Terms and Conditions for www.baristasforbaristas.com
1. Accessing the Website
(i) this website www. baristasforbaristas.com (Website), a barista-centric platform, provided by Daylight Agency Pty Ltd (ACN 093 738 348) (we, us or our), the Australian marketing service provider to Blue Diamond Growers (the owner of ALMOND BREEZE™ almond milk);
(ii) any services provided through the Website, such as:
(A) all communications, messaging and advertising platforms and services, including forums, job advertisements, classified advertisements;
(B) providing access to music playlists, business and product information, providing information on industry events; and
(C) any other services offered through the Website from time to time,
(c) Your use of the Website or the Services means you agree to abide by these Terms.
(d) We may change our Services or suspend, terminate or restrict your access to the Website, the Services, in accordance with these Terms.
2. Eligibility for use and acknowledgements
(a) Our Services are only available to individuals (that is, natural persons) and entities that are capable of forming legally binding contracts under applicable law.
(b) In using the Website, you acknowledge and agree that:
(i) we are not responsible for any third party services that we refer to on the Website, such as third party legal and financial advisers or third party job advertisements appearing on the Website; and
(ii) any statement made by a party on the Website, is attributable to that party. We do not take any responsibility for, or make any representations or warranties relating to any such statements.
3. Your rights and obligations in respect of the Website
(a) You may view and download and/or print any of the content on the Website, including all text, graphics, images, information or any materials provided by us on the Website (Content) that we have expressly permitted may be printed or downloaded on your personal computer, laptop, smart phone, tablet, PDA or other similar device, to avail of our Services or for use in a personal and non-commercial capacity.
(b) You agree that you will not:
(i) alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person on the Website;
(ii) modify or edit the Content or publish, sell or license any Content, including, but not limited to, making the Content available on any other website;
(iii) to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with the Website;
(iv) create any links from any other website to the Website, without our express prior written permission;
(v) use any Content on the Website for any commercial purpose other than as permitted by us;
(vi) use any robot, spider, other automatic device or manual process to monitor or copy any Content, without our prior written consent;
(vii) post to the Website or transmit to us any content that contains viruses or other harmful computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware;
(viii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or the Services or to gain unauthorised access to the Website, the Services or our computer systems or any activity that disrupts, diminishes the quality of, or interferes with the performance or functionality of the Website or the Services;
(ix) use the Services to send any emails or communications to any third party which constitute or contain ‘affiliate marketing’, ‘junk mail’, ‘chain letter’, ‘pyramid schemes’, spam or ‘unsolicited commercial electronic messages’ as defined in the Spam Act 2003 (Cth) (or any amendments to, or replacements of, this legislation) or which otherwise breach that act; or
(x) take any action that imposes an unreasonable load on the Website’s infrastructure.
(c) If you sign up to the Website, you are responsible for who has access to your Website’s account (Account). You must keep your password and username to access the Website and to use the Services safe and secure. Do not disclose your passwords to third parties.
(d) If your contact details change, you are responsible for notifying us of such changes.
4. Barista Content
(a) Once you have an Account, you may provide information to us, for inclusion on the Website, such as jobs advertisements, information on you or your cafe for Street Talk, contributions to any public forum or blog on the Website, or other materials for the Website as permitted by us (Barista Content).
(b) Account holders are responsible for each individual item of Barista Content that they upload, email or otherwise make available via the Services.
(c) If you provide Barista Content, it will be stored and may be displayed on the Website. No email addresses will be shown in the public forums or blogs.
(d) We are not responsible or liable for any Barista Content uploaded, downloaded, posted, emailed to or otherwise made available on the Website or through the Services. As an Account holder, you warrant that you have reviewed and checked all Barista Content.
(e) We decide whether to publish, edit, delete, block, reject, take down or remove all or any part or Barista Content. We are not obliged to monitor, pre-screen, approve or independently verify Barista Content or to edit, delete or refuse to post or transmit any Barista Content.
(f) If you request our assistance to post any Barista Content, or if you imply consent that we may post Barista Content on your behalf, either by written or oral means, or you fail to inform us that any Barista Content should be removed, you are still responsible for such Barista Content.
