ABOUT US
www.naturtint.com.au is operated by or on behalf of Kadac Pty Ltd. We are a limited liability company registered in Australia under ABN 43 004 971 733 and have our registered office at 151-155 Woodlands Drive, Braeside, Victoria, Australia 3195.
Introduction
Kadac Pty Ltd (Kadac) owns and operates this web site (NaturTint’s site). Your access to and use of NaturTint’s site is conditional upon your acceptance and compliance with these Terms of Use. Your use of, and / or access to, NaturTint’s site constitutes your agreement to these Terms of Use.
Specific limits of NaturTint’s site
Whilst NaturTint’s site offers hair, wellness and diet related articles in the “Blog”, NaturTint’s site does not offer any diagnostic advice or service. If you need advice, information or treatment you should consult a qualified medical or health care practitioner and not use this site.
The information contained on NaturTint’s blog is made available for informational purposes only, and should not be construed as medical or health advice.
Kadac endeavours to provide a convenient, functional and secure web-site. However, NaturTint’s website is provided on an “as is” and “as available” basis and Kadac does not warrant the content will be error free or that the site or the server that operates it are free of viruses or other harmful components.
While Kadac takes all reasonable steps to maintain the accuracy and completeness of the information contained on NaturTint’s site, you acknowledge and agree that, to the maximum extent permitted by law, Kadac makes no representation or warranty to you, nor give any guarantee as to the accuracy, adequacy or completeness of the content or information contained on NaturTint’s site.
Similarly, to the maximum extent permitted by law, Kadac makes no representation or warranty, nor give any guarantee to you in relation to NaturTint’s site or the content accessible via NaturTint’s site, including (without limitation):
- as to the reliability, suitability or availability of NaturTint’s site or the content accessible on NaturTint’s site;
- that access to NaturTint’s site and/or to the content accessible on NaturTint’s site will be secure, uninterrupted or error-free;
- that errors or defects with NaturTint’s site or the content accessible via NaturTint’s site will be able to be corrected;
- that NaturTint’s site will operate with any other hardware, software, system or data; or
- the accuracy and fairness of the content accessible via NaturTint’s site.
If your use of NaturTint’s site results in the need for servicing or replacing property, material, equipment or data, to the maximum extent permitted by law, Kadac will not be responsible for such costs.
Terms of Use
The information on NaturTint’s site is offered on the terms and understanding that, to the maximum extent permitted by law, neither Kadac nor Kadac’s directors and NaturTint’s site’s authors are responsible for the results of any actions taken on the basis of the information or for any error or omission in the information.
You agree that your use of NaturTint’s site and the purchase of any products will be governed by these terms and conditions (“Terms of Use”) and NaturTint’s collection, use and disclosure of your personal information will be in accordance with the Privacy Policy which can be accessed here https://kadac.andmine.com/privacy-policy/. As these Terms of Use and the Privacy Policy are important legal documents, we recommend that you read both pages before taking any further steps on this site. Your continued use of NaturTint’s site will be treated by Kadac as your acceptance to the Terms of Use and Privacy Policy. If you do not accept these Terms of Use and Privacy Policy, you must refrain from using or accessing this site and any information contained on it.
Registration
2.1 You may be asked to provide Personal Information to NaturTint before purchasing any products from this Website, before entering any competition on the Website or before registering an account on this Website. If you do not provide that Personal Information to NaturTint, NaturTint may not be able to sell you products, enter you into that competition or register you with an account.
2.2 All Personal Information Kadac collects from this Website will be held, used and disclosed in accordance with NaturTint’s Privacy Policy.
2.3 You acknowledge that if you do not register as a member of this Website, parts of this Website designed for registered members may not be accessible to you. 2.4 Kadac will take reasonable steps to maintain the security of any Personal Information that you provide. NaturTint’s site has security measures in place to protect the loss, misuse and alteration of the information under Kadac’s control. However, no data transmission over the internet can be completely secure, and Kadac cannot give an absolute assurance that the information you provide to us will be secure at all times.
