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Terms of Use

www.tomascott.com.au (‘Website’) is owned and operated by Tom Ascott Pty Ltd ACN 165 349 315.

By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this site.

In these Terms of Use, ‘you’, ‘your’ or ‘user’ means any person or entity using the Website or the Service. ‘Tom Ascott’, ‘we’ or ‘our’ refers to Tom Ascott Pty Ltd.

1. Contacting Tom Ascott

If you encounter a problem or have an enquiry about our service please contact us here: 

Tom Ascott Pty Limited

Level 1, 145 Cleveland St,

Darlington, NSW, 2008

Phone: (02) 9310 2612

E-Mail: info@tomascott.com.au 

2. Revisions to Terms of Use

Tom Ascott may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.

3. Site contents, ownership, and use restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.

  • Governing Law

Your use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

  • Copyright

All content of the Tom Ascott website including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software and its compilation is the property of Tom Ascott or its suppliers and is protected by Australian and International copyright laws.

Unless otherwise specified, the content of the Tom Ascott website is for your personal and non-commercial use and we grant you a limited license to access the Tom Ascott website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Tom Ascott website without our express written consent.

4. Personal, non-commercial use

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:

-        Placing an order with Tom Ascott Business; or

-        Using this site as a shopping resource, provided that you do not modify the site and that Tom Ascott retain all copyright and other proprietary notices contained in the Contents.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.

5. Prohibited conduct

You are not authorised, without the prior written permission of Tom Ascott and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.

No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Tom Ascott may be used without our prior, specific, written permission or that of the trademark owner.

6. We can use your feedback

You grant Tom Ascott an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Tom Ascott from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

7. General prohibitions

You must not upload, post, transmit or otherwise make available through this site any material which:

-        violates or infringes the rights of others (including their privacy and intellectual property rights);

-        is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

-        encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;

-        affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or

-        breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Tom Ascott to take remedial action under any applicable industry code.

8. Indemnity

You agree to indemnify and will keep Tom Ascott indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Tom Ascott in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.

9. Disclaimer of Warranties

Tom Ascott is providing this site and its contents on an 'as is' basis and use of this site is at your own risk. Tom Ascott and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Tom Ascott expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

10. Disclaimer of liability

To the extent permitted by law, Tom Ascott will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:

-        the use, copying, or display of the contents of this site;

-        goods or services supplied by Tom Ascott under these Terms of Use; or

-        a failure or omission on the part of Tom Ascott to comply with its obligations under these Terms of Use. 

11. Limitations of Liability

Our total liability to you (if any) in connection with this site, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to:

-        in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this;

-        in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or

-        the amount paid by you (if any). 

12. Miscellaneous Information

In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provisions will be interpreted to reflect the original intentions of the parties, in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable. The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s right, and said right will remain in full force and effect. The site editor may assign the site editors rights and obligations under these Terms of Use in this event, the site editor will be relieved of any further obligation.

13. Entire Agreement

These Terms of Use, including any other documents referred to in these terms or any other terms and conditions provided to you via the use of our Website or Service are the entire agreement between you and Tom Ascott regarding the Website and the Service. These conditions will supersede any terms and / or conditions you include with any purchase order regardless of whether Tom Ascott signs them or not.

14. Your Responsibility and Registration Obligations

In order to use this website or certain parts of it, you may be required to register for a user account on this website. If and when requested you are required to provide truthful and complete information. By registering for a user account with Tom Ascott, you explicitly agree to the sites Terms of use, including any amendments or changes published herein.

You may only have one account that will identify you and will allow you to use the website and the service. You may not create more than one account for the website. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account details to keep them current and accurate. You reserve the right to terminate your account for any reason at our sole discretion, and must pay all outstanding fees or charges before cancelation is approved.

15. Registration and Password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/ or user name whether authorized or not authorized by you. You agree to immediately notify Tom Ascott of any unauthorized use of your user account, user name or password. If immediate notification is not supplied to Tom Ascott then the use of your account will be assumed legitimate.

16. Account Cancelation

You reserve the right to cancel your account at any given time, pending the return of any out standing payments and or books being rented from Tom Ascott. 

To cancel your accounts please contact us. 

17. Ordering goods

Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Tom Ascott may change the prices published on this website at any time.

Prices of products placed in the 'basket' but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Tom Ascott is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within Australia. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.

18. About our prices

All prices are in Australian dollars unless stated otherwise. 

