Welcome to the website of Her Black Book Pty (ABN 26 646 601 407) ("we", "us" or the "Company"). We offer cashback rewards, discounts, and promotions (amongst other things) to you for purchases made through our website or mobile application from our merchant partners. This website is located on the web via the domain https://www.herblackbook.com.au and includes all of the files located in that domain ("this site").
This Agreement constitutes a legally binding agreement between each individual who uses the Services or who maintains an account with us. By using any of the Services or maintaining an account with us, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms.
We may modify this Agreement from time to time, with or without notice, and your continued use of any of the Services or continued maintenance of an account with us shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Important Notice for App Users
- If you do not agree to the terms of this User Agreement, we will not licence the App to you and you must stop the downloading the App immediately.
- The terms of this User Agreement apply to the App or any of the services accessible through the App (Services), including any updates to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or the Services, the terms of an open-source licence may override some of the terms of this User Agreement (as the case may be).
- We may change these terms at any time for any reason. In the event of such change, we will notify you by email with details of the change or notifying you of a change when you next access the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services and the App.
- From time-to-time updates to the App may be issued through the App Store or Play Store. Depending on the update, you may not be able to use the App until you have updated the App to the latest version and accepted any new terms (if applicable).
- You are, or have obtained permission from, the owner of the devices that the App has been downloaded on to from the App Store (Devices). You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this User Agreement for the use of the App and any Service on or in relation to any Device, whether or not owned by you.
- The App may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the App on the Device.
- By using this App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- The App may contain links to other independent third-party websites (Third-party Sites). You acknowledge and agree that the Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
- By using the App, you consent to us:
- collecting and using technical information about the Devices, for the purposes of improving our Services, and providing any services to you; and
- monitoring your conduct while using the App and collecting information associated with your conduct to be used by us in relation to the App.
Grant and Scope of Licence
- You may download a copy of the App from the App Store, and use the App on the Devices for your own personal, non-commercial purposes only, and strictly in accordance with the rules and policies of the App Store (whether from the Apple App Store or the Google Play Store).
Without Prejudice to any of the Company’s other rights under this User Agreement, you undertake and agree, except as expressly set out under this User Agreement or as permitted by any local law:
(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App;
(e) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Restrictions on use
Your use of this site and our mobile application is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
- the Company is unable to verify or authenticate any information that you provide to us; or
- the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
On Termination For Any Reason:
- all rights granted to you under this Agreement shall immediately cease;
- you will no longer be granted access to this site and or App;
- your Licence will be immediately revoked; and
- your accrued cashback, rewards, discounts, promotions, or any other goods or services which we and or any third party offered to you in relation to your use of the website and or App, will expire.
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this site;
- your use of, or connection to, this site; or
Registration and account security
Requirement for registration
The Company reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
- a valid email address;
- accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
- any other information that may be required by the Company during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.
Approval of registrations
The Company reserves the right to accept or reject any application for registration of an account with this site at its discretion.
You must create and maintain your account with us in order to start earning cashback, rewards, promotions, or other incentives. Crediting of the above is also subject to the various terms, conditions, and requirements (whether express or implied), associated with the crediting of cashback in general or terms, condition and requirements associated with the individual promotions that would be applicable. These terms, conditions and requirements include but are not limited to:
- Requiring the user to have cookies enabled throughout when accessing the Company’s Platforms and subsequently the merchant partner’s website;
- Not opening a separate tab or browser while accessing the Company’s Platforms and subsequently the merchant partner’s website
- Ensuring that after being redirected to the merchant partner’s website, the user completes the transaction before proceeding to any other website
- Completing the purchase on the merchant’s website within a given period of time.
- Not engaging in any fraudulent or dishonest conduct and/or abiding by the terms of this Agreement or any other terms and conditions stipulated by the Company or the applicable merchant partner;
Additionally, certain purchases may be excluded from cashback. In general, cashback is earned on net purchase amount excluding shipping and handling. However, cashback amounts and exclusions vary from merchant partner to merchant partner and individual promotions may contain specific exclusions. Please review these terms carefully. These exclusions are subject to change without notice, and we hereby disclaim any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. Some examples of typical exclusions include (but are not limited to):
- Cashback not being eligible when purchasing promotional items or using other discount codes, coupons or other promotions;
- Cashback only being eligible when the transaction is completed using specified payment methods; and
- Different tiers of eligible cashback for different users (e.g. different tiers of cashback for new users and existing users).
