DISCLAIMER

This website is to be used as a resource only and is not intended to replace professional help or medical care. No action or inaction should be based on the content – please see your healthcare professional for any matter relating to your health or wellbeing. If you or someone you know is at immediate risk, please call 000. The information and opinions of this website are believed to be accurate and based on the best judgement available to the author. The information is not necessarily the opinion of organisations included in this resource. This resource was created in Victoria- although appropriate links are provided, processes and services may differ in other states and territories.

PRIVACY POLICY

Your Rights in Relation to Privacy

Josephine Smyth ABN 25 860 824 662 trading as Smiling After PND understands the importance of protecting the privacy of an individual’s personal information and adopts the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Act) and the General Data Protection Regulation (GDPR) (EU) 2016/679.

This Privacy Policy sets out how we collect, use and disclose information about you, how we aim to protect the privacy of your personal information and your rights in relation to your personal information.

This Privacy Policy may be updated from time to time.

Kinds of Personal Information

During the provision of our services or through your use of our website, we may collect your personal information. Personal information is information or an opinion about an identified, or reasonably identifiable, individual, whether or not the information or opinion is true and whether or not it is recorded in a material form.

The kinds of personal information we collect may include:

· contact details such as your full name, business or personal addresses, email addresses and phone numbers;

· date of birth;

· details of your ABN and/or ACN; and

· financial information including credit card and debit card details.

(“Personal Information”)

You must notify us as soon as reasonably practicable of any changes to the information provided to us by you or if you are aware of any inaccurate, out of date, misleading or false information.

Collection of Personal Information

Generally, we will collect your Personal Information through:

· direct contact with you, whether in person or over the phone, email or post;

· when you subscribe to our newsletter;

· when you purchase our products;

· when you become a stockist; and

· information services providers, social media sites or publicly available information.

When you use our website, the following information may be logged for statistical purposes and for the purposes of marketing and advertising to you:

· the date and time of your visit to our website;

· your IP address;

· pages that you accessed and documents downloaded; and

· the type of browser you were using.

Cookies may be used on our website. Cookies are pieces of information that a website transfers to a computer’s hard drive for record keeping purposes. Most web browsers are set to accept cookies and do not personally identify the user.

Purpose of Collection

We may require your personal information for the following reasons:

· to respond to your enquiries via our website;

· to provide you with access to the website including content and resources;

· to provide you with our Products and Services;

· for accounting, billing and other internal administrative purposes;

· to invite you to events, functions or training and provide you with updates and publications; and

· to add you to our mailing list where you have subscribed to our newsletter.

We may also use and disclose your personal information in order to inform you of products and/or services that may be of interest to you. In the event you do not wish to receive such communications, you may, at any time, request not to receive direct marketing communications from us or use any opt-out mechanism provided and we will comply with that request.

If you are under the age of 16, you will need to provide confirmation of your parent or guardian’s consent before we can process any Personal Information.

Collection of Personal Information by Third-Parties

You may be redirected and asked to directly submit Personal Information to third-party entities in the course of using or accessing our Platform or our Website.

We integrate with or use certain third-party services to provide you with our services and access to the Platform.

We highly recommend that you read any third parties’ privacy policies and terms and conditions prior to submitting any Personal Information to them. These may be found by clicking on the links below:

Stripe Privacy Policy: https://stripe.com/au/privacy

Stripe Checkout User Terms and Conditions: https://stripe.com/au/checkout/legal

Whilst you are not under any obligation to provide any third-party with your Personal Information, please be aware that we may be unable to provide you with our full range of services or access to the Platform unless you do so.

Disclosure of Personal Information

We may disclose your Personal Information to third parties such as WooCommerce, Stripe, service providers, suppliers or marketing agencies. We limit the information provided to third party providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.

We will otherwise not disclose your personal information to third parties without your consent or unless required by law.

Disclosure of Personal Information to Overseas Recipients

Some of the entities that we share Personal Information with may be located in, or have operations in, other countries. This means that your Personal Information may be stored or accessed in overseas countries, including the United States.

Our contracts with overseas entities with whom we share your Personal Information require them to maintain the confidentiality of such information.

