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Privacy Policy and Terms & Conditions

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Privacy Policy

This following document sets forth the Privacy Policy for the Frogs.org.au Ltd website, www.frogs.org.au.

Frogs.org.au is committed to providing you with the best possible customer service experience. Frogs.org.au is bound by the Privacy Act 1988, which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information

There are many aspects of the site which can be viewed without providing personal information. However, for access to future Frogs.org.au customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or the provision of other identifiable information to aid in the recovery of your lost password.

Sharing of your personal information

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Frogs.org.au takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information

For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Changes to this Privacy Policy

Frogs.org.au Ltd reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the site www.frogs.org.au.

Accessing Your Personal Information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Frogs.org.au Ltd reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

Contacting us

Frogs.org.au welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us.

Email:
arcade@frogs.org.au

Post:
The ARCade
c/- The Amphibian Research Centre
PO Box 1365
Pearcedale, Victoria 3912

Terms and Conditions for online sales

  1. Interpretation

1.1 In these Terms:

Company means Frogs.org.au Ltd.

Customer means the purchaser of Goods from the Company.

Goods means all goods sold and/or delivered by the Company to the Customer.

Terms means these terms and conditions of sale.

 

2 . Application

2.1 These Terms apply to all contracts for the sale of Goods by the Company.

2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.

2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

3 . Prices

3.1 Prices are determined at the time of order and, are subject to change without notice.

  1. Payment

4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.

4.2 100% of the invoice price must be paid when placing an order, unless prior arrangements are agreed upon.

  1. Delivery

5.1 The Customer must collect or accept delivery of the Goods as indicated during the ordering process.

5.2 If the Customer fails to collect the Goods or accept delivery, the Company may terminate this contract and resell the Goods.

5.3 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.

5.4 Any failure on the part of the Company to deliver within any specified time does not entitle the Customer to repudiate the contract

  1. Risk and Insurance

6.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.

6.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.

  1. Inspection

7.1 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.

  1. Cancellations

8.1 Excepting changes made through the use of the online customer account management system, no order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).

  1. Limited Liability

9.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.

9.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:

  • responsible if the Goods do not comply with any applicable safety standard or similar regulation; and liable for any claim, damage or demand resulting from such non-compliance.

9.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:

(a) replacement or repair of the Goods or the supply of equivalent Goods; or

(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.

  1. Warranty

10.1 All Goods supplied are covered by such warranties and supplied subject to the product standards detailed by the company.

10.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.

10.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.

10.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.

  1. 13 .Contract

11.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.

  1. Force Majeure

12.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.

  1. Waiver of Breach

13.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.

  1. No Assignment

14.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.

  1. Severability

15.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

  1. Governing Law

16.1 These Terms and the Contract shall be governed by the law of Victoria and the parties submit to the courts of Victoria in respect of any dispute arising.

Fair Use Policy

This Fair Use Policy applies to all frogs.org.au customers, placement and delivery of orders, use of our website and availability of goods and services or promotions.
We reserve the right to change the terms of the Fair Use Policy from time to time.
It is important to frogs.org.au that all customers can access a fair share of our Services. Accordingly, we have developed the fair use policies listed here.

  1. All promotions or services advertised by frogs.org.au are subject to the Fair Use Policy.
  2. In the case we deem your use unfair we may take action including but not limited to: contacting you to discuss, cancelling or refunding your order, denying access to promotional benefits, blocking, holding or limiting your account or IP address or terminating your account with us.
  3. We may deem your use unreasonable if you:
    1. Try to circumvent purchase limits by placing multiple orders (limits – on the rare occasions we have them – exist to help everyone get at least some supply when supply is limited).
    2. Use unfair means to access promotions for example
      1. Running multiple accounts for a single user
      2. Cancelling and renewing accounts
      3. Running multiple accounts in one family or address or IP (subject to our consideration).
      4. Any other activity that we deem is aimed at excessive unfair access to rewards and discounts offered by frogs.org.au.

What is unreasonable use?
It is an unreasonable use where your use of our services is reasonably considered by us to be excessive, fraudulent or to adversely affect supply to, or other customers’ use of or access to frogs.org.au services.
Fair use does not by itself create limits. If stock is not limited online you are free to order any quantity that is allowed.
Promotions are not limited – except as specified in each promotion – but fair use covers deliberate attempts to unfairly access such promotions which will be determined at our discretion.