It is your sole responsibility to check your account to ensure any promotions, discounts, rewards, credits, cashback has been properly credited and that your account balance is up to date.
You must notify us of any omissions, incorrect information, incorrect entries, overpayments, underpayments, anomalies, or discrepancies concerning any transaction within 30 days after a transaction, order, purchase or otherwise.
We reserve the right to not correct any omissions, incorrect information, incorrect entries, overpayments, underpayments, anomalies, or discrepancies brought to our attention outside of this 30-day period (“notice period”).
You agree to waive all your rights and hold us harmless (without limiting our other rights in respect of limitations of liability and indemnities under this Agreement) in the event that you notify us outside of the notice period, or where we exercise our discretion to not correct any omissions, incorrect information, incorrect entries, overpayments, underpayments, anomalies, or discrepancies.
You may redeem your cashback, rewards, offers, discounts, promotions, at any time subject to the terms and conditions of this Agreement or the specific conditions that relate to the individual entries in your account. In relation to cashback, you must have accumulated cashback relating to a dollar value more than or equal to the minimum redemption amount indicated and communicated from time to time.
In order to redeem your cashback, you must not be in breach of any terms of this Agreement either now, or in the time before redemption, you must maintain an active account and provide the minimum relevant information required to process the redemption, (e.g. a valid bank account number or a Paypal account) and maintain a minimum PayPal balance of $10.01 (“minimum balance”).
Nature of Cashback
Your account with us does not entitle you to any proprietary rights over any money, assets, held by us when you earn cashback in your account. For the avoidance of doubt, accrued cashback and rewards do not constitute, and are not intended to be, monies or property held on trust by us for your benefit. Your rights and entitlements are limited solely to such personal and contractual rights of repayment as may arise out of this Agreement.
We incur costs in maintaining and providing our Service, including our App and the Site to you. Where your account has been inactive for more than six (6) months (where no successful transactions are made via our website or App), any accumulated benefit, cashback, promotion, discount, reward, or otherwise, shall expire. Without prejudice to any of our other rights under this agreement, we may also terminate your account if we are required to do so by law, any regulation or court order.
Order constitutes offer
We will not commence processing any order made through this site unless and until:
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time:
- refuse to provide products or services to you;
- terminate your access to this site; and/or
- remove or edit any content on this site.
Acceptance of orders
Acceptance of each order will take place if and when the Company:
- in the case of physical items, sends the requested items to you, at the time at which the items are despatched by the Company, and title to, and risk in, the items will pass from the Company to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place;
- in the case of digital items, either:
- sends the requested items to you, at the time at which the items are sent by the Company; or
- notifies you in writing that the requested items are available for download by you, at the time at which such notification is sent by the Company,
and title to, and risk in, the items will pass from the Company to you at that time; or
- in the case of services, either:
- provides the services to you, at the time at which the Company commences providing the services; or
- notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.
The Company reserves the right to change the prices for products/services displayed in this site at any time before you place an order.
Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made by credit card (Visa or MasterCard only) processed online using a secure third party payment gateway.
Third party payment gateways
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).
Credit and debit card payments
Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
Refunds and other remedies
While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.
The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
Dealings with third parties
Content supplied by third parties
This site includes an online portal that allows third parties to advertise goods and/or services for sale to our users through this site and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
- any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
- any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
- any loss or damage that results from any dealings that you may have with such third parties.
Third party goods/services and websites
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).
These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
Any products or services purchased from any third party, whether through our website or App or otherwise, is governed by and subject to the applicable merchant partner’s policies and terms and conditions, including but not limited to the applicable return, cancelation, exchange, and shipping policies.
You agree that we are not agents of any merchant partner and that the merchant partner operates independently and not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any merchant partner is solely between you and that merchant partner.
We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. The Company is not responsible for changes to, or discontinuance of any merchant partner from any of our platforms or the termination of any promotion offered by any merchant partner on any of our platforms, or for any effect on accrual of cashback caused by such changes, discontinuance, or withdrawal.
