Your Privacy Is Important To Us Frogmore Gardens (also referred to as "we" or "our") is the sole owner of the information collected on the frogmoregardens.com.au website (this "Site"). Frogmore Gardens understands your concerns with protecting your personal information, and we value and appreciate your trust. The services provided by Frogmore Gardens are subject to the legal requirements of the National Privacy Principles from the Privacy Act (1988). Information Collection And Use General. In the normal course of operating this Site and providing services to you, we may store or collect nonpublic personal information such as (names, addresses, phone numbers, etc.) or other information that we receive directly from you through this Site, registrations, questionnaires, surveys and other forms. We may also receive information about you from our business associates or others that you have authorised to give us information. We may use your information to provide the services requested by you. Additionally, we may use your information to enhance this Site. Financial Details. We do NOT collect or retain your credit card or other payment details. All payment transactions for orders are delegated to independent payment gateway services which comply with PCI data security standards. Email Communications. We will correspond with you via email in response to your inquiries, to provide the services you request, and to manage your account. By using this site, you consent to us contacting you via email. Services. When you purchase services from this Site, you must provide certain personally identifiable information, such as name, email, address and phone number on our member registration and newsletter subscription and appointment booking forms. The information you provide will be used to identify you in your activities on our site and for services we may provide to you at your request. If we need to communicate with you or provide services to you, we may use this information to contact you. We may send emails to you as necessary to keep you informed on the status of your activities with us. Cookies. Whenever you interact on this Site, we receive and store certain information through Internet "cookies." A cookie is a small text file that is stored on a user's computer for record-keeping purposes. The information collected will be used to personalise content and services on this Site, which will allow you to take advantage of some of our best features. If you linked to this Site from another website, we may collect the address of that website. We do NOT use cookies to examine your surfing behavior on the Internet or any website other than this Site. Information Sharing And Disclosure We employ security procedures to help protect personal information stored in our systems, including limiting access to personal information to employees who we believe reasonably need to come into contact with that information and using processes such as password hashing, login auditing, and idle session termination. Despite our efforts, there is still no way for us to guarantee the security of your personal information. Employees. Access to member information is limited to employees who have a need to know it to provide customer service, maintain our information systems or provide other services. Our employees are subject to a confidentiality agreement. Third Parties. We may share Personally Identifiable Information when required to provide services to you. For example, we may send your name and billing information to our payment processing service, and we may share Personally Identifiable Information in order to advise your referring doctor, other medical or allied health professionals, your legal representatives or other parties with your explicit consent. Aggregate Information (non-personally identifiable). Aggregated demographic information about our members may be shared with our vendors. This information does not identify individual members. For example, we may disclose the gender distribution of our membership. We may also publish analyses of the data collected on this Site. For example, we may display a graph showing the number of users from given regions. These analyses will not contain any personally identifiable information. Frogmore Gardens does not sell your name, address, or purchase information to any third parties. Legal Matters. We reserve the right to disclose your personally identifiable information as required or permitted by law or when we believe that disclosure is necessary to protect or enforce our rights. Such disclosures may include disclosures necessary: (i) to comply with a court order, legal process, or other judicial or investigative proceeding that produces a request for information from Frogmore Gardens; or (ii) to fulfill or respond to a request from you or that of your authorised representative; and as otherwise described in this Privacy Notice. Interactive Areas If you post or comment on our articles or blogs, use the discussion forum or other forums ("Interactive Areas") on this Site, any personally identifiable information you submit in the forums can be read, collected, or used by other user of the Interactive Areas. Such information could be used to send you unsolicited messages or for other unauthorised purposes. Frogmore Gardens is not responsible for any use by third parties of personally identifiable information disclosed by you or third parties in the Interactive Areas. We assume no responsibility for any liability whatsoever related to such disclosures. Links To Other Sites This Site contains links to other web sites that are not owned or controlled by Frogmore Gardens. Frogmore Gardens is not responsible for the privacy practices of external linked sites. This Privacy Policy applies only to information collected on this Site by Frogmore Gardens. You must understand when you are leaving this Site and should read the privacy statements of each and every web site that you may visit. Security The security of your personal information is important to us. Frogmore Gardens uses Ubuntu, Apache, ClamAV, SpamAssassin and other security technology to protect your personal data. Assignments Changes to this Privacy Policy. This Privacy Policy may be modified from time to time by posting the updated policy containing any modifications to this Site. Transfers and Assignments.Frogmore Gardens reserves the right to transfer your personally identifiable information in connection with a business transition such as a merger, acquisition by another company, or sale of all its assets. Your personally identifiable information will continue to be held in confidence. Disputes. Any disputes concerning this Privacy Policy will be governed and construed in accordance with the laws of the state of Victoria, without regard to the principle of conflicts of laws. You agree that any legal action or proceeding between Frogmore Gardens and you for any purpose concerning this Privacy Policy or Frogmore Gardens, obligations hereunder shall be brought exclusively in a federal or state court of competent sitting in the state of Victoria. Requests For Access To Client Information At any stage you as a client are entitled to