All prices are inclusive of GST. Prices displayed on this site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice.

19. Privacy

Registration data and certain other information about you is subject to our Privacy Policy.  For more information, please review our full Privacy Policy.

20. Delivery

After you finish your purchase, we will organise for your order to be dispatched as soon as possible. We'll notify you via email when this happens and include a tracking link.

Important information: 

  • Orders made on weekends and public holidays will be dispatched the next business day.
  • We start processing and packing your order as speedily as possible after you click 'Buy Now'. This helps us to send your goods quickly but this also means that we're unable to make changes to your order, including delivery address, changing colours and sizes or removing items. 
  • The courier may require a signature upon receipt of delivery.
  • If you are not available at your nominated delivery address, the courier drops off your order at the nearest Australia Post for pick up. The courier will leave a note in your mail box to let you know you have missed a delivery and where it can be picked up. This applies to standard Australian deliveries.
  • Tom Ascott is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. In the unlikely event that an ordered item isn't available or we are unable to fulfil your order, we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.

21. Returns & Refund policy

Refunds will only be issued in accordance with our returns policy and will only be made to the original account used for payment. In some limited circumstances we may make a refund to an alternate account if the original has been cancelled or is not available.

Tom Ascott will not consider requests for refunds after 60 days of purchase unless the product is deemed faulty by our Customer Service operator.

If you used a voucher with a minimum spend on an order and wish to return one of the items in that order please note the following:

  • Should the return of an item cause the total value of the non-returned items to be less than the minimum spend of the voucher, you will receive a refund for the item value less the voucher amount. This is because the voucher is no longer eligible to be used on the order as it does not meet the minimum spend requirement.
  • Should the total value of the non-returned items be greater than the minimum spend, the voucher will be applied to the remaining total value of the order and you will receive a refund for the item/s returned.

We are to make sure you are satisfied with your purchase.

That's why we offer:

  • 60-Day FREE Returns

To be eligible for a refund the products you are returning must be:

  • Purchased within the last 60 days
  • Unworn, undamaged and unmarked
  • In their original condition and
  • In the original packaging or shoe box (we consider this part of the item).

If you qualify for a return, you are not liable for the postage cost of returning products within Australia via Tom Ascott's nominated courier service.

We will send you an email to let you know that the refund has been processed. Please allow 1-7 business days (varies depending on your financial institution) for the funds to appear in your account.

The refund will be credited back to the same credit card or PayPal account that you paid from.

22. Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Trade Practices Act. 

23. Termination

Your ability to purchase goods from this site may be terminated by Tom Ascott at any time without notice. All restrictions, licences granted by you and limitations of Tom Ascott' liability will survive termination.

24. Pricing Errors

If a book is listed under the wrong price due to an error, then Tom Ascott have the right to cancel or refuse the order, whether or not the order has been charged to a credit card or not. If your credit card is charged and the order is cancelled successfully you will be refunded the full amount.

 

TOM ASCOTT PRIVACY POLICY

1.Your Privacy is Important to Us

Welcome to Tom Ascott (“Tom Ascott”, “we”, “us”, “our”) Privacy Policy. We are committed to protecting the privacy of all the personal information you provide us through www.tomascott.com.au (‘Website’). We will only use the information that we collect about you lawfully.

We recognise that your personal information is important to you and share your concerns about how information is collected, used and shared. Tom Ascott is committed to safeguarding your personal information and will always handle your personal information securely and carefully.

This Privacy Policy contains a number of references to other information pages on our Website and other Websites. Tom Ascott strongly recommends that as you read this Privacy Policy, you click on such links to obtain further important details about the Privacy Policy, as they may contain further terms and conditions which apply to you.

This Privacy Policy applies to online privacy issues and therefore it is to be read as forming part of the Terms & Conditions of Use for our Website. When you deal with Tom Ascott, whether online or otherwise, Tom Ascott takes its privacy obligations seriously. Generally, Tom Ascott will handle personal information collected online consistently with the way that it handles personal information collected offline.

This Privacy Policy is designed to tell you as much as possible about how Tom Ascott uses and manages personal information provided to, or collected by Tom Ascott. We believe you should be made aware of our practices so you can make informed decisions about how you allow us to use your personal information. 