2.5 Kadac may use techniques designed to identify fraudulent activities on the Website, such as fraudulent credit card use. If any unauthorised use of your credit card occurs as a result of your credit card purchase on the Website, you should notify your credit card provider in accordance with its reporting rules and procedures.
2.6 You agree that Kadac may terminate your user account and/or refuse you access to NaturTint’s site where you are in breach of any provision of these Terms of Use.
User ID, Password and Security
3.1 You have the opportunity to create an account to access parts of NaturTint’s site. In order to create an account, you are required to provide us with your name and address, and to select a password.
3.2 You acknowledge and agree that your email address and password combination is used to access the restricted areas of NaturTint’s site and that you are responsible for the safety and security of your password.
3.3 Without limiting the foregoing, you agree to notify Kadac immediately when you become aware of any unauthorized or attempted unauthorized access to, use or disclosure of your password by any person and you agree to comply with Kadac’s directions regarding password security.
3.4 You agree that Kadac is entitled to take reasonable steps to monitor use of your account and that Kadac may suspend your access to your account should Kadac detect any suspicious activity occurring in relation to your account until the suspicious activity is resolved.
Credit card and payment information
NaturTint and Kadac do not collect, store or retain any credit card and other payment information in connection with products purchased from NaturTint via this website. All payments for products purchased from NaturTint via this website are processed through third party payment gateway providers. Kadac uses its reasonable endeavours to ensure that all purchases made through NaturTint’s website are made using secure HTTP connections (you can check that the connection is secure when the URL for the “check-out” web-page commences with “https://”).
Copyright & Intellectual Property
NaturTint’s site contains material which is subject to copyright and other intellectual property rights owned by or licensed to NaturTint. Except to the extent otherwise permitted by law:
You are allowed to:
view, copy and print material in electronic or other forms only for your personal use, or non-commercial purposes and only if you retain the copyright notice and other intellectual property notices from the original material;
You are NOT allowed to:
• use material from NaturTint’s site for non-personal, public or commercial purposes without the consent of Kadac; or
• distribute in any medium any part of NaturTint’s site or the content on NaturTint’s site without Kadac’s prior written consent; or
• alter or modify any part of NaturTint’s site or the content made available via NaturTint’s site; or
• not to use or access NaturTint’s site (or any part of it) or the content made available via NaturTint’s site for any commercial use unless you first obtain Kadac’s prior written consent (which may be provided in Kadac’s absolute discretion, subject to any conditions which Kadac chooses to impose at its absolute discretion); or
• breach copyright or any other intellectual property rights of Kadac or its licensors including by amending or adapting any material on NaturTint’s site.
Subject to the provision above no part of NaturTint’s site may be reproduced, stored in a retrieval system, or transmitted in any form or any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of a director of Kadac Pty Ltd.
Advertising, links to third party web sites and e-commerce offers
NaturTint’s site contains hyperlinks and other pointers to internet web sites operated by third parties. These linked web sites are not under the control of Kadac. Kadac is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. Kadac provides these hyperlinks to you as a convenience only. Inclusion of any link is not nor does it imply any endorsement of the linked web site by Kadac. You link to any such web site entirely at your own risk.
Your content and conduct
You are solely responsible for any content that you submit to NaturTint and the consequences of submitting such content to NaturTint, including via NaturTint’s site.
When you submit any content to NaturTint, you represent and warrant to Kadac on a continuous basis that you own the content and that the content is original to you, and does not infringe the intellectual property rights or moral rights of any third party.
You grant to Kadac a non-exclusive, worldwide, perpetual and irrevocable fully paid up licence of the content you submit to NaturTint to enable Kadac to operate the NaturTint’s website and to otherwise fulfil any obligations which Kadac may owe to you under any contract or agreement.
Without limiting the foregoing, you agree that you will not submit to Kadac any content that is and that you will not use NaturTint’s site or any content or tools which Kadac makes available to transmit any material that is:
- vulgar or obscene;
- discriminatory, sexist or racist;
- violent or graphic;
- contrary to applicable laws in Australia; or
- libelous, tortious, defamatory or invasive of another person’s privacy.
