time in its sole and absolute discretion, with or without notice to you.  The most current version of this Disclaimer as posted on this page shall supersede all previous versions.

10.2   It is your responsibility to check regularly to determine whether a new version of this Disclaimer has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of this Disclaimer, then you must immediately stop using the Website. Your continued use of the Website and purchase of Products after such modifications or amendments shall constitute an acceptance of your agreement to be bound by this Disclaimer, as amended.

11.     OFF SITE LINKS

11.1   The Website may contain links to other sites or resources, which you may access at your sole discretion. The Provider has no control over these sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

11.2    In addition, the Provider 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 use of or reliance on any goods or services available on or through any such site or resource.

 

 

 

Privacy Policy

 

The provisions set out in this Privacy Policy prescribe the Provider’s policies regarding the use, processing and dissemination of personal information submitted by individuals to the Provider, whether through or in connection with the Website or through orders placed for or purchases made of the Products of the Provider on the Website, or through any other forms of communications with the Provider.

This Privacy Policy applies to all individuals who access or use the Website and to any communications made between an individual and the Provider through any means including by way of personal communication between the individual and a staff member of the by electronic mail or any other forms of public or private communications.

1.     ACCEPTANCE OF POLICY

1.1    The Website is owned and operated by Happy Hands Co.  (ABN 54416217973), a publisher and supplier of quality teaching resources having its principal place of business at Melbourne, Victoria (“Provider”).

1.2    The Provider has created this Privacy Policy in order to demonstrate its firm commitment to your privacy. The following discloses the Provider’s information gathering and dissemination practices in respect of personal information.

1.3    By supplying the Provider with your personal information in any way, you agree to be bound by this Privacy Policy.

1.4    The Website may include third party content comprising links which will transfer you to the website of a third party, including websites of merchants and advertisers whose respective deals and advertisements are displayed on the Website. You are not required to click on the links, but if you do, you do so at your own risk.  The Provider is not responsible in any way for the privacy practices of such third parties and you are advised to view and read the privacy statements issued by them to ensure that you understand and agree to the same.

2.     COLLECTION OF DATA

2.1    We will not collect any information from you which may, or may lead to, the disclosure of your identity as an individual (“Personal Information”) unless you choose to provide us with such information when you communicate with us in any way, including when you submit your Personal Information to us:

(a)     to place an order for the purchase of any Product through or in connection with the Website;

(b)     to purchase any Products through or in connection with the Website;

(c)     to request for further information in relation to any Product;

(d)     to contact us by way of email, telephone call, fax message, letter or in person or through any other means of communication for any reason.

3.     USE OF DATA

3.1    Any Personal Information submitted to us shall be used primarily for the purposes to which they were submitted or required and for administrative purposes.

3.2    We may also use your Personal Information for the following additional purposes:

(a)     to understand what your needs and requirements are;

(b)     to provide personalised content and match the most relevant services for you;

(c)     to contact you in response to any requests made by you;

(d)     to offer you any promotions or special rates; and

(e)     to profile your information preferences, for example, understanding how you use the Website, reviewing the nature of your communication and/or reviewing your search contents, any products you purchase or courses you request information for or Website pages you access.

4.     DISSEMINATION OF DATA

4.1    Be assured that we will never sell your Personal Information to any third parties for commercial gain.

4.2    We may however disclose your Personal Information to our consultants, advisors, service providers and agents (“Authorised Representatives”) to assist us to achieve the purposes described in clauses 3.1 and 3.2.

4.3    Additionally, we may be required to disclose your Personal Information in the following circumstances:

(a)     to comply with a legal process;

(b)     to enforce our Terms and Conditions and Disclaimer, this Privacy Policy or any other agreements executed with you or any related entity; and

(c)     to protect the rights, property or personal safety of other persons and/or the public, or to protect our business operations.

4.4    Accordingly, your Personal Information will be disclosed where we are obliged or permitted by law to do so. If you post or send offensive or objectionable content to us or otherwise engage in any disruptive behaviour towards us, we can use whatever information that is available to us about you to stop such behaviour. This may involve informing relevant third parties such as your employer and law enforcement agencies about the content and your behaviour.

5.     CONSENT

5.1    By submitting or providing your Personal Information to us, you expressly acknowledge, consent and agree to:

(a)     our use or processing of your Personal Information for the purposes described in clauses 3.1 and 3.2;

(b)     the disclosure to, or use or processing by, Authorised Representatives for the purposes described in clause 4.2; and

(c)     the lawful disclosure of your Personal Information pursuant to clause 4.3.

5.2    We follow strict security procedures to ensure that your Personal Information is protected and kept in a secure place with restricted physical or electronic access, and with confidentiality preserved.

5.3    Notwithstanding the aforesaid, you expressly acknowledge and agree that the transmission of information is not completely secure. We will do our best to protect your Personal Information but we are unable to guarantee the security of the same, and accordingly, any submission or provision of Personal Information is made at your own risk.

6.     RETAINING DATA

6.1    We may be required to retain your Personal Information and all other information submitted to us in order to comply with legal obligations, prevent fraud, collect fees owed (if any), resolve disputes and troubleshoot problems. Such retention is always done within a legal framework.

7.     INFORMATION REQUESTS

7.1    You have a right to ask for a copy of your Personal Information and are obliged to correct any inaccuracies in your Personal Information. 

7.2    Unless the Personal Information relates to an individual which you are legally responsible for (such as a person with mental incapacity), you may not give us Personal Information about any other person.  If you do so, you confirm that they have appointed you to act for them and to consent to the processing of their Personal Information, including sensitive personal data.

8.     ANALYTICS

8.1    If you access and use our Website, such use and access may be tracked by us through analytics software,  including cookies, supplied by third parties for the following purposes:

(a)     to review the frequency of your usage of the Website to allow us to tailor and improve on the features and functionality of the Website; and

(b)     to compile anonymous statistics patterns of use and access. A third party may collect such data on our behalf to measure the performance and success of the Website. Information collected is aggregated for reporting purposes, and no personally identifiable information is collected by this service. The use of this service assists us in measuring and improving the structure and ease of use of the Website.

8.2    Analytics software may also track IP addresses. An IP Address is a number that can identify an Internet Service Provider, country location and so on. It cannot provide personal information of a user although to a certain extent, with appropriate software, the user of the IP Address may be de-anonymised. Notwithstanding the aforesaid, we will not use the IP Address to build a profile on users and will only use such information for demographic and statistical purposes.

8.3    It is possible that others may download analytics software to your computer or electronic device when you access, visit or use the Website. We cannot control nor do we have access to any analytics software placed on your computer by such other persons.

9.     MODIFICATION OF PRIVACY POLICY

9.1    This Privacy Policy may be modified from time to time as a result of any changes in the law or best practice without notice to you. The most current version of this Privacy Policy as posted on this page shall supersede all previous versions.

9.2    It is your responsibility to check regularly to determine whether a new version of the Privacy Policy has been uploaded.

10.     QUESTIONS

10.1    If you have any questions about this Privacy Policy, the privacy practice of the Provider, or your dealings with the Provider in respect of Personal Information, you can email the Data Officer hello@happyhandsco.com.au