Terms and Privacy
Terms & Conditions
Welcome to The PMDD Chick website (the “Site”). Britty Em Pty Ltd (also known as "The PMDD Chick"), the company who owns and operates this website, having its registered office at: 14 Bellara Street, Ashmore 4214 QLD Australia and its subsidiaries, related entities and assigns. By accessing, browsing, using this Site, or purchasing our products, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions (the “Terms”) which, together with our Privacy Policy govern the relationship between Us (Britty Em Pty Ltd) and You (the User). If You do not agree to these Terms, You must not use or access this Site.
Use of this site
Your use of this Site is subject to the following terms and conditions: (a) Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You or through Your login and You shall be responsible for the consequences of any such communications to the Site. (b) You must not use the Site for any of the following purposes, which are expressly prohibited by The PMDD Chick: (i) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libelous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Site’s or The PMDD Chick network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify us immediately in the event of any unauthorised use or misuse of your account or where there is any other breach of security. (d) The PMDD Chick reserves the right to revise these Terms at any time and for any reason without notice to You. It is your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) The PMDD Chick may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms. (g) The PMDD Chick may impose additional terms and conditions specific to any products, orders or aspects of your use of this Site, including but no limited to, with respect to the ordering, shipment and return of goods purchased through this Site and to any membership reward programs (“Additional Terms”) offered from time to time by The PMDD Chick. These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.
Products & Information
Your use of this Site is, at all times, entirely at Your own risk. Except in respect of any content submitted by Members, The PMDD Chick shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and The PMDD Chick expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party. The PMDD Chick does not make any guarantee as to the availability or suitability of products on this Site. Its is your responsibility to determine the suitability of a product or service for You and The PMDD Chick expressly excludes all liability in relation to this. The PMDD Chick reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.
Proprietary Rights
This Site contains materials that are owned by or licensed to The PMDD Chick. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site. You may not create a link to this Site from another website or document without the prior written consent of The PMDD Chick. The PMDD Chick does not claim ownership of any content or materials You make available through the Site however You grant The PMDD Chick a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to The PMDD Chick the right to use such content or materials in the manner specified in this Clause.
Disclaimer
Your use of this Site, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. The PMDD Chick expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose. The PMDD Chick does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. The PMDD Chick does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third party websites.
Indemnification
Notwithstanding anything else in these Terms, The PMDD Chick, its subsidiaries, assigns and third party providers shall not, under any circumstances be liable to You or any other User of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your use or inability to use this Site. The PMDD Chick's total liability to You shall be limited to the amount paid by You to Us for Your membership fees for the membership period during which the event giving rise to the liability occurs. This applies in respect of all content, information, products and services available on or through this Site.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
Contact Information
Questions about the Terms & Conditions should be sent to us at [email protected] or via the Contact page on this website.
PRIVACY POLICY
We recognise the importance of your privacy and understand your concerns about the security of the personal information you provide to us. We aim to comply with the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth). The APPs detail how personal information may be collected, used, disclosed, stored and destroyed, and how an individual may gain access to or make complaints about the personal information held about them.
This policy details how we manage personal information about You (including sensitive information and health information).
In the course of doing business with You, the collection of personal information in some instances is necessary or unavoidable.
What personal information we collect and hold
The kinds of personal information we collect from you or about you depend on the transaction you have entered into with us, the services you have contracted us to provide, and the services you are interested in or the information you have requested.
“Personal information” is information or an opinion about an identified individual, or about an individual who is reasonably identifiable.
The kinds of personal information that we may collect and hold from you or about you include: your name, email address, questions asked, address, phone numbers, program completion statistics and credit card details.
When you browse The PMDD Chick website or contact us electronically, we may also record geographical tagging, cookies and statistical data. This may include your IP address, date and time of your visit, pages visited and information downloaded and type of browser used to access the Site.
We use this information to help us to make decisions about maintaining and improving our Site and online services.
To improve your experience on our site, we may use ‘cookies’. Cookies are an industry standard and most major web sites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
Our website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. When you go to other websites from here, we advise you to be aware and read their privacy policy. Our website uses Kajabi analytics software, a service which transmits website traffic data. We use reports provided by Kajabi to help us understand website traffic and webpage usage.
By using this website, you consent to the processing of data about you in the manner described above.
How we collect and hold personal information
We aim to collect personal information only directly from you, unless it is unreasonable or impracticable for us to do so.
For example, we collect personal information from you or about you from information you submit to us, emails, telephone calls with us, and from your activity on our Site and social media platforms.
You can be anonymous or use a pseudonym when dealing with us, unless:
- the use of your true identity is a legal requirement; or
- it is impracticable for us to deal with you on such basis.
Why we collect, hold, use and disclose personal information
We collect, hold, use and disclose personal information from you or about you where it is reasonably necessary for us to carry out our business functions and activities. For example, we collect, hold, use and disclose your personal information as necessary to provide our services to you.
If we do not collect, hold, use or disclose your personal information, or if you do not consent, then we may not be able to answer your enquiry, complete the transaction you have entered into, or provide the services that you have contracted us to provide.
We also collect, hold, use and disclose your personal information for related purposes that you would reasonably expect, such as our administrative and accounting functions, fraud checks, providing you with information about other services offered by us, marketing and promotions, market research, newsletter communications, statistical collation and website traffic analysis.
Where we wish to use or disclose your personal information for other purposes, we will obtain your consent.
Where we use your personal information for marketing and promotional communications, you can opt out at any time by notifying us. Opt out procedures are also included in our marketing communications.
We may also disclose your personal information to third parties (including government departments and enforcement bodies) where required or permitted by law.
Destruction and de-identification
We will retain your personal information whilst it is required for any of our business functions, or for any other lawful purpose.
We use secure methods to destroy or to permanently de-identify your personal information when it is no longer needed:
- Paper records are shredded or destroyed securely.
- Electronic records are deleted from all locations, to the best of our ability, or encrypted and/or placed beyond use.
Requests for access and correction
We have procedures in place for dealing with and responding to requests for access to, and correction of, the personal information held about you.
In most cases, we expect that we will be able to comply with your request. However, if we do not agree to provide you access or to correct the information as requested, we will give you written reasons why. For further information, please see contact us.
To assist us to keep our records up-to-date, please notify us of any changes to your personal information.
Complaints and concerns
We have procedures in place for dealing with complaints and concerns about our practices in relation to the Privacy Act and the APPs. We will respond to your complaint in accordance with the relevant provisions of the APPs. For further information please contact us.
General data protection regulation
If you are a resident of the European Economic Area, we are required to comply with the General Data Protection Regulation (GDPR) in respect of residents of the European Economic Area.
If you are a resident of the European Economic Area, you have the following rights under the GDPR:
- to correct or change your personal information
- to request that we delete your personal data unless we are required or permitted to hold it by the relevant law.
- to request that your personal data is transferred to a third party.
- to limit the personal information we hold about you.
- to object to your personal information being used in a certain manner. We will comply with your request unless we are otherwise permitted or required by law.
- to access your personal information and enquire what information we hold about you.
- to request further clarification regarding the treatment of your data; and
- to make a complaint. Our response will be in accordance with our Terms and Conditions.
DISCLAIMER
The information on The PMDD Chick website is intended to be general in nature and is not personal health and wellness advice. It does not take into account your objectives, medical situation or needs. Before acting on any information, you should consider the appropriateness of the information provided and the nature of your own health care needs. In particular, you should seek independent medical advice before making any lifestyle changes.