You acknowledge that Kadac may, at its absolute discretion, remove content from NaturTint’s website which in Kadac’s opinion breaches any of the foregoing restrictions.
You also acknowledge and agree that the fact that Kadac may make available your content to other users of NaturTint’s website does not mean that Kadac endorses such content or the person submitting the content.
Applicable Law
This agreement created by these Terms of Use is governed by and construed in accordance with the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria with respect to any dispute arising out of or in connection with these Terms of Use.
Communications
Unless you expressly inform Kadac otherwise (including by exercising any opt-out mechanism that Kadac may make available to you), you consent to your receipt from NaturTint, or on NaturTint’s behalf, of electronic messages (including emails) attaching newsletters, brochures and/or updates of future developments relevant to NaturTint.
Feedback
Kadac provides NaturTint’s website in order to provide a useful guide and user experience and any comments on its structure and contents with a view to improving its usefulness would be welcome. Such comments and feedback should be provided to Kadac via Kadac using the facilities made available via NaturTint’s website.
When you submit any feedback or comments to Kadac regarding NaturTint’s website, you acknowledge and agree that Kadac is free to use or adapt any idea or feedback to improve NaturTint’s website without compensation or remuneration to you.
Liability
The liability of either party for a breach of the agreement created by these Terms of Use or for any other common law or statutory cause of action arising out of the operation of these Terms of Use will be determined under the relevant law that is recognized, and would be applied by, the High Court of Australia.
To the fullest extent permitted by law, in no event shall Kadac, its directors, officers, employees or agents, be liable to you for any direct, indirect, incidental, special or consequential loss or damage arising from any:
- errors, mistakes or inaccuracies in the content made available via NaturTint’s site;
- personal injury or property damage (of any nature whatsoever) arising or resulting from your access to and use of NaturTint’s site and/or its content;
- any interruption or cessation of transmission to or from NaturTint’s site;
- any bugs, viruses and/or malicious code which may be transmitted to or through NaturTint’s site; and/or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via NaturTint’s site, except where such liability arises as a direct result of any negligent or willful act or omission of Kadac, its directors, officers or employees.
Notices
Without limiting the methods by which a notice or other communication may be given at law, a notice or other communication is properly given or served if it is transmitted by electronic mail or other electronic means to your email address held by Kadac. You agree to promptly notify Kadac of any change in your email address.
Entire agreement
These Terms of Use constitute the entire agreement with respect to your access to and use of NaturTint’s site, and your right to upload, submit, access and use the content made available via NaturTint’s site. These Terms of Use supersede and replace all prior representations, agreements, statements and understandings (whether verbal or in writing) in relation to the subject matter of these Terms of Use.
Variation
Kadac may vary these Terms of Use at any time by giving you notice of the variation or by posting a notice of the variation to NaturTint’s site. Such notice may be given (and you are deemed to have been given notice) by posting a notice of the variation to these Terms of Use reasonably prominently on NaturTint’s site.
Kadac will use reasonable endeavours to notify you of any variation to these Terms of Use at least 14 days in advance of the variation taking effect. Such notification may take the form of an email sent to the email address Kadac holds, by posting a reasonably prominent link to the varied terms on NaturTint’s site and/or by posting a reasonably prominent notice in any app Kadac may release to support NaturTint’s site.
Waiver
A waiver by either party of a breach of these Terms of Use will not be regarded as a waiver of any other breach. A party’s failure to enforce a provision of these Terms of Use will not be interpreted as a waiver.
Severability
Each provision of these Terms of Use shall be read as separate and separable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.
Assignment
Kadac may assign its rights under these Terms of Use to a third party without your prior written consent. You acknowledge and agree that the rights conferred on you under these Terms of Use are personal to you and cannot be assigned or novated to another party except with Kadac’s prior written consent.
Further acts
Each party must, without further consideration, sign, execute and deliver any document and perform any other act that is necessary or desirable to give full effect to these Terms of Use.
