1.The materials displayed on this website, including without limitation all editorial
materials, information, photographs, illustrations, artwork and other graphic
materials, and names, logos and trademarks, are unless otherwise stated, the property
of Fruitziyama Pty Ltd ("Fruitziyama") and are protected by copyright, trade mark and other
applicable intellectual property laws. Any such content may be displayed and printed
solely for your personal, non-commercial use within your organisation only. It is a
condition of using this website that you agree not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate any such material to any third party
without the express prior written consent of Fruitziyama.
Save for when Fruitziyama has provided its express consent as referred to above, Fruitziyama does not grant any license or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the website or in
the user interface of the website.
2. It is a condition of using this website that you acknowledge and accept that the
information contained on this website (the website information) may include technical
and factual inaccuracies and should in no way be deemed as professional advice. You
acknowledge and accept that the website information is subject to change at any time
and may not necessarily be up to date or accurate at the time you view it. You should
enquire with us directly to ensure the accuracy and currency of the material you seek
to rely upon.
Fruitziyama does not warrant or make any representation regarding the use, or the
result of using, any products referred to on this site in terms of their correctness,
accuracy, reliability or otherwise.
3. To the extent permitted by law Fruitziyama disclaims all warranties with regard to
the information and applications contained on the website and your use of the website.
In no event shall Fruitziyama, its contractors, agents, franchisees or employees be liable
for any damages whatsoever (including special, indirect or consequential) arising out
of or in connection with the use or performance of the website whether in contract,
at common law or in equity, or on any other basis. These Terms and Conditions do not
exclude warranties or conditions which Fruitziyama cannot, by law, exclude. These Terms
and Conditions do not exclude any liability which any law requires Fruitziyama to accept.
4. If you wish to establish a link to this website you must, in the first instance, use
the Contact Us Link at the bottom of the page and provide the following information:
(I) the URL of the website that you seek to establish a link from;
(II) a brief description of your website; and
(III) the reason why you wish to establish a link.
Fruitziyama may, at its sole discretion, reject your request to establish a link to this
website. If Fruitziyama agrees to your proposed link, you must comply with any terms
and conditions imposed by Fruitziyama, in its sole discretion, as a condition of such
agreement. If the nature and/or content of your website changes in any significant
way, you must contact Fruitziyama and provide a new description of your website.
5. This website may not be accessible from time to time, including inability to obtain
or shortage of necessary materials, equipment facilities, power or telecommunications,
lack of telecommunications equipment or facilities and failure of information
technology or telecommunications equipment or facilities.
6. You must not attempt to change, add to, remove, deface, hack or otherwise interfere
with this website or any material or content displayed on this website.
7. These Terms and Conditions are governed by and construed in accordance with
the State of Victoria, Australia. In the event that a dispute arises from these terms
and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts
of Victoria, Australia.
8. In the event that you breach any of these Terms and Conditions, Fruitziyama reserves
the right to take all necessary action, including legal action, to seek damages or
recover any losses arising from the breach.
IMPORTANT -- PLEASE READ:
The following Fruitziyama Card Agreement describes
the terms and conditions that apply to your Fruitziyama Card. This agreement is
divided into two parts. Part One describes the terms that apply generally to the
Fruitziyama Card. Part Two contains important legal terms and conditions, including
our mutual agreement to mediate disputes and how we may make changes to this
agreement. This agreement should be read in conjunction with, and alongside
Fruitziyama’s Privacy Policy, which may be obtained by contacting us by e-mail at
info@fruitziyama.com.au
BY PURCHASING OR USING YOUR FRUITZIYAMA CARD, YOU AGREE TO THE TERMS
OF THIS AGREEMENT AND OF FRUITZIYAMA’S PRIVACY POLICY. PLEASE KEEP
A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
PART ONE: FRUITZIYAMA CARD GENERAL TERMS
About Your Account; Fruitziyama Purchases Only.
The Fruitziyama Card is issued to you by Fruitziyama. It allows you to load a dollar value
on to your Fruitziyama Card for future purchases at participating Fruitziyama stores.
