1. These Terms and Conditions (Terms) and the privacy policy located at https://customercollective.insightiq.com.au/TermsConditions?document=PrivacyPolicy (Privacy Policy) govern your use of the community located at customercollective.insightiq.com.au (Community). Kmart Australia Limited (ACN 004 700 485) ( Kmart) has appointed T Garage – Strategy and Research Pty Limited (ACN 613 775 143) (referred to as we, our and us in these Terms) to manage and operate the Community.
2. As a condition of use of the Community, you must have read, understood and agreed to these Terms by your use or registration at customercollective.insightiq.com.au . By using the Community, you must also agree to follow and be bound by the Privacy Policy.
3. If you do not agree to these Terms and Privacy Policy, do not access or use the Community.
4. You must be over the age of 18 years in order to register and participate. If you are under the age of 18 years, you will not be allowed to be part of the Community.
5. Registration is only open to NSW, ACT, VIC, WA, TAS, SA, NT and QLD residents.
6. Employees (and their immediate families) of us or Kmart and agencies associated with this Community are not permitted to register.
7. The Community is owned by Kmart. We own all right, title and interest (including intellectual property rights (IP)) in the platform on which the Community is hosted (Platform).
8. You must agree to only use the Community for purposes outlined in these Terms.
9. You acknowledge your use of the Community is pursuant to a personal, non-transferable and non-exclusive right and limited licence from us only to use the information, data, text, software illustrations, photos, audio, video, or other content (excluding trademarks) published on the Community as a member of the Community and to post comments, ideas, participate in surveys, join online discussions or provide any other content to the Community.
10. You agree to use the Community only for your non-commercial and personal use.
11. You are not permitted to reproduce, copy, sell, trade, re-sell or exploit the Community or any content published on the Community for any commercial purposes.
12. You are not permitted to use the trademarks on the Community for any purpose whatsoever.
13. All content (including trademarks) on the Community is the exclusive property of us and Kmart and protected by law.
14. You will not copy, archive, distribute, republish, upload, post or transmit the content contained on the Community without the prior written consent of us or Kmart (which may be withheld by us or Kmart in our absolute discretion).
15. You may not include a link to the Community or display the contents of the Community surrounded or framed or otherwise juxtaposed or associated with other content in any manner without our and Kmart’s prior written consent.
16. You are personally responsible for all the Content you upload, post, email and submit to the Community.
17. ‘Content’ is defined as any information you share on the Community that will include the following:
18. You warrant and agree that you are prohibited from using the Community directly and indirectly:
19. You are prohibited from:
20. By contributing, you are granting us, Kmart, its affiliates and third-party vendors a worldwide, royalty-free, non-exclusive perpetual, fully paid up, irrevocable licence to use, distribute, reproduce, publish, translate, modify and adapt your contributions.
21. Your contributions hereafter become Kmart’s IP.
22. Occasionally we or Kmart may use your content in marketing activities, such as catalogues, magazines, social media (e.g. Facebook, Instagram), online video, or the Kmart website. This content may include your verbatim quotes, opinions, votes or survey results. All content used in marketing activities will be deidentified, and you will remain anonymous.
23. You represent and warrant that you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
24. We and Kmart reserve the right to:
25. From time to time you may have the opportunity to participate in activities (such as surveys, polls, research, focus discussion groups, online forums, chat sessions, promotions, competitions, games, incentives and marketing activities, and sampling, consuming and using products) ( Activities), some of which may include the opportunity to receive rewards (such as product samples, gift cards, vouchers, awards, rewards or prizes)(Rewards). All Activities and Rewards are established, managed, operated and supplied by us. Some Activities will be open to all Community members, while others will be open to members who are selected using criteria determined in the absolute discretion of us or Kmart. The purpose of the Activities is to generate discussion, feedback and opinion in relation to products and other matters of interest or relevance to us and Kmart.