Party preparing document not to be disadvantaged
No rule of contract interpretation must be applied in the interpretation of these Terms of Use to the disadvantage of one party on the basis that it prepared or put forward these Terms of Use or any document included in these Terms of Use.
SUPPLEMENT IN RELATION TO THE GENERAL DATA PROTECTION REGULATION
Last updated: July 2018
This supplement is intended to add to the privacy policy of Kadac Pty Ltd (“Kadac”). It sets out how Kadace complies with the General Data Protection Regulation (“GDPR”) with respect to the processing of personal data collected from residents of the European Union. It is not intended to replace Kadac’s privacy policy that applies to the collection, use and disclosure of personal information from individuals located in Australia.
This supplement applies whenever you visit this website, including any mobile website (together, the “Website”) from a location within the European Union or when a resident of the EU provides personal data to Kadac.
Data controller
For the purposes of the GDPR, Kadac confirms that the data controller of this Website is Kadac Pty Ltd, a company registered under the laws of Australia, whose registered office is located at 151-155 Woodlands Drive, Braeside, Victoria 3195 Australia.
What personal data does Kadac collect about you and from whom?
When you access, subscribe or sign up to use the Website, Kadac may collect a variety of personal data about you. The types of information Kadac collects from individuals (including EU residents) are set out in NaturTint’s privacy policy.
Use of your personal data
Where the GDPR applies to the personal data Kadac collects, Kadac uses and processes personal data according to the requirements and restrictions of the GDPR. In particular, Kadac will only use and/or disclose your personal data if Kadac has a permitted lawful basis on which to use and/or disclose your personal data.
Generally, Kadac collects your personal data because it is necessary for:
- performing Kadac’s contract for the provision of products and/or services to you;
- the pursuit of Kadac’s legitimate interests (as detailed further below); or
- complying with Kadac’s legal obligations.
Kadac may also rely on your consent to use your personal data, including for marketing purposes (see “Marketing Communications” below).
You may withdraw your consent to these activities at any time. If you withdraw your consent, unless another lawful basis applies, Kadac will cease to process the affected data. Please note that withdrawal of consent may result in Kadac being unable to provide you with certain features of the Website and/or the products that you have ordered and paid for through the Website.
As noted above, Kadac may use your personal data for the purpose of performing a contract made between NaturTint and you. This includes using your personal data for the purposes outlined in NaturTint’s privacy policy.
Kadac may use your personal data for NaturTint’s legitimate interests, including those interests outlined in NaturTint’s privacy policy. Without limiting NaturTint’s privacy policy, NaturTint’s legitimate interests include using your personal data:
- for promoting, marketing and advertising NaturTint’s products and services;
- for statistical and demographic analysis, in order to understand the behaviour, activities, preferences and needs of NaturTint’s customers;
- for improving the Website, to improve existing products and services and to develop new products and services;
- to protect NaturTint’s brand, reputation and goodwill in the marketplace, by taking appropriate legal action against third parties who have infringed NaturTint’s rights or otherwise are in breach of their legal obligations owed to Kadac;
- to effectively and efficiently handle and resolve any legal claims or regulatory enforcement proceedings taken against Kadac;
- to generally operate the Website and for internal business operations; and
- to monitor and to record telephone calls for training purposes.
Additionally, Kadac may also use your personal data for complying with its legal obligations and to enforce its legal rights (including in relation to an actual or suspected breach of the Website’s Terms of Use).
Marketing communications
Where you have consented to receive marketing communications directly from NaturTint, then you agree that Kadac may use your information to contact you by your selected method of communication regarding new products, competitions, events, items or related activities which Kadac anticipates you may find useful, together with communications regarding similar products and services offered by NaturTint. Kada does not sell, trade or rent your personal data to other companies or partners.
You may always revoke that consent at any time by exercising the “unsubscribe” option in any marketing communications which you receive from us.
To whom Kadac discloses your personal data
Generally, Kadac will use its reasonable endeavours to disclose de-identified information to third parties. However, Kadac may disclose personal data it collects to third parties. Such disclosures will occur only on an as-needs basis and only in order to facilitate the fulfilment of one or more of the reasons for which your personal data is being processed.