You acknowledge that the Company does not:
- check the truth or currency of any of the material or information that third parties provide or make available through this site;
- control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this site or whose identities become known to you through this site, including suppliers of content that is published or made available in or through this site;
- offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
- endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Company to you or otherwise become known to you through this site.
Role of the Company
The relevant supplier, and not the Company, is:
- the supplier of the goods and/or services that you offer to purchase; and
- solely responsible for supplying you with those goods and/or services and for those goods/services themselves.
We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the goods and/or services that you offer to purchase through this site, or that those goods/services will meet your expectations.
You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this site and any goods or services supplied, offered or recommended by or on behalf of a supplier.
Supplier’s terms and conditions
Acceptance of an order creates a contract between you and the relevant supplier in respect of the provision of the goods and/or services that are the subject of that order. The Company is not a party to that contract. That contract will be subject to relevant supplier’s own terms and conditions of supply. You will be responsible for investigating and reviewing the supplier’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to placing any order through this site.
Refunds from suppliers
As between you and the Company, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any supplier upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant supplier is solely responsible for providing you with that refund. The Company does not guarantee the provision of that refund to you and you must take action against the supplier directly, and not against the Company, in order to enforce your entitlement to that refund.
Disputes between users and suppliers
You are solely responsible for your interactions with suppliers listed on this site and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.
If you believe that any supplier from which you have purchased any goods or services through this site has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.
- this site;
- all of its content (including all of the text, promotions, discount codes, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by the Company in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
The Company’s logo and the phrase "Her Black Book" are trademarks of the Company. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
- represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
- in the case of goods, to any of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- the singular includes the plural and vice-versa;
- a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Each party warrants, undertakes and represents to the other party that it has the necessary power and authority to execute, deliver and perform this Agreement and to become bound by it and that all necessary corporate action has been taken to authorise the execution of this Agreement.
Governing law and jurisdiction
- – Prohibited conduct
YOU MUST NOT:
- use any device, routine or software that overburdens, disables, impairs, compromises, interferes, or attempt to interfere, with the proper working of this site and App;
- infringe Our Intellectual Property Rights or those of any third party in relation to your use of the App or any Service
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- Engage in bulk referrals, distribution to strangers, or any other promotion of a our website, App, or Service in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in our sole discretion is expressly prohibited and may be grounds for immediate termination of your access to our website and or App. We have a no-tolerance spam policy.
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company's prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Company or any of its staff into disrepute.
Her Black Book Pty (ABN 26 646 601 407) ("we", "us" or the "Company") is committed to privacy protection. At https://www.herblackbook.com.au ("this site" or “Website”), we understand the importance of keeping personal information private and secure.
We care about your privacy:
We will never rent, trade or sell your email address to anyone.
We will never publicly display your email address or other personal details that identify you.
(a) App means the retail shopping application provided by Her Black Book, known as “Her Black Book”;
(b) Services means the services provided by us to you on the App and/or Website;
(c) You and your refers to anyone who visits and/or uses the App and/or Website and/or is provided access to the Services.
The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
What is "personal information"?
Personal information held by the Company may include your:
- name and date of birth;
- residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
- bank account and/or credit card details for agreed billing purposes;
- any information that you provided to us by you during your account creation process or added to your user profile;
- preferences and password for using this site and your computer and connection information; and
- any information that you otherwise share with us (including but not limited to your personal interests, favourite brands and non-identifying information such as your device type, operation system versions, mobile application operations versions, device operating systems).
Information provided to payment gateway providers
All purchases that are made through this site are processed securely and externally by one or more third party payment gateway providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing/postal address).
How we may collect your personal information
At this site, we only collect personal information that is necessary for us to conduct our business as is a leading online retailer of women's products and services.
Information that you provide to us
We may collect personal information that you provide to us about yourself when you:
- use this site, including (without limitation) when you:
- create a user account on our mobile application or website;
- contact us with an enquiry or complaint in relation to our services;
- add information to your user profile;
- purchase any products and/or services through this site or any third-party;
- add reviews, comments, access any forum or chat room messages or comments in any elements of this site that permit user-generated content;
- register for access to premium content or request certain premium features; or
- complete an online contact form to contact us or any third party supplier;
- provide information to us by telephone or through marketing or competition application forms; or
- send us an email or other communication.
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.