(g) We are not responsible or liable for the content of any material (including but not limited to Barista Content) posted, emailed to or otherwise made available through the Website by us or by third parties which is defamatory, offensive, obscene, inaccurate, misleading, incomplete, harmful, unlawful, pornographic or which in any way infringes a third party rights, including but not limited to intellectual property rights.
(h) You warrant that you own all rights in relation to your Barista Content or if you do not own your Barista Content, you are permitted to license Barista Content to us. You indemnify us against any action, claim or proceedings alleging that your Barista Content infringes the rights of any person, and any cost, charge, expense, payment, loss, damage or liability suffered or incurred by us in connection with the foregoing\(i) You agree not to post or provide any Barista Content that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so and to grant to us the rights granted in these Terms, from that person.
(j) If you identify yourself when you contribute to any material posted or made available through the Website in any way, including via any public forums, blogs or emails by name or provide a picture or audio or video recording of yourself, you irrevocably authorise us and our affiliates, and licensees, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your Barista Content or any part thereof, including your name, voice, image and likeness throughout the world and you waive any and all claims against use of a right of publicity for your image or likeness throughout the world by providing your Barista Content.
(k) To the extent permitted by law, we will not be liable to you in respect of any loss or damage which you may suffer or incur or which may arise directly or indirectly in connection with your supply of your Barista Content or loss of any of your Barista Content via our Website or the Services including our public forums or blogs, or the subsequent use of your Barista Content by us or any third parties.
(l) You acknowledge that we may display advertisements and promotions on the Website and you agree that we may place such promotions, advertisements, sponsored links on the Website on, or about or in conjunction with your Barista Content at any time without notice or payment to you.
(m) You acknowledge that the Website and the Services do not comprise a backup or storage service for your Barista Content and you are responsible for your Barista Content.
(n) You acknowledge that we may establish limits concerning use of the Services, the maximum number and size of email messages, or other Barista Content that may be transmitted or stored via the Services, and the frequency with which you may access the Website and the Services.
(o) You acknowledge that we reserve the right, at any time, to modify the Services (or any part thereof), in accordance with these Terms and that we will not be liable to you or to any third party for any modification of the Services. We will not modify the Services, in a way that is, in our reasonable opinion, detrimental to you, without providing you with notice in advance.
5. Intellectual property
(a) All intellectual property rights in:
(i) all Content and other information included on the Website; and
(ii) the arrangement of the Content on the Website,
are owned by us or our licensors.
(b) No duplication, public transmission, modification, deletion or reproduction of the Content may be made without our permission, except for printing and storage for personal use or other specific use permitted under copyright law.
(c) Any use of the trade marks, logos or product names appearing on our Website, without permission from us or the relevant rights holder, is prohibited except where specific use is authorised under trade mark law or other laws.
(d) We acknowledge that you own your Barista Content and may make it available to any third party at your discretion.
(f) To the extent required for us to provide our Services to you, you grant to us a non-exclusive, royalty free, worldwide licence to use, reproduce, modify transmit and communicate to the public, in any form including on the Website and in any print or electronic publication (including the right to sub-license to Blue Diamond Growers and any other third party as required by us) any Barista Content of which you are the owner or licensee of the intellectual property rights.
(g) The licence granted by you under section 5(f), in respect of your Barista Content, can be terminated by you:
(A) generally if you terminate your Account; or
(B) in respect of specific content forming part of your Barista Content, if you delete any such content from the Website,
but you acknowledge that the termination of this licence does not apply to:
(C) any of your Barista Content which you have already shared with others through the Website and they have copied it, shared it or stored it; or
(D) all backup copies of your Barista Content already stored on our systems, to the extent that such copies may remain on our systems.
(h) You consent to us doing or omitting to do any and all acts in relation to your Barista Content that would otherwise infringe any past, existing or future moral rights in your Barista Content. You waive any rights you may have to take action against us in relation to any act or omission which would otherwise infringe any past, existing or future moral rights in your Barista Content.
(i) You must not upload any materials through the Website, or use the Services, for purposes which are obscene, offensive, defamatory, discriminatory, inaccurate, fraudulent, misleading, unlawful, pornographic, promote violence, are hateful or which in any way infringe any third parties’ rights, including their intellectual property rights and privacy rights or circumvent storage space limits.
6. The Services
(a) The Website aims to provide you with clear and succinct information. However, if you misinterpret such information, we are not liable in any way for any such misinterpretation. Please contact us if you need to clarify something.