Tom Ascott may amend this Privacy Policy from time to time. You will be alerted to amendments by email. You agree that, in the event that any portion of this Privacy Policy is found to be unenforceable, the remainder of this Privacy Policy remain in full force and effect. Except as stated in this Privacy Policy or as otherwise notified to you, all amended terms will automatically be effective 7 days after they are initially notified on our Website. By continuing to use this Website after any revision becomes effective, you agree to be bound by the revised Privacy Policy. 

You must read and agree to the terms of this Privacy Policy before you can use our services. As part of the normal operation of our services we collect, use and, in some cases, disclose information about you to third parties. This Privacy Policy governs the information we collect about you and your use of information we provide to you. By accepting this Privacy Policy and the Terms of Use, you expressly consent to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Tom Ascott Terms of Use Agreement.

Any questions regarding this Privacy Policy or complaints regarding how we handle your personal information should be sent to the Tom Ascott Privacy Officer at info@TomAscott.com. 

2. Information We Collect

Our primary purpose in collecting personal information is to provide you with a smooth, efficient, safer and customised experience. The use of personal information collected from you may be used for the following purposes: Providing you with the products and services you require; administering your account; billing and collection of debts; servicing our relationship with you; answering your enquiries; to marketing services and products and providing customer support. The use of personal information allows us to provide services and features that most likely meet your needs, and to customise our services to make your experience safer and easier. We only collect personal information about you that we consider necessary for this purpose and to achieve this goal.

To fully use our services, you will need to register using our online registration form, where you will be required to provide us with your contact information and other personal information. You are also required to provide us with a Username. 

In the process of conducting our business, we are likely to collect a wide range of personal information about you. The type of personal information we collect always includes your name and can include your current address, previous addresses, email address, university, telephone/mobile numbers, financial information (including credit history), bank account details, credit card details and products and services we provide to you. If you choose not to allow us to collect this personal information we may not be able to provide you with the products and services you require. For legal reasons this information may need to be held by us after your account has been finalised.

Our main purpose for collecting this data is to provide you with a better user experience and a more relevant and more useful service from www.tomascott.com.au.

We use data collection devices such as “cookies” on certain pages of our Website. “Cookies” are small files placed on your hard drive that assist us in providing customised services. We also offer certain features that are only available through the use of a “cookie”. We also use “cookies” to allow you to enter your password less frequently during a session. Cookies are stored on your hard drive, not on our Website. Most cookies are “session cookies,” meaning that they are automatically deleted at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Website and you may be required to reenter your password more frequently during a session.

Additionally, you may encounter “cookies” or other similar devices on certain pages of our Website that are placed by third parties. For example, if you view a web page created by a user, there may be a “cookie” placed within that web page. We do not control the use of cookies by third parties.

If you choose to bid, buy or sell on our Website, we collect information about your bidding, buying and selling behaviour. We also collect other users’ comments about you in our feedback area.

If you choose to post messages or leave feedback for other users, we will collect and store such information that you disclose to us and which is necessary for us to achieve our primary goal described above.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you. 

3. Our Disclosure of Your Information

Although Tom Ascott uses industry standard practices to protect your personal information, due to technical limitations, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances (further details of which are set out below in the “Legal Requests” section), or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we cannot and do not guarantee, and you should not expect, that your personal information or private communications will always remain private. 

As a matter of policy, we do not sell or rent any personal information about you to any third party. However, the following describes some of the ways that your personal information may be disclosed, and by agreeing to the User Agreement and Privacy Policy you expressly agree that Tom Ascott may disclose your personal information in the following ways.

3.1  Service Providers and Agents

Tom Ascott uses third parties to perform functions on its behalf. Examples include: processing credit/debit card payments for services rendered, providing customer support, shipping and fulfilling orders, sending postal mail and email, providing marketing assistance and analysing aggregate data. These third party providers have access to personal information needed to perform their functions but none of these third parties are authorised to use your information for their promotional purposes.

4. Aggregated Data

We aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are never disclosed to advertisers.

5. Tom Ascott Community

Throughout the Website, you are identified by your Username. If you select your email address as your Username you will disclose your email address to other users and third parties. As a result, other users and third parties might send you unsolicited email and be able to personally identify all of your activities on the Website. Although our pages are coded with robot exclusion headers, others may attempt to automatically collect your email address from our Website. Even if your Username is not your email address, your Username can be used to identify you and your activities throughout the Website. Other people can see your bids, items that you have purchased in the past, your feedback rating and associated comments, your postings on the Website, and so on. We also provide a number of ways to allow other users to find more out about you and your Website activities, such as our feature that allows users to quickly see all of the items you are offering at the time. If you are involved in a transaction, we have a feature that allows other users to view your email address and obtain your contact information.