The dollar value that you load onto your Fruitziyama Card is a pre-payment only for
the goods and services of participating Fruitziyama stores. The Fruitziyama Card is to be
treated like cash. It cannot be replaced if lost or stolen. No credit card, credit line,
overdraft protection, or deposit account is associated with a Fruitziyama Card. Unless
otherwise required by law or permitted by this agreement, any amount on your
Fruitziyama Card is non-refundable and may not be redeemed for cash. No interest,
dividends, or any other earnings on funds deposited to a Fruitziyama Card will accrue
or be paid or credited to you by Fruitziyama. The value associated with the Fruitziyama
Card is not insured or guaranteed by any person or entity. Fruitziyama has the right
to accept or reject your application for an Fruitziyama Card at its sole discretion. If your
application is successful, Fruitziyama will then enter your contact details into the Fruitziyama Card database.
Notwithstanding that Fruitziyama’s product prices may change from the time an Fruitziyama Card is issued to the time the Fruitziyama Card holder makes a purchase, the balance of the Fruitziyama Card will not be adjusted from the date of issuance.
We reserve the right not to accept any Fruitziyama Card (whether in an Australian
or overseas location) or to otherwise limit the use of a Fruitziyama Card for any reason
including, for example, if we reasonably believe that the use is unauthorised,
fraudulent or otherwise unlawful.
In accordance with Fruitziyama’s Privacy Policy, all Fruitziyama Card holders may access
any personal information, in respect of them, held by Fruitziyama at any time.
Fruitziyama reserves the right, at its sole discretion, to disqualify or suspend any
credits or entitlements accrued by any Fruitziyama Card holder who does not comply
with these Terms & Conditions and may do so without notice to that holder.
The cancellation, use and disclosure of personal information is governed by Fruitziyama’s Privacy Policy. You hereby authorise Fruitziyama to disclose your information to franchisees or related companies of Fruitziyama and to other parties for the sole
purpose of operating and maintaining the Fruitziyama Card program.
Loading Value on Your Card in Australia, you can load a dollar value on the Fruitziyama Card by using a credit card,
debit card or cash at any participating Fruitziyama location. You may not load more
than $500 worth of value to your Fruitziyama Card. The minimum amount that must
be loaded onto your Fruitziyama Card is $5.00. Fruitziyama may change the maximum
and minimum amounts at any time by notifying you at the point of sale, by phone
when you call, or on the Fruitziyama web site.
At this time, all amounts loaded onto your Fruitziyama Card are held and denominated
in Australian dollars regardless of whether you use Australian or foreign currency
to load the Card. When you load value to your Fruitziyama Card outside Australia,
the amount loaded is converted from the foreign currency to Australian dollars.
Similarly, when you make a purchase outside Australia using your Fruitziyama Card,
the transaction total is converted to Australian dollars and deducted from the
account. Foreign currency is converted to Australian dollars at the exchange rate
which applies on the date you load value or make a purchase. No fees or other
charges are made to your Fruitziyama Card for the conversion. Although the actual
balance of your Fruitziyama Card is based in Australian dollars, the balance shown
on your receipt will be in the domestic currency of the store location.
Fees
Fruitziyama does not charge any fees for the issuance, activation, or use of your Fruitziyama Card.
Receipts and Statements
Cardholders are not sent statements of itemised transactions from an Fruitziyama
Card. The account balance for your Fruitziyama Card also will appear on your receipt
from a point-of-sale register. When you use your Fruitziyama Card, you will receive
a receipt but will not be asked to sign the receipt. The receipt will indicate that the
purchase was made using an Fruitziyama Card and will provide the remaining balance
of your Fruitziyama Card. You should keep your receipts to ensure that your account
balance is correct.
Complaint Handling
We reserve the right to correct the balance of your Fruitziyama Card if we believe that
a clerical or accounting error has occurred. If you have any questions or concerns
regarding your Fruitziyama Card or if you wish to view our Privacy Policy, you may
contact us by e-mail at info@fruitziyama.com. Please include your name, Fruitziyama
Card number, contact information and a description of the complaint or disputed
transaction. Within thirty (30) days, we will conduct an investigation, tell you the
results and correct any error that we verify. We shall have no liability to you for any
accounting error unless you provide us notice within sixty (60) days of the date of
the transaction in question. You should monitor your transactions and account
balances closely.
PART TWO: IMPORTANT LEGAL TERMS
Changes to This Agreement
We may amend the terms of this agreement at any time, including any rights or
obligations you or we may have by giving you thirty (30) days prior written notice.
