GumLeaf’s Policies


• Privacy & Security
• Conditions of Purchase
• Disclaimer
• Copyrights
• Online Contracts

GumLeaf’s Privacy & Security Policy


Our Commitment

GumLeaf is completely committed to protecting your privacy and developing technology that gives you the most safe and secure online experience. This Statement of Privacy applies to the GumLeaf Web site and governs data collection and usage. By using the GumLeaf website, you consent to the data practices described in this statement.

Collection of your Personal Information

GumLeaf collects personally identifiable information, such as your e-mail address, name, home or work address, post code or telephone number. GumLeaf, from time to time may, with your permission only, also collect anonymous demographic information, such as your age, gender, preferences, tastes, interests and favourites.

There is also information about your computer hardware and software that is automatically collected by www.gumleafgutterguard.com. This information can include, your IP address, browser type, domain names, access times and referring web site addresses. This information is used by GumLeaf for the operation of the service, to maintain quality of service, and to provide general statistics regarding use of the GumLeaf Web site.

Use of your Personal Information

GumLeaf does not sell, rent or lease its customer information to third parties. GumLeaf may, from time to time, contact you about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to any third party. In addition, GumLeaf may share data with trusted partners to arrange for deliveries, provide customer support, help us perform statistical analysis or perform any function that allows us to operate on a day to day basis or fulfil our primary purpose. All such third parties are prohibited from using your personal information except to provide these services to www.gumleafgutterguard.com. These third parties are required to maintain the confidentiality of your information.

GumLeaf collects and uses your personal information to operate the GumLeaf Web site and deliver the services you have requested. GumLeaf also uses your personally identifiable information to inform you of other products or services available from GumLeaf and its affiliates. GumLeaf may also contact
you via surveys to conduct research about your opinion of current products or services or of potential new products or services that may be offered.

GumLeaf keeps track of the pages our customers visit within www.gumleafgutterguard.com in order to determine what GumLeaf services are the most popular. This data is used to deliver customised content and advertising within GumLeaf to customers whose behaviour indicates that they are interested in a particular product or area.

GumLeaf Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to protect and defend the rights or property of GumLeaf or act under exigent circumstances to protect the personal safety of users of www.gumleafgutterguard.com or the public.

Use of Cookies

The GumLeaf website use “cookies” to help you personalise your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to help provide a convenient online experience. It also helps save you time.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of www.gourmetbakery.com.au.

Security of your Personal Information (and your credit card details where applicable)

GumLeaf secures your personal information (and your credit card details where applicable) from unauthorized access, use or disclosure. GumLeaf secures this sensitive information you provide via computer servers that are in a controlled, secure environment, protected from unauthorized access, use or disclosure. When your personal information (or your credit card details where applicable) are entered onto the website the details are transmitted using bank grade security encryption, such as the Secure Socket Layer (SSL) protocol (256 bit) or similar – this means it is safe.

Changes to this Statement

GumLeaf will occasionally update this Statement of Privacy to reflect company and customer feedback and the law. GumLeaf encourages you to periodically review this Statement to be informed of how GumLeaf is protecting your information.

Contact Information

GumLeaf welcomes your comments regarding this Statement of Privacy. If you believe that GumLeaf has not adhered to this Statement, please contact GumLeaf at info@gumleafgutterguard.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.

Conditions of Use

Please Note: All product images are digital and are for illustrative purposes only. Product colours, shades, sizes and shapes may therefore vary from image / description.


What are the Conditions of Purchase?


When a customer makes a purchase from GumLeaf the customer agrees to bear all risk in respect of the use or installation of the product received. GumLeaf will not be held responsible for any loss or damage to the customer or the product which occurs subsequent to delivery (due to non-timely collection or otherwise) or any subsequent damage, illness or injury, including but not limited to direct, indirect, incidental punitive and consequential damages, arising from the loss, deterioration, use or installation of the product once the customer’s order has been delivered.
When a customer makes a purchase from GumLeaf the customer agrees that GumLeaf will not be liable for any damages of any kind arising from the non-delivery of their order, including but not limited to, direct, indirect, incidental punitive and consequential damages. GumLeaf will not be liable for any damages of any kind arising from the use of this site, including but not limited to, direct, indirect, incidental punitive and consequential damages.
We do not take any responsibility for, or accept refunds, or an exchange, or a replacement for, an order that has been delivered and the order is allowed to remain unattended for an extended period of time, or the order is returned by the driver / courier because no one was available to sign for the order, or the delivery of the order is delayed due to an incorrect or incomplete address. Once an order has been delivered we take no responsibility for the order disappearing thereafter or any deterioration or damage to your order after delivery.


Disclaimer


Every effort is made to ensure accuracy of the information contained in this site. This information is not a substitute for the advice and recommendations of health professionals. Always consult a health professional prior to any decision regarding health concerns. GumLeaf will not be liable for any damages of any kind arising from the use of this site, including but not limited to, direct, indirect, incidental punitive and consequential damages.


Copyrights


This website and its content is copyright of A & E John Property Pty Ltd trading as GumLeaf – © A & E John Property Pty Ltd trading as GumLeaf (2013). All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
• you may print or download to a local hard disk extracts for your personal and non-commercial use only.
• you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.


Online Contract


Further please read carefully the following online contract. Once you have read the contract, IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, then please log off the Site now and you will not be able to purchase anything. IF YOU DO AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT then this will be confirmed by your continued use of this site or the placement of any order or service.

The following is the terms of the agreement between A & E John Property Pty Ltd trading as GumLeaf (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s office in Sydney or through the Website (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

1.INTRODUCTION

Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract and GumLeaf’s Policies on the Site constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract and GumLeaf’s Policies prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

2.SETUP AND PAYMENT

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable fees and taxes.

3.COPYRIGHT

The content, organisation, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

4.EDITING, DELETING, AND MODIFICATION

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

5.RIGHT TO REFUSE

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

6.INDEMNIFICATION

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.

7.NON-TRANSFERABLE

Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.

8.DISCLAIMER

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

9.USE OF INFORMATION

Company reserves the right, and Buyer authorises Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

10.GOVERNING LAW

This Contract shall be treated as though it were executed and performed in the state of New South Wales, in Australia and shall be governed by and construed in accordance with the laws of the state of New South Wales, in Australia (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within sixty days after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

11.LITIGATION

All legal proceedings arising out of or in connection with this Contract shall be brought solely in the state of New South Wales, in Australia and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

12.ACKNOWLEDGMENT

This Agreement together with GumLeaf’s Policies represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, then please log off the Site now. IF YOU DO AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT then this will be confirmed by your continued use of this site or the placement of any order or service.