(b) The information provided on the Website is provided for general information purposes only and does not constitute professional advice. We do not endorse or recommend any employment opportunities or jobs advertised on the Website.
(c) Where jobs or opportunities are posted on the Website, such information is provided to us “as is” and we do not guarantee that such jobs are available at any time. We will not be liable if such vacancies have been filled by the advertiser before the job advertisement has been removed from the Website.
(d) We do not guarantee that every job advertised on the Website relates to an actual vacancy for a job.
(e) You must exercise independent skill and care in selecting any of the Services (and any third party services) referred to on, or made available through, the Website. We do not give any advice as to the appropriateness or suitability of the Services for you.
(f) We do not give or claim to give legal, taxation, financial or other advice. It is solely your responsibility to ensure that the Services you obtain through the Website meet your requirements. If you are unsure about your requirements, you should contact your lawyer, accountant or financial advisor.
(g) By using our Services, you warrant that the information you supply is, to the best of your knowledge, accurate, complete and up-to-date. It is your responsibility to inform us of any changes to that information.
(h) Neither we (nor any of our authorised representatives) will be liable for any charges or other damages or loss arising in connection with any incorrect information provided by you or any third party.
7. Other parties’ products and services
(a) If you use our Services with any third parties’ products or services, such as a third party hosting service provider, we are not responsible for any loss arising from or in connection with such use of third party products or services. We do not warrant that the Website or any of the Services are interoperable or are compatible with any such third parties’ products or services.
(b) If you use our Services to access the Baristas for Baristas Beats playlists on Spotify.com, via your Spotify account, you agree to only use such playlists in accordance with Spotify’s Terms and Conditions.
8. Accuracy of information
We are providing the Website, the Content and the Services on an “as is” basis. While we try to keep the information on the Website as accurate, complete and up to date as possible, we do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency of any of the Content, contained in or distributed through, or linked, downloaded or accessed from the Website.
9. Availability of the Website
(a) While we try to ensure that the Website, including the Content, functionality, performance and features are available continuously, we do not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Website or the related server are free of viruses, bugs or other harmful applications or interference. You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
(b) We will use reasonable efforts (but do not guarantee) to provide advance notice, to our registered Account holders, by email (to the email address on our records) of any scheduled unavailability of the Website or any of our Services, for maintenance, updating or any other reason. We are unable to provide advance notice of any unscheduled unavailability of the Website or where urgent repairs or patches are required.
(c) We may suspend your access to the Website without prior notice due to maintenance, system failure, repair or any other reason beyond our control.
(c) Overseas recipients of your personal information are not subject to Australian law, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles. The laws applying to such overseas recipients may differ from Australian laws and may apply a greater or lesser standard of protection for your personal information.
(d) By accepting these Terms, you:
(ii) acknowledge that we will not be accountable under the Privacy Act for such disclosure and that you will not be able to seek redress under the Privacy Act.
You indemnify us (including our officers, directors, agents, subsidiaries and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using our Services or any Barista Content.
12. Limitation of liability
(a) Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
(i) we give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and
(ii) all implied conditions, guarantees, warranties and rights are excluded.
(b) We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, the Barista Content, the Website and the Services (other than as a result of a breach of these Terms by us). Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (namely, to supplying the Services again, or the payment of the cost of having the Services supplied again).
(c) Subject to the provisions of sections 12(a) and 12(b) of these Terms and despite any implication arising from any other provisions of these Terms, our total liability to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of the Website, the Services, the Content or the Barista Content, including but not limited to if caused by any computer virus including a virus passed from the Website to your computer or other device or any third party computer, or loss of online connection to the Website, the Services, the Content, or interruption to access to the Website, the Services or the Content, will not exceed $100.
(d) Any reliance you place on, or any act done based on or in response to, the Content, the Services or the Website will be at your own risk.
13. Third Party Websites
(a) We may provide links to other websites which are not under our control or maintained by us (Third Party Websites).
(b) We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we will not be responsible for the content of such Third Party Websites.
(c) Any link to a Third Party Website does not imply that:
(i) the Third Party Website is in any way affiliated with us;
(ii) the Third Party Website is legally authorised to use our trade marks, trade names, logos or copyright; or
(iii) we are legally authorised to use the trade marks, trade names, logos or copyright of the Third Party Website.