6. Business Transaction

In the event that Tom Ascott goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets (a “Business Transaction”), your personally identifiable information will likely be among the assets transferred. We may share or transfer your information in connection with such Business Transaction.

7. Legal Requests

Tom Ascott may lawfully disclose your personal information for law enforcement or regulatory purposes. Tom Ascott cooperates with law enforcement inquiries and other third parties to enforce laws, intellectual property and other rights. We can (and you authorise us to) disclose any information about you to law enforcement or other governmental officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, piracy or other activity that is illegal or may expose us to legal liability. 

We require these organisations to adhere to strict confidentiality about your personal information and also seek to ensure that they adhere to the National Privacy Principles.

8. Your Use of Other Users’ Information

In order to facilitate interaction among all Tom Ascott community members, our service allows you limited access to other users’ contact information. As a seller you have access to the Username, email address and other contact information of the buyer or winning bidder(s), and as a buyer or winning bidder you have access to the Username, email address and other contact information of the seller.

By entering into our User Agreement, you agree that, with respect to other users’ personal information that you obtain through the Website or through a Tom Ascott-related communication or Tom Ascott-facilitated transaction, Tom Ascott hereby grants to you a license to use such information only for:

(i)             Tom Ascott – related communications that are not unsolicited commercial messages, or

(ii)           any other purpose that such user expressly opts into after adequate disclosure of the purpose(s).

In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel, Verified Rights Owner Programme participants, and other rights holders are given different rights with respect to information they access. 

We and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Tom Ascott user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate disclosure. 

9. Control of Your Password

You are responsible for all actions taken with your Username and password, including fees. Therefore we recommend that you do not disclose your Tom Ascott password to any third parties. If you choose to share your Username and password or your information with third parties to provide you additional services, you agree that you are responsible for all actions taken with your Username and password and therefore you should review that third party’s privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.

10. Emails

Please note that we may email you as part of the Service. For example, we send (or may send) emails to you in some of the following example circumstances:

(i)             after registration, notifying you of your account details; or

(ii)           as reminder emails about the services we offer (particularly if you have not used them yet or not used them for a while); or

(iii)          to send you information or Vouchers which you have asked for; or

(iv)          as a newsletter; or

(v)            as promotional emails; and

(vi)          to offer related services to you from Tom Ascott.

However, in terms of any marketing or promotional emails we may send, we will always give you the chance to opt-out (or unsubscribe) from them in the future.

11. Security

We take security extremely seriously but as no system is 100% secure, we cannot completely guarantee the protection of your personal information, anymore than any other organisation can. So we cannot accept any liability for the loss, theft or misuse of the personal information which you have registered on this Website if there is a security breach. 

12. Minors

Protecting the online privacy of children is especially important. If you are under 18 years old, please do not attempt to register with www.Tom Ascott.com and do not provide us with your name, contact details or any other information about yourself. If we reasonably believe a user to be under 18, we may need to remove their details and all User Content provided by them from our Website and our records. To find out more, please read our Terms and Conditions. 

13. Other Website

Our Website contains links to other Websites. Obviously, we do not have any control over them and take no responsibility for any information you give them. Other Websites have different privacy and security policies, which we advise you to read.

14. Changes To This Policy

Tom Ascott may amend this Privacy Policy from time to time. You will be alerted to amendments by email. You agree that, in the event that any portion of this Privacy Policy is found to be unenforceable, the remainder of this Privacy Policy remain in full force and effect. Except as stated in this Privacy Policy or as otherwise notified to you, all amended terms will automatically be effective 7 days after they are initially notified on our Website. By continuing to use this Website after any revision becomes effective, you agree to be bound by the revised Privacy Policy. 

15. Privacy Act

Tom Ascott and its related companies are committed to providing you with a high level of customer service. This includes protecting and maintaining the privacy, accuracy and security of your personal information. We are bound by, and will abide by, the National Privacy Principles in the Privacy Act (Cth) 1988 ("Privacy Act"). This is in addition to our existing obligations under the Privacy Act.

Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our help centre or by writing to us.

© This Privacy Policy is the property of Tom Ascott Pty Ltd ACN 165 349 315 and may not be used or copied without permission.

 

 



Thanks again for using Tom Ascott. Copyright © TOM ASCOTT PTY. LTD. ALL RIGHTS RESERVED.

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