Collection of Anonymous Information
In order to measure the success of our online advertising we may use pixels, or transparent GIF files, to establish which of our online adverts successfully bring people to our App or Website. The GIF files are provided by third parties who provide us with online advertising analysis. This system places a cookie on your browser when you enter our App or Website via online advertisements allowing us to see which online advertisements bring us the most visitors to our App or Website. Most web browsers automatically accept cookies but you can change your browser to reject them. It is still possible to access our App or Website without having cookies enabled.
The information collected on our behalf is anonymous and does not personally identify you, which, for statistical purposes includes:
• your server address;
• your top level domain name (e.g. .com, .gov, .au, etc.)
• the date, time and length of your visit to the App or Website;
• the pages you accessed;
• the previous website you visited;
• the type of browser you are using; and
• the protocol version used (e.g. HTTP, FTP)
This site uses "cookies" to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the "Cookies" folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
- remember your preferences for using this site;
- manage the signup process when you create an account with us;
- recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;
- facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
- show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
- remember details of data that you choose to submit to us (eg, through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).
Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.
Third party cookies
In some cases, third parties may place cookies through this site. For example:
How we may use your personal information
Your personal information may be used in order to:
- verify your identity;
- assist you to place orders through this site;
- process any purchases of products and/or services that you may make through this site, including charging, billing and collecting debts and shipment of products to you;
- make changes to your account;
- respond to any queries or feedback that you may have;
- conduct appropriate checks for credit-worthiness and for fraud;
- prevent and detect any misuse of, or fraudulent activities involving, this site;
- conduct research and development in respect of our products and/or services;
- gain an understanding of your information and communication needs or obtain your feedback or views about our products and/or services in order for us to improve them; and/or
- maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,
and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.
From time to time we may email our customers with news, information and offers relating to our own products/services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.
When we may disclose your personal information
Information provided to suppliers
When you acquire or access any other goods or services from a third party supplier through this site, we will provide to that supplier such information as is necessary to enable it to process and administer your order. Such information will include personal information about you, including (without limitation) your name and contact details.
Information provided to other organisations
In order to deliver the products/services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company.
Your personal information may be disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
- customer enquiries;
- mailing systems;
- billing and debt-recovery functions;
- information technology services;
- marketing, telemarketing and sales services;
- market research; and
- website usage analysis.
In addition, we may disclose your personal information to:
- your authorised representatives or legal advisers (when requested by you to do so);
- credit-reporting and fraud-checking agencies;
- credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
- our employees, related bodies corporate, contractors or service providers for the purposes of operating our App or Website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, suppliers and manufacturers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, archivists and professional advisors such as accountants, solicitors, business advisors and consultants
- government and regulatory authorities and other organisations, as required or authorised by law;
- organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
- the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
We may combine or share any information that we collect from you with information collected by any of our related bodies corporate. We are not responsible for the privacy policies of any third party, and we accept no liability on behalf of any third party. Third parties are responsible for informing you about their own privacy practices
Contacting us about privacy
If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to firstname.lastname@example.org or by post.
Access to your personal information
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
- be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
- have an unreasonable impact on another person’s privacy; or
- prejudice an investigation of unlawful activity.
We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.
If we refuse to give you access, we will provide you with reasons for our refusal.
Correcting your personal information
We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
Storage and security of your personal information
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
Although we take reasonable steps to maintain the security of our Internet connections, for reasons outside of our control, information transmitted to us over the Internet may not be absolutely secure. The Company assumes no responsibility for disclosure of data due to errors in transmission.
If we become aware that any of your personal information has been accessed by an unauthorised party (Data Breach), we will notify you of the Data Breach within 72 hours of us becoming aware of such breach.
Destruction of Information
If the personal information we collect is no longer needed for any purposes and we are not required by law to retain it, we have procedures in place to ensure that any document or record containing your personal or health information is disposed of in a manner that preserves your privacy. We will immediately remove your personal information from its database if requested by you.
Third party websites
We take precautions to protect your personal information collected through the Website and the App but in the event that our system is infiltrated by unauthorised third parties, we will not be liable for any resulting misuse of personal information.
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt out of receiving marketing communications from us by contacting us (see contact details below) or by using opt out facilities provided in the marketing communications, and we will then ensure that your name is removed from our mailing list.