Your Rights in relation to your Personal Information

We respect your rights in relation to your Personal Information. To the extent required by law, we will comply with any request made by you to:

· know how we are using your Personal Information;

· know what Personal Information is being held about you;

· correct inaccurate Personal Information held by us about you;

· erase Personal Information about you (subject to any requirement for us to keep records under other laws, such as taxation legislation);

· restrict the use of your Personal Information (understanding that this may affect our ability to provide products or services to you); and

· obtain a digital copy of your Personal Information.

You may direct any request to our Privacy Officer, whose contact details are listed below.

Security of Your Personal Information

We take reasonable steps to ensure that the Personal Information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. Generally, we hold your Personal Information electronically, but may from time to time hold your information in paper form also.

In the event that your Personal Information is subject to a data breach, we will comply with all mandatory statutory notification requirements.

We will destroy your Personal Information in circumstances where it is no longer required, unless required by law to retain the information.

How You May Access Your Personal Information

Under the Privacy Act, you have a right to access and seek correction of your Personal Information that is collected and held by us.

If at any time you would like to access or correct the personal information that we hold about you, please contact our privacy officer:

Josephine Smyth

hello@smilingafterpnd.com

To obtain access to your Personal Information:

· you will have to provide proof of identity to ensure that Personal Information is provided only to the correct individuals and that the privacy of others is protected;

· you will need to be reasonably specific about the information you require; and

· we may charge you a reasonable administration fee, which reflects the cost to us for providing access in accordance with your request.

If we refuse your request to access or correct your Personal Information, we will provide you with written reasons for the refusal and details of complaint mechanisms.

Complaints

Please direct all privacy complaints to our privacy officer. At all times, privacy complaints will be treated seriously and dealt with in a prompt and confidential manner.

You will be informed of the outcome of your complaint following completion of the investigation, which will take no more than 30 days.

In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.

TERMS & CONDITIONS

This website, https://smilingafterpnd.com, and any associated applications (“Website”) are owned and operated by Josephine Smyth ABN 25 860 824 662 (“We” or “Smiling After PND”).

We sell products such as tea and related accessories (“Products”) on this Website.

By accessing or viewing this Website or by purchasing our Products, you agree to comply with these terms and conditions (“Terms”).

Any reference to “we”, “us” or “our” means Smiling After PND. Any reference to “you” or “your” includes any person who accesses or views this Website or acquires Products from us.

1. Content

a. Any information provided by us under this Website, including blog posts, recommendations, tips (“Content”) are of a general nature only. Content is not intended to be used as or to substitute for medical advice (including treatment or diagnosis for any medical condition).

b. You should seek professional medical advice before relying on any Content.

c. We provide the Content in good faith, but we do not guarantee its accuracy or reliability.

d. The Content is not tailored to individuals and does not take into account factors that may be relevant to you. Before relying on any Content, you should carefully assess the relevance of the information for your particular circumstances and seek professional medical advice.

e. Smiling After PND is not responsible for any loss or damage suffered by you (however caused) in connection with the Content.

f. Content may include material from third parties. Smiling After PND is not responsible for the accuracy of, or liable for, third party information.

2. Use of the Website

a. Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.

b. You must only use this Website for lawful purposes, which may include:

· browsing any part of this Website;

· reading or viewing any information contained on this Website;

· sending us legitimate communications or enquiries;

· purchasing our Products; and

· registering to become a Stockist.

c. Email addresses, contact forms and any other communication forms that appear on this Website are for legitimate communications or enquiries only and must not be used to send unsolicited messages.

3. Online Purchases

a. When purchasing a Product from this Website, the price for the Product and any shipping or delivery costs will be displayed. Prices are in Australian dollars and excluding GST unless otherwise stated.

b. You will be required to pay for the Product in full at the time of placing your order. Payment is accepted by credit card and you will be directed to pay through our online payment provider Stripe.

c. When you place an order to purchase a Product, you will receive a confirmation email from us. Your order is not accepted by us until shipped or delivered and we are not obliged to supply the Product to you until we have accepted your order.

d. We may, in our discretion, refuse to accept an order from you if the Product is unavailable.

e. We will use our best endeavours to deliver the Product to you at the place of delivery specified by you within the time indicated by us at the time of your order, but we cannot guarantee any delivery times.

