1. ACCEPTANCE OF TERMS

1.1       We are Pop up finds (ABN 94427782728) we own and operate this website (“Site”) at www.popupfinds.com and Pop up finds.

1.2       Your use of this Site is subject to these Terms of Use. By using the Site, you are deemed to have accepted and agree to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

2. ABILITY TO ACCEPT TERMS OF USE

2.1       You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

3. SITE ACCESS

3.1       You are responsible for all access to the Site using your internet connection, even if the access is by another person.

3.2       We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Site.

4. ACCESS TO SITE OUTSIDE OF Australia

4.1       We make no promise that the materials on the Site are appropriate or available for use in locations outside Australia. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

5. YOUR USE OF THE SITE

5.1      Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

5.1.1     Use the Site for any fraudulent or unlawful purpose;

5.1.2     Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

5.1.3     Impersonate any person or entity, false state or otherwise misrepresent your affliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;

5.1.4     Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;

5.1.5     Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

5.1.6     Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

5.1.7     Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

5.1.8     Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;

5.1.9     Frame or mirror any part of the Site without our express prior written consent;

5.1.10   Create a database by systematically downloading and storing Site content;

5.1.11   Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

5.2       We reserve the right to revoke these exceptions either generally or in specific instances.

6. THIRD PARTY WEBSITES

6.1       The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

6.2          You may create a link to this Site, provided that:

6.2.1      The link is fair and legal and is not presented in a way that is:

           (a) Misleading or could suggest any type of association, approval or endorsement by us that does not exist,

or

(b)      Harmful to our reputation or the reputation of any of our affiliates;

6.2.2     You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.

6.3       We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.

7. INTELLECTUAL PROPERTY

7.1       The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission

8. LIMITATION OF LIABILITY

8.1          We provide the Site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

8.1.1     All conditions, warranties and other terms that might otherwise by implied by law into these Terms of Use; and

8.1.2     Any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

8.2       The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Australian law or statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

9. COLLECTION OF PERSONAL INFORMATION

9.1       We may collect and use information about you in accordance with our privacy policy.

10. DURATION OF TERMS

10.1      These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

11. GOVERNING LAW

11.1       These Terms of Use will be governed by and construed in accordance with the laws of Australia, and the courts of Australia will have non-exclusive

Our Privacy Policy

This Privacy Policy governs the collection, storage, use and dissemination by us of any Personal Information (as defined in the Privacy Act 1988 (Cth) (the Privacy Act) that you provide to Pop up finds. We are bound by Australian privacy laws and the Australian Privacy Principles, which are contained in Schedule 1 of the Privacy Act.

Consent

By your use of the Pop up finds platform you consent to the collection, storage, use and dissemination of your Personal Information in accordance with this Privacy Policy and as otherwise permitted by the Privacy Act.

Personal Information

We collect Personal Information from you including names, e-mail addresses, mobile telephone numbers, physical addresses, information regarding your activity on the Platform.

Access 

The Personal Information we collect from you enables us to operate the website. If you do not provide us with this Personal Information, we may not be able to provide you with full access to the website, and/or supply you with the goods available on the website.

Prohibitions on Personal Information Usage

We will keep all Personal Information we receive from you confidential and will not sell or knowingly divulge such Personal Information to any third parties, unless:

·                  (a)  we are required to share your Personal Information with a third party in order to comply with the law or to comply with a court order or subpoena;

·                  (b) we receive a claim from a third party that you have breached any law;

·                  (c) we are required to provide it to our Related Entities;

·                  (d) it is necessary to provide it to our third party service providers and contractors to offer you a service; or

·                  (e) it is necessary to protect the safety and security of you, our website

Personal Information Usage

The Personal Information collected by us will be used for providing you with information and for the provisions of the services and/or goods that we provide. We use the Personal Information collected to provide our services and/or goods to you in the following ways:

·                  to enable us to verify your identity;

·                  to enable us to send you notifications regarding our services 

·                  to enable us to provide you with personalised content;

·                  to enable us to respond to any comments, questions or requests from you; and/or

·                  to enable us to carry out any other purpose for which the information was collected.

Keeping Personal Information Secure

We strive to ensure the security, integrity and privacy of your Personal Information and will use all reasonable endeavours to keep your Personal Information in a secure environment. However, such security cannot be guaranteed due to the nature of the internet. These measures are designed to assist in Personal Information not being accessed by unauthorised personnel, lost or misused. If you reasonably believe that there has been an unauthorised use or disclosure of your Personal Information please contact us HERE

Cookies 

Cookies are pieces of information that the Website transfers to your computer’s memory or hard disk, for record-keeping. We use cookies only to the limited extent of recognising you when you use the Platform, to track usage patterns and deliver customised content to you. However, this information is not linked to any Personal Information that you may provide and cannot be used to identify you. If you do not want information collected through Cookies, most internet browsers allow you to deny or accept Cookies.

Changes to Privacy Policy

If our policy on information collection or usage changes, we will update this Privacy Policy accordingly. We reserve the right to change this Privacy Policy at any time without notice to you.


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