(d) We take no responsibility for any Third Party Website accessed via the Website. Nor do we make any representations, warranties or undertakings in respect of the content available on or through any Third Party Website.
(e) If you decide to link to a Third Party Website, you leave our Website at your own risk.
14. Third Party Service Providers
(a) Any reference to providers of third party services provided on the Website (Third Party Service Providers) or any introduction to such Third Party Service Providers which we provide does not imply that the Third Party Service Provider is in any way affiliated with us or that we endorse them or their goods or services.
(b) Your interactions with any Third Party Service Providers, including payment and delivery of goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party Service Providers. You should make whatever investigation you feel necessary or appropriate before making any decision to obtain their goods or services.
(c) We do not make any representations, warranties or undertakings in respect of the goods or services provided by or through any Third Party Service Providers.
(a) We reserve the right to immediately delete or deactivate your Account, block your IP address, or otherwise immediately terminate your access to all or any part of the Website, the Content or the Services if you breach any of these Terms.
(b) We may otherwise delete or deactivate your Account, block your IP address, or otherwise terminate your access to the Website, the Content or the Services upon reasonable notice, which will not be less than 14 days.
(c) You may terminate these Terms as between us and you at any time by providing us with not less than 30 days’ prior notice in writing.
(d) We will not be liable to you or any third party for any termination, in accordance with these Terms, of your access to the Website, the Content or the Services. You agree not to attempt to use the Website, Content or the Services after termination pursuant to these Terms.
(e) On termination or expiration of these Terms, as between us and you for any reason:
(i) you will not have access to your Account;
(ii) you will delete any links to the Website from your websites;
(iii) you will immediately cease use of our intellectual property, such as our trade marks and the Content and will remove any trade marks from all of your materials, including your online properties; and
(iv) if we have used your trade marks, including your logos, in our promotional materials and on our Website, we will cease to do so.
16. Modification to Terms
(a) We may amend these Terms and any of our other policies relating to the Website and the Services, at any time, at our discretion. We will notify you of any such changes, either by email, SMS, by notifications on the Website or otherwise. Any such amendments are effective upon being published on the Website or as otherwise notified.
(b) You are responsible for reviewing these Terms regularly. Continued use of the Website and our Services after any such amendments constitutes your consent to such amendments.
(a) These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State.
(b) If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect.
Dated: 7 August 2018
The Daylight Agency Pty Ltd (ACN 093 738 348) (“Daylight”, “us” or “we”) owns and operates the website www.baristasforbaristas.com (the Website), a barista-centric engagement platform.
What is personal information?
“Personal information” is information or an opinion that is capable of reasonably identifying an individual, whether that information or opinion is true or not and whether the information or opinion is recorded in a material form or not. Personal information may include, for example, your name, mobile number and email address.
What personal information do we collect?
The types of personal information that we may collect from you varies depending on the circumstances in which it is collected. For example:
• if you sign-up to receive our newsletter, we will collect your name and email address;
• if you wish to submit an event to our online event calendar, we may collect personal information that you provide, such as your name and email address;
• if you post information to our blog, then we will collect your name, email address and any other personal information that you submit when you post to the blog;
• if you wish to promote your services to our barista community, we may collect your name, contact details and details of your qualifications and work experience;
• if you are posting a job opportunity, we may collect your name, business name and contact details;
• if you are nominating your café or venue to appear in the “Street Talk” section of the Website, we may collect your name, business name and contact details as well as a photo; and
• when you enter a competition or promotion, we may collect your name and contact details (such as a mobile phone number and/or email address).
We do not ordinarily collect sensitive information.
From time to time, you may be able to visit the Website and deal with us anonymously or by pseudonym. For example, you are able to browse the information on the Website without providing us with your personal information. If you are an account holder, you may use a pseudonym when contributing to any forums on the Website. However, if you do not provide us with the personal information we request, we may not be able to provide you with our services.
How do we collect personal information?
We may collect personal information from you in variety of ways, including:
• when you sign-up to receive our newsletters and other communications;
• if you post a job vacancy;
• when you enter a competition or other promotion, whether it is run by us or on our behalf;
• if you wish to promote your business on the Website, either in “Street Talk” or as a provider of services to our barista community;
• if you participate in the community forum on the Website;
• if you wish to promote an event, speaker or training course, which may be of interest to our barista community;
• any time you provide us with feedback, whether by phone, email, post or via our Website (or by some other means); and
• if you visit one of our social media pages, such as our Facebook or Instagram pages.