We will give you written notice by posting the terms of the modified agreement in
our stores and on our web site. As permitted by applicable law, any change, addition
or deletion will become effective from the date the notice period expires. Unless
we state otherwise, the change, addition or deletion will apply to your future and
existing Fruitziyama Cards. You are deemed to accept the changes, additions
or deletions if:
1) you do not notify us to the contrary in writing within thirty (30) days of the date
of our notice, or
2) you use your Fruitziyama Card after the expiry of the notice period.
If you do not accept the changes, additions or deletions, your Fruitziyama Card will
be cancelled and any amounts remaining on your Fruitziyama Card will be refunded
to you.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of Victoria, Australia, and the parties submit irrevocably and unconditionally to the
non-exclusive jurisdiction of the Courts of Victoria.
Disclaimers and Limits of Liability
TO THE EXTENT PERMITTED BY LAW, FRUITZIYAMA, ITS AFFILIATES AND SUPPLIERS
MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO THE FRUITZIYAMA CARD, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY
WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF
PERFORMANCE. FRUITZIYAMA DOES NOT REPRESENT OR WARRANT THAT YOUR
FRUITZIYAMA CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT FRUITZIYAMA, ITS
AFFILIATES, AND SUPPLIERS ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE
ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES
SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR FRUITZIYAMA CARD.
FRUITZIYAMA, ITS AFFILIATES, AND SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
IN NO EVENT SHALL FRUITZIYAMA, ITS AFFILIATES, AND SUPPLIERS HAVE
ANY LIABILITY FOR UNAUTHORISED ACCESS TO, OR ALTERATION, THEFT
OR DESTRUCTION OF A FRUITZIYAMA CARD THROUGH ACCIDENT, MISUSE, OR
FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A
RESULT OF ANY DELAY, MISTAKE RESULTING FROM ANY CIRCUMSTANCES
BEYOND OUR CONTROL.
Certain legislation, including the Trade Practices Act 197_ (Cth), may imply
warranties or conditions or impose obligations upon us which cannot be excluded,
restricted or modified except to a limited extent. This Agreement must be read
subject to these statutory provisions. If these statutory provisions apply, to the
extent to which we are able to do so, our liability under those provisions will be
limited, at our option to:
1) in the case of goods, 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
2) in the case of services, the supplying of the services again; or the payment
of the cost of having the services supplied again.
Assignment
We may assign all or part of this agreement without notice to you and without such
assignment being considered a change to the agreement. We are then released from
all liability to the extent permitted by law. The assignee shall have the same rights
and obligations as the assignor and shall agree in writing to be bound by the terms
and conditions of this agreement.
Entire Agreement; Construction
This agreement is the complete and exclusive statement of agreement between
you and Fruitziyama, and supersedes and merges all prior proposals and all other
agreements. In the event that any provision of this agreement shall be determined
to be illegal or unenforceable, that provision will be eliminated to the minimum
extent necessary so that this agreement shall otherwise remain in full force and
effect and enforceable. Headings herein are for convenience of reference only and
shall in no way affect interpretation of this agreement.
Enquiries or Questions
If you have any questions regarding this agreement or your Fruitziyama Card, please
email us at info@fruitziyama.com
Fruitziyama understands that your privacy is important to you and is committed to
respecting the privacy of your personal information. This Privacy Policy sets out
Fruitziyama’s policies relating to the collection and use of your personal information
and discloses the company’s privacy practices including what type of information
is gathered, how information is used and with whom information is shared.
Fruitziyama is committed to compliance with the National Privacy Principles and seeks
to protect the privacy of your personal information under those principles. You can
obtain a copy of the National Privacy Principles from http://www.privacy.gov.au.
Fruitziyama may amend this Policy from time to time as our business requirements
or legislation changes. If we decide to change the details of our Privacy Policy the
updates will be reflected in this Policy.
The information we collect
The types of information that we collect from you will depend on the circumstances
of collection and on the type of service you request from us, for example:
– When you request services/products from us, we may collect details such as your
name, address, company details, billing address, credit card information, email
and phone contacts, etc.
– When you are applying for a position with us we may collect any information
required in the course of our recruitment and management process such as your
resume, contact details, skills, qualifications, languages spoken, residency status,
referees, etc.
Any personal information collected by Fruitziyama will only:
– be collected by lawful and fair means and not in an unreasonably intrusive way;
– be used for a lawful purpose;
– be collected with your consent; and
– the purpose for collection will be clear and explicit.