Subject to the foregoing, Kadac may disclose your personal information to the categories of recipients outlined in NaturTint’s privacy policy.
You agree that if Kadac transfers ownership or management of the Website or of NaturTint’s business and/or assets to a third party in the event that NaturTint sells, trades or licenses any part of its business or assets, then Kadac may also transfer your personal data or other personal data you provided to NaturTint as part of those assets. This includes, but is not limited to, all sensitive personal data and any other information about you.
How long does Kadac keep hold of personal data
Kadac keeps your personal data for as long as it is reasonably necessary to meet the relevant purposes for which Kadac collected your personal data, including for the purpose of satisfying any legal, accounting or reporting requirements.
To determine the appropriate length of time for holding your personal data, Kadac takes into account the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use and/or disclosure of your personal data, the purpose(s) for Kadac processes your personal data and whether Kadac can achieve those purposes through other means, together with legal requirements imposed on Kadac.
As a general rule, Kadac generally retains personal data relating to products purchased from the Website for up to seven years following the transaction.
Is personal data transferred outside the European Union?
As Kadac is located in Australia, all personal data collected from you will be collected and held in Australia.
Kadac has implemented appropriate safeguards in connection with the protection of personal data transferred from the European Union into Australia, into Kadac’s control. Melrose will use its best endeavours to ensure that any third party recipient located outside the European Union will take steps to safeguard the personal data transferred or disclosed by Kadac to the recipient.
Further cross-border transfer or disclosure of your personal data will only occur as envisaged in NaturTint’s general privacy policy.
Security of personal data
In accordance with NaturTint’s Terms of Use for the Website, you acknowledge and agree that:
- to the maximum extent permitted by law, Kadac makes no representation or warranty, nor give any guarantee to you that your access to the Website and/or to the content accessible on the Website will be secure, uninterrupted or error free; and
- data transmission over the internet can be completely secure and, to the maximum extent permitted by law, Kadac cannot give an absolute assurance or guarantee that the information you provide to NaturTint will be secure at all times.
Kadac takes reasonable steps to protect the personal data NaturTint holds from misuse and loss, and from unauthorised access, modification or disclosure. To prevent unauthorised access, to maintain accuracy, and to ensure proper use of personal information, Kadac has deployed physical, electronic and managerial processes to safeguard and to secure the personal data collected.
Use of cookies and links to third party websites
Please refer to NaturTint’s privacy policy with respect to NaturTint’s use of “cookies” and in relation to links from the Website to websites operated by third parties.
Your rights in respect of your personal data
Under certain circumstances, you have rights under the GDPR and the Privacy Act 1988(Cth) in relation to the personal data that Kadac holds about you. You can request to:
- access information held about you, subject to Kadac verifying your identity and subject to Melrose’s right to charge you a reasonable administrative fee to cover Kadac’s costs incurred in relation to any repetitive, manifestly unfounded or excessive requests for access – where Kadac refuses your request to exercise this right, Kadac will give you reasons for its refusal and to outline the process by which you can complain about Kadac’s refusal;
- rectify any incorrect or incomplete data that Kadac holds about you, subject to Kadac verifying your identity;
- delete, restrict or remove personal data Kadac holds about you, subject to the relevant provisions in the GDPR;
- transfer any personal data that Kadac holds about you to another party, subject to the relevant provisions in the GDPR; and
- object to any further processing of your personal data, subject to the relevant provisions in the GDPR.
You can make all such requests to: Attention: Kadac Customer Service 151-155 Woodlands Drive, Braeside, VIC Australia 3195 OR email: customerservice@kadac.com.au
Please note that in respect of all these rights, Kadac reserves the right to refuse your request based on the exemptions set out in the GDPR.
Updates to this supplement
Kadac may from time to time change or replace this supplement and Kadac will post the modified, amended or new supplement to the Website in place of the superseded supplement. Kadac recommends that you regularly check the Website to ensure that you are aware of the current version of NaturTint’s privacy policy and this supplement.