Please note that by opting out of receiving marketing communications, you may still receive communications from us (such as invoices and notices) in relation to the products and services you have purchased from us.
Disclosure to Overseas Recipients
We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information
The Company welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. Although we do not operate an establishment within the EU and do not target any offering of services towards customers/clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
- you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
- you may also have a right to:
- have that information rectified or deleted;
- restrict our processing of that information;
- stop unauthorised transfers of your personal information to a third party;
- in some circumstances, have that information transferred to another organisation; and
- lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
- where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
- such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other customers/clients subject to appropriate confidentiality protections; and
- even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
- to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
- in exercising and defending our legal rights and meeting our legal and regulatory obligations.
Storage and processing by third parties
Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our customers/clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.
The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.
Duration of retention of your data
We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask us to delete your data.
Keeping your information up-to-date
To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer by email at email@example.com or by post.
Inability to Collect Personal Information
If you do not provide us with the personal information described above (see Collection of Personal Information), some or all of the following may happen:
- we may not be able to provide the requested products or Services to you, either to the same standard as if we did have access to personal information, or at all;
- we may not be able to process any third party discounts or benefits;
- we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
- we may be unable to tailor the content of our App or Website to your preferences and your experience of our App or Website may not be as enjoyable or useful.
If you believe that your privacy has been breached, please contact us immediately using the contact information below and provide details of the incident so that we can investigate it.
We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint and undertake our own thorough investigation into such breach.
We will attempt to confirm as appropriate and necessary with you, your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will investigate your complaint and advise you of the outcome of our investigations in writing.
If you feel we have failed to deal with your complaint in a satisfactory manner, you can make a complaint about the handling of your personal information by us or our App to the Office of the Australian Information Commissioner (Australia) (https://www.oaic.gov.au), or if you are based in the EU, the relevant Data Protection Authority of your country, as accessible by contacting the European Commission (https://www.ec.europa.eu).
Her Black Book Pty Ltd
Address: 9 Anster Street, Adelaide SA 5000
* * * *
If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- A product or good has a major failure when:
- it has a problem that would have stopped someone from buying it if they’d known about it;
- it is significantly different from the sample or description;
- it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time;
- it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
- it is unsafe.
Importantly, the rights described in this policy are in addition to the statutory rights to which you may be entitled under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations.
Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights.
Refunds will not be available in any circumstances. If you are not satisfied with any item that you receive from us, you may be entitled to return that item to us in accordance with the below.
Replacement or credit as remedy
If you are not satisfied with any item that you receive from us, please let us know as soon as possible as we may be able to replace the item for you. In some circumstances, we may provide a credit instead of replacement at our discretion.
What you must return to us
To receive a replacement or credit, you must first return the item to us along with its original packaging.
Returning items within the first 5 Business Days
If we receive the returned item, or written notice from you that you will be returning the item, within the first 5 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item, if considered appropriate by us) to ascertain whether or not the Company is at fault and:
- (Company at fault) if we consider that the Company is at fault, we will provide a full replacement of the returned item (or a credit at our discretion); or
- (Company not at fault) if we consider that the Company is not at fault, then:
- if the item has been returned in its original condition, we will provide a full replacement of the returned item (or a credit at our discretion); or
- if the item has been returned broken, damaged, tarnished or worn, we will not provide any replacement or credit.
Returning items after the first 5 Business Days
If we do not receive the returned item, or written notice from you that you will be returning the item, within the first 5 Business Days after the earlier of the date of purchase and the date of delivery to you, then we will assess the circumstances (including analysing the returned item if considered appropriate by us) to ascertain whether or not the Company is at fault and:
- (Company at fault) if we consider that the Company is at fault, we will provide a full replacement of the returned item (or a credit at our discretion); or
- (Company not at fault) if we consider that the Company is not at fault, then no replacement or credit will be provided. The Company may, however, choose to provide a replacement or credit in some cases at its discretion.
In this returns policy, "Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in Adelaide, South Australia are open for business.
In all cases, you must pay the costs involved in shipping the returned product back to the Company. If we consider that the Company is not at fault, then no reimbursement in respect of those shipping costs will be provided. If we consider that the Company is at fault, then we will reimburse you for your reasonable shipping costs incurred in returning the product to us.