Your personal information will only be collected from third parties if it is unreasonable or impractical to collect that personal information from you directly. If and when we do collect personal information from third parties, we will take reasonable steps in the circumstances to inform you of this collection.
Why do we collect your personal information and how do we use it?
We may collect and use your personal information for purposes reasonably necessary for, or directly related to, our functions and activities. These purposes include:
• building the barista community through the Website;
• improving your overall experience in using the Website, so that you find it useful, relevant, interesting and fun;
• marketing products of our client, Blue Diamond Growers, the owner of ALMOND BREEZE almond milk;
• providing various services which are accessible via the Website;
• responding to your questions, comments, requests and complaints and to otherwise provide customer services;
• the prevention of fraud and/or identifying and investigating any suspicious use of our Website or services;
• for our internal business and management processes, for example accounting or auditing purposes;
• for any other purpose to allow us to comply with our obligations under law; and
• for any other purposes that would reasonably be expected by you.
If you would like to stop receiving marketing communications from us, you can opt out by writing to us at the contact details listed below (see “Contact Details”) and informing us that you no longer wish to receive these communications or you can click the “unsubscribe” link at the bottom of the marketing emails we send.
Who will we disclose your information to?
From time to time, Daylight may disclose your personal information to third parties, both within and outside Australia, for the purposes of conducting our business and operating the Website. These third parties may include (but are not limited to):
• our client, Blue Diamond Growers (the owner of ALMOND BREEZE almond milk), for which we promote its products;
• our service providers who assist us in managing our business and operating our Website, for example, business support services, payment processors, webhosting service providers, cloud storage providers, mailing houses etc;
• our professional advisors including lawyers, accountants, tax advisors and auditors;
• law enforcement bodies to assist in their functions, courts of law or as otherwise required or authorised by law; and
• regulatory or government bodies for the purposes of resolving customer complaints or investigations.
Is your personal information disclosed overseas?
Your personal information will be shared with Blue Diamond Growers (the owner of ALMOND BREEZE almond milk), which is located in the USA.
How do we secure and protect your personal information?
We take such steps as are reasonable to store your personal information securely and to protect it from interference, misuse and loss and from unauthorised use, access, modification or disclosure.
In order to protect your personal information we use industry-standard methods as a reasonable, such as password protection and storing information on a computer behind our “firewall” in a secure location.
Personal information is stored on servers located in Australia.
Third Party Links
Access and correction of personal information
You are entitled to seek access to and the correction of your personal information.
If you would like to access, update or correct any of the personal information we hold about you, you may do so by sending us an email to our Privacy Officer at email@example.com or by contacting us using the “Contact Details” below.
Once we receive your request for access or correction, we will usually respond to your request within 30 days after the request is made. We may also charge reasonable costs for responding to your request.
There are some circumstances specified by law where we may refuse your request for access and/or the correction of your personal information. However, if one of these circumstances applies, we will provide you with a written explanation of the reasons for our refusal, unless it would be unreasonable to provide that notice and let you know how you may complain about our refusal.
If we do not agree to make the requested changes to your personal information, you may make a statement about the requested changes and we will link the statement to your personal information.
If you have any concerns or a complaint about a breach of your privacy or the way we have handled your personal information, please email our Privacy Officer at firstname.lastname@example.org or contact us using the “Contact Details” below and inform us of the nature of your complaint.
We will then investigate your complaint and usually provide you with our response within 30 days of receiving your complaint. If, after receiving our response you still consider that your privacy complaint remains unresolved, you may then, for example, refer your concern to the Office of the Australian Information Commissioner at www.oaic.gov.au.
The Daylight Agency Pty Ltd
439-441 Kent Street
Sydney NSW 2000
Tel: +61 2 8235 7600
1. The Daylight Agency Pty Ltd (ACN 093 738 348) (referred to as “we”, “us” or “our”) is collecting your personal information, to enable you to join and contribute to the Baristas for Baristas community and to improve our services to you. Failure to provide your personal information may prevent you from being able to access parts of this website and from receiving updates from us. asda
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