f. You may grant us authority to leave the Product at a designated area (for example, at the front door) when placing your order. If you do, you understand and agree that this authority gives us and/or our couriers permission to leave the Product unattended at the place specified by you without obtaining a signature confirming delivery. In such circumstances, you understand and agree that by granting us authority to leave the Products, we and our couriers are released of all responsibility and liability for the Products delivered and left unattended, and that this responsibility and liability transfers to you on delivery.

g. All risk in the Product shall pass to you upon delivery. It is your responsibility to take care when opening the Product or packaging so as not to damage it. From the time when risk passes to you, we will not be liable for loss or damage to the Product except as otherwise provided by clause 4 below.

h. By purchasing a Product you agree to be added to Smiling After PND’s mailing list to receive our newsletter and other direct marketing material. You can opt-out from receiving this from us by emailing us at hello@smilingafterpnd.com.

4. Stockists

a. You may apply to become a Stockist for Smiling After PND through the “Become a Stockist” tab on the Website.

b. This is a non-exclusive arrangement between a Stockist and Smiling After PND.

c. We will approve you becoming a Stockist in our absolute discretion.

d. As a Stockist, you will be able to purchase the Products at wholesale price (as determined by Smiling After PND) to on-sell to a third party.

e. In order to place an order for the Product and receive wholesale price, a Stockist must submit an online form.

f. Stockists will be required to pay for the Product in full at the time of placing your order. Payment is accepted by credit card and you will be directed to pay through our online payment provider Stripe.

g. The Stockist and Smiling After PND may give written notice to the other that they intend to cease the arrangement immediately, upon fulfilment of any outstanding orders.

5. Refunds and Returns

a. You acknowledge that some of the Products are very fragile and may be damaged during delivery. It is your responsibility to check the Product immediately upon delivery.

b. If you have received a Product with a fault, damage or defect, please contact us immediately (no later than 14 days of receipt) and provide evidence of the fault, damage or defect (such as a photo) along with proof of purchase.

c. The faulty Product must be returned to us prior to us processing your exchange or refund.

d. To return the Product to us, please arrange to post the Product to us by registered post so that the Product can be tracked. We will reimburse you for your reasonable postage costs in returning a faulty, damaged or defective Product to us, so please keep your receipts and send us a copy.

e. If the Product is confirmed to be faulty, damaged or defective, we will repair (if possible), exchange or provide a refund for the Product to your original payment method, as elected by you. Please allow up to 10 days for the refund or exchange to be processed.

f. There are no returns, replacement or refunds for change of mind.

g. Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.

6. Indemnity

a. You agree to indemnify and release us from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this Website or your breach of these terms and conditions.

7. Limitation of Liability

a. Except as otherwise provided at law, we make no warranty or representation about the accuracy, completeness or fitness for any purpose of the contents of this Website. Any condition or warranty regarding this Website that would otherwise be implied into these terms and conditions is excluded.

b. This Website may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.

c. To the extent permitted by law, we accept no responsibility and exclude all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to your use of this Website.

d. We will use our best endeavours to ensure all ingredients in the Products are listed on the Website. Products may contain allergens. It is your responsibility to read the ingredients list, particularly if you have an allergy. To the extent permitted by law, we will not be liable for any loss or damage which you may suffer in relation to the Products.

8. Intellectual Property

a. Unless otherwise indicated, we own or have the rights to use:

i. all copyright in this Website and its contents;

ii. all intellectual property, including any design rights, in the Products; and

iii. any trade names or trade marks associated with the Website and Products, including but not limited to the registered trade mark Smiling After PND logo (Registration Number 2022554).

b. You must not in any way copy, reproduce, replicate or imitate any of the Products without our prior written consent.

c. You must not in any way reproduce, publish, communicate or adapt any part of this Website, including any these terms and conditions, without our prior written consent.

d. We reserve all rights in relation to all intellectual property.

9. General

a. We want you to be happy with your experience, so if you have a dispute about these Terms or any of the Products, please contact us first so that we can endeavour to resolve the dispute.

b. We may, in our absolute discretion, change these Terms from time to time without notice to you.

c. Parts of this Website may not be updated regularly and may therefore be out of date.

d. If any part of any of these Terms is void, then the part that is void may be severed.

e. These Terms, your use of this Website and the Products and any dispute arising out of these are governed by the laws of Victoria, Australia.

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