Terms of Use and Privacy Policy

Thank you for visiting our Site. Before you use our Site, please read these Terms of Use, as they contain important information.

This website (Site) is operated by QUIXXI PTY LTD (ABN: 37 603 471 807) (we, our or us). These Site terms of use (Terms) apply to your use of, and access to, the Site. In these Terms, we, us or our means QUIXXI which is the group of companies owned by QUIXXI PTY LTD (ABN 70 168 631 561), including any affiliated entity carrying on business that is part of the QUIXXI PTY LTD of entities.

Registration

You may need to be a registered member to access certain features of our Site.

When you register and activate your account, you will provide us with personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

To create an account, you must:

be at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the Site in accordance with these Terms.

If the laws of the country or state/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or state/province where you live. You must not be barred from accessing our Site under any laws which apply to you.

Cancellation

You may cancel your account in your account settings or by notifying us in writing at any time. We reserve the right and full discretion to cancel your account. For example, we will cancel your account if you breach these Terms. Cancellation of your account will not absolve you of any existing obligations to us under these Terms or any other agreement, policy or arrangement between you and us.

Information and availability

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness, or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up to date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free, or free from viruses.

Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion, or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion, or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Intellectual Property rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trademark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

(a) copy or use, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast, or circulate any of Our Intellectual Property; or

(c) breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

(d) you do not assert that you are the owner of the Content or Our Intellectual Property;t or Our Intellectual Property;

(e) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(f) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading, or deceptive; and

(g) you comply with all other terms of these Terms.

Conduct we don’t accept

You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:

(a) anything that would constitute a breach of an individual’s privacy or any other legal rights;

(b) using the Site to defame, harass, threaten, menace or offend any person;

(d) interfering with any user of the Site;

(e) tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;

(f) using the Site to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(h) facilitating or assisting a third party to do any of the above acts.

If we allow you to post any information to the Site, we have the right to take down this information at our sole discretion and without notice to you.

Third party sites

The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse, or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third-party website linked from the Site, such third party provides the goods and services to you, not us.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third-party links are Affiliate Links.

Warranties and disclaimers

To the maximum extent permitted by law (including the Australian Consumer Law), we make no warranties or representations about the Site or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Site will be secure. We reserve the right to restrict, suspend or terminate without notice your access to the Site, any Content, or any feature of the Site at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Our liability is limited

You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site here) sets out how we will collect and handle your personal information.

What happens if we discontinue the Site

We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

Which laws govern these Terms

These Terms are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Changes to these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

Privacy Policy

We understand that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our website, services, products, and applications (Services) or when otherwise interacting with you. In this Privacy Policy, we, us or our means Quixxi which is the group of companies owned by Quixxi Pty Ltd (ABN 37 603 471 807), including any entity carrying on business that is part of the Quixxi of entities.

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:

your name;
images of you;
your contact details, including email address, street address and/or telephone number;
your employer and job title;
your date of birth;
your credit card or other payment details (through our third-party payment processor);
your preferences and/or opinions;
information you provide to us through, including through feedback, customer surveys or otherwise;
your sensitive information as set out below;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
support requests submitted to us and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party.

Sensitive information: is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

Unless otherwise permitted by law, we will not collect sensitive information about you without first obtaining your consent.

Sensitive information: We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.

How we collect personal information

We collect personal information in a variety of ways, including:

Directly: We collect personal information which you directly provide to us, including when you register on our website or app, communicate with us through correspondence, online chats, email, or when you share information with us from other social applications, services, or websites, invest in our business or enquire as to a potential purchase in our business, or over the telephone.
Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.
From third parties: We collect personal information from third parties, such as from your employer or a recruitment consultant/details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.

In addition, when you apply for a job or position with us, we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act 1988 (Cth) and any applicable privacy laws.

Why we collect, hold, use, and disclose personal information

Personal information: We may collect, hold, use, and disclose personal information for the following purposes:

to enable you to access and use our Services, including our website, products, and applications;
to provide our Services to you, including various digital services;
to enable you to access and use our associated applications and associated social media platforms;
to contact and communicate with you about our Services, including in response to any support requests you lodge with us or other enquiries you make with us;
for internal recordkeeping, administrative, invoicing and billing purposes;
for analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms;
to run promotions, competitions and/or offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and other information that we consider may be of interest to you;
to comply with our legal obligations and resolve any disputes that we may have;
if you have applied for employment with us; to consider your employment application; and
if otherwise required or authorised by law.

Our disclosures of personal information to third parties

We may disclose personal information to:

third-party service providers for the purpose of enabling them to provide their services, to us, including (without limitation): IT service providers, data storage, webhosting and server providers, email marketing providers, debt collectors, couriers, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
our employees, contractors and/or related entities;
professional advisers, dealers, and agents;
payment systems operators (e.g., merchants receiving card payments);
our existing or potential agents or business partners;
sponsors or promoters of any promotions or competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities, and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third-party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Facebook Pixel or other relevant analytics businesses; and
any other third parties as required or permitted by law, such as where we receive a subpoena.

Overseas disclosure

We may store personal information overseas. Where we disclose your personal information to the third parties listed above, these third parties may also store, transfer, or access personal information outside of Australia, including but not limited to, the United States of America, Canada, Singapore, and Italy.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information, we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant, or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you have a complaint about how we handle your personal, please contact us using the details below and provide us with full details of the complaint. We are committed to promptly investigating your complaint and will respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint.

If you still feel your issue hasn’t been resolved to your satisfaction, then you can escalate your privacy concern to the Office of the Australian Information Commissioner.

Office of the Australian Information Commissioner

Online: www.oaic.gov.au/privacy
Phone: 1300 363 992
Email: enquiries@oaic.gov.au

Storage and security

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

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites, and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at:

Level 2, 6 The Corso
Manly NSW 2095
Telephone: 1300 656 705
Email: legal@quixxi.com
Last update: 2 December 2021
© QUIXXI PTY LTD