access to the information about you kept on file, unless the relevant legislation provides otherwise. Your consultant may discuss with you appropriate forms of access. All requests by clients for access to information held about them should be lodged with your consultant. These requests will be responded to within 10 working days and an appointment will be made if necessary for clarification purposes. Concerns If you have questions or concerns regarding this statement, you should contact Frogmore Gardens via email at sales [AT] frogmoregardens [DOT] com [DOT] au. This e-mail address has been intentionally obfuscated to protect it from spam bots. Please replace the words in brackets in the preceding email address with the appropriate symbols on your keyboard. Upon request you can obtain a copy of the National Privacy Principles/Health Privacy Principles, which describe your rights and how your information should be handled. Ultimately, if you wish to lodge a formal complaint about the use of, or access to, your personal information, you may do so with the Office of the Federal Privacy Commissioner on 1300 363 992, or GPO Box 5218, Sydney, NSW 1042. Agreement Between User and Frogmore Gardens The Frogmore Gardens Web Site is comprised of various Web pages operated by Frogmore Gardens. The Frogmore Gardens Web Site is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Frogmore Gardens Web Site constitutes your agreement to all such terms, conditions, and notices. Modification of these Terms of Use Frogmore Gardens reserves the right to change the terms, conditions, and notices under which the Frogmore Gardens Web Site is offered, including but not limited to the charges associated with the use of Frogmore Gardens Web Site. Links to Third Party Sites The Frogmore Gardens Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Frogmore Gardens and Frogmore Gardens is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Frogmore Gardens is not responsible for webcasting or any other form of transmission received from any Linked Site. Frogmore Gardens is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Frogmore Gardens of the site or any association with its operators. No Unlawful or Prohibited Use As a condition of your use of the Frogmore Gardens Web Site, you warrant to Frogmore Gardens that you will not use the Frogmore Gardens Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Frogmore Gardens Web Site in any manner which could damage, disable, overburden, or impair the Frogmore Gardens Web Site or interfere with any other party's use and enjoyment of the Frogmore Gardens Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Frogmore Gardens Web Site. Use of Communication Services The Frogmore Gardens Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. • Conduct or forward surveys, contests, pyramid schemes or chain letters. • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. • Restrict or inhibit any other user from using and enjoying the Communication Services. • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. • Harvest or otherwise collect information about others, including e-mail addresses, without their consent. • Violate any applicable laws or regulations. Frogmore Gardens has no obligation to monitor the Communication Services. However, Frogmore Gardens reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Frogmore Gardens reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Frogmore Gardens reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Frogmore Gardens's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Frogmore Gardens does not control or endorse the content, messages or information found in any Communication Service and, therefore, Frogmore Gardens specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Frogmore Gardens spokespersons, and their views do not necessarily reflect those of Frogmore Gardens. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. Materials Provided to Frogmore Gardens or Posted at any Frogmore Gardens Web Site Frogmore Gardens does not claim ownership of the materials you provide to Frogmore Gardens (including feedback and suggestions) or post, upload, input or submit to any Frogmore Gardens Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Frogmore Gardens, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Frogmore Gardens is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Frogmore Gardens's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Liability Disclaimer The information, software, products, and services included in or available through the Frogmore Gardens web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Frogmore Gardens and/or its suppliers may make improvements and/or changes in the Frogmore Gardens web site at any time. Advice received via the Frogmore Gardens web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Frogmore Gardens and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Frogmore Gardens web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Frogmore Gardens and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall Frogmore Gardens and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Frogmore Gardens web site, with the delay or inability to use the Frogmore Gardens web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Frogmore Gardens web site, or otherwise arising out of the use of the Frogmore Gardens web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Frogmore Gardens or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Frogmore Gardens web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Frogmore Gardens web site. Service Contact Please call us using our published contact details. Termination/Access Restriction Frogmore Gardens reserves the right, in its sole discretion, to terminate your access to the Frogmore Gardens Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Victoria, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Victoria, Australia, in all disputes arising out of or relating to the use of the Frogmore Gardens Web Site. Use of the Frogmore Gardens Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Frogmore Gardens as a result of this agreement or use of the Frogmore Gardens Web Site. Frogmore Gardens's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Frogmore Gardens's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Frogmore Gardens Web Site or information provided to or gathered by Frogmore Gardens with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Frogmore Gardens with respect to the Frogmore Gardens Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Frogmore Gardens with respect to the Frogmore Gardens Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English. Copyright and Trademark Notices This site and its contents are subject to copyright. The site material, function and operation copyright is owned by Frogmore Gardens and Jack Marshall, or in the case of some material, a third party. All rights reserved. Trademarks The names of actual companies and products mentioned herein may be the trademarks of their respective owners.. Any rights not expressly granted herein are reserved.
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