26. Some Activities will be subject to activity terms ( Activity Terms), which will be notified to you at the commencement of an Activity. Activity Terms may specify:
27. If you choose to participate in an Activity, you do so in accordance with these Terms (including any Activity Terms).
28. You consent to the receipt of any Reward to which you may become entitled through your participation in an Activity on the following terms:
29. We or Kmart may, in our absolute discretion:
30. We and Kmart also reserve all rights to modify or discontinue temporarily or permanently the Community or any part thereof (with or without notice). You agree that we and Kmart will not be liable to you or to any third party for such modification suspension or discontinuance of the Community.
31. We and Kmart will not be responsible for any malfunction, delay, or traffic congestion on any telephone network or line, computer on line system, servers or providers, computer equipment software or website.
32. The Community may contain links to other websites; such links do not infer endorsement by us or Kmart. You acknowledge that we and Kmart do not have control over other websites or the content of other websites. Any queries with regards to these external websites must be directed to the owner and operator of the other websites.
33. We and Kmart do not control the Content posted to the Community and do not guarantee the accuracy, quality or integrity of such Content. You may be exposed to Content which is objectionable indecent or offensive and you acknowledge we and Kmart are not liable in any way.
34. Notwithstanding anything contained in these Terms you agree that we and Kmart reserve the right to cancel, limit, and/or disable your membership from the Community without notice if:
35. Following the termination, you will be restricted from accessing the Community. You agree that upon termination, we and Kmart shall not be liable to you or any third party for any termination and access to the Community.
36. You may unsubscribe your access to the Community though either:
37. To the maximum extent permitted by law, you agree to indemnify and hold us and Kmart and our and Kmart’s subsidiaries, affiliates, officers, agents, employees, partners, representatives, third party providers and licensors harmless from any damage, loss, or expense, claim or demand to the extent caused by your breach of these Terms.
38. You expressly understand and agree that:
39. This is a collection notice by us and our related bodies corporate under APP5 of the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of our Privacy Policy is located at www.tgarage.com.au.
Who is collecting your personal information? |
T Garage – Strategy and Research Pty Limited (ACN 613 775 143) and its Related Bodies Corporate, including InsightIQ Pty Limited (ACN 613 778 788) and InsightIQ Technologies Pty Limited (ACN 144 524 452) Level 1, 232 Clarendon St, South Melbourne, South Melbourne, Victoria, 3205, Australia Email: privacy@tgarage.com.au |
Have we collected your personal information from someone else? |
Yes, although we sometimes collect personal information from you directly, we may also have obtained your personal information from Kmart or third party data broker. |
The purposes for which we collect your personal information |
We collect, hold, use and disclose your personal information to:
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Consequences if your personal information is not collected |
You will not be able to join or participate in our communities. We may not be able to provide you with the products or services you require or an appropriate level of service. |
Third parties to whom we usually disclose your personal information |
Specific examples of third parties to whom we may disclose personal information include:
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Access and correction |
The Privacy Policy contains information about how you can access your personal information held by us and seek correction of that information. |
Complaints |
The Privacy Policy contains information about how you can complain about a breach of the Australian Privacy Principles and how we will deal with your complaint. |
40. Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, we and Kmart (including our and Kmart’s respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way from the Community or the operation of the Community.
41. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, we and Kmart (including our and Kmart’s respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the control of us or Kmart); (b) any theft, unauthorised access or third party interference; (c) any submission of content by you that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us or Kmart) due to any reason beyond the reasonable control of us or Kmart.
42. These Terms are governed by and construed in accordance with the law in force in Victoria. The parties submit to the non-exclusive jurisdiction of the court-exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts for any proceedings connected with these Terms.
43. You agree that we may make changes to these Terms at any time. These changes will become effective once published on this Community and communicated directly to you. By continuing to use the Community, you agree to accept and be bound by these modifications.
44. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms.
45. We hold the benefit of these Terms for ourselves and on trust for Kmart and the licensor of the Platform.