Fruitziyama will not collect sensitive information (which includes information
pertaining to matters such as your health, religious affiliations or political opinion)
from you unless:
– we have obtained your express or implied consent to the collection;
– collection is required or authorised by law;
– the information is required to establish or defend a legal or equitable claim; or
– you are incapable of consenting and the information is needed because of a serious
and imminent threat to your life or health.
At or before the time of collecting personal information directly from you (or if that
is not practicable, as soon as possible thereafter), we will take reasonable steps to
ensure you are aware of:
– the purpose for which we collect personal information, including any law that
requires particular information to be collected;
– the consequences of not providing the requested information;
– your right to gain access to the information;
– the organisations, if any, to which we usually disclose information of the kind
collected; and
– our contact details.
How information is collected
We obtain most of your personal information about you when you deal with us
directly, i.e. over the telephone, send us correspondence (whether by letter, fax
or email), and visit our website or when you contact us in person.
As well as collecting information directly from you, there may be occasions when
we collect information about you from a third party.
Sensitive Information
We are required by law to obtain your consent to the collection of “sensitive
information”. If circumstances require us to collect such sensitive information we
will assume that you have consented to the collection of all information (including
any sensitive information) which is provided to us by you for use in accordance with
this Policy, unless you tell us otherwise.
Information collected via our website
Users can generally visit the Fruitziyama website without revealing who they are or
other personal information. Fruitziyama will not collect any personal information
about visitors to our website except when they knowingly provide it. (e.g. via email,
“contact us” form, or when applying for a position via our website).
The Fruitziyama website does not use secure communications to transmit
information across the internet, if you do not wish to send an email or use an online
form, you can send a postal mail to the address specified in the “contact us” section
of this Policy.
Click Stream Data and cookies
When you visit our website, Fruitziyama makes a record of your visit and logs the pages
accessed by external users. This information is used by us to help our administrator
and improve our website. No information regarding the identity of users or other
information is obtained without your knowledge while you are browsing our website.
No attempt will be made to identify users or their browsing activities, except, in the
unlikely event of an investigation, where a law enforcement agency may exercise
a warrant to inspect internet logs. Cookies are small text files, which are placed
on your hard drive by some websites to store information. The website may utilize
cookies to remember who you are each time you visit certain parts of the website.
A more detailed explanation can usually be found at the Privacy Commissioner’s
website http://www.privacy.gov.au
Use and disclosure of your personal information
As set out in accordance with this Privacy Policy, generally Fruitziyama will only use
the personal information we collect for the main purpose(s) for which it was
disclosed at the time of collection.
Generally we will use and disclose your personal information for the following
purposes:
– to establish and maintain your relationship as an applicant for a position, including
providing you with interviews, reference checking, etc;
– to provide the services you have requested from Fruitziyama;
– to answer your enquiry;
– to register you for events, seminars, competitions or any Fruitziyama customer loyalty
program etc; or
– for direct marketing of products or services and to keep you informed of new
developments we believe may be of interest to you. (If it is impracticable to seek
your consent for such a purpose and we contact you in this way without obtaining
your prior consent, we will provide you with the opportunity to decline any further
marketing communications at no cost to you)
Fruitziyama will not use or disclose personal information about an individual for
a purpose other than the primary purpose of collection (the Secondary Purpose)
unless:
– the following apply:
I. the Secondary Purpose is related to the primary purpose of collection, or if the
personal information is sensitive information, the Secondary Purpose is directly
related to the primary purpose of collection; and
II. the individual would reasonably expect Fruitziyama to use or disclose the information
for the Secondary Purpose; or
– the individual has consented to the use or disclosure of his or her personal
information for the Secondary Purpose;
– the Secondary Purpose is direct marketing of products or services; and
I. the information is not sensitive information;
II. it is impracticable to seek your consent at or before the time of the particular use;
and
III. we provide you with the reasonable opportunity to decline any further marketing
communications at no cost to you.
Personal information submitted for employment purposes will only be used in
connection with our application process. It will not be used or disclosed for any other
purpose.
Personal information will not be sold to other unrelated companies for mailing
purposes without your consent.
Disclosure of information to third parties
We may share your personal information to third parties, including independent
contractors providing services for, or with, Fruitziyama and we may verify with third
parties the personal information you provide to us for the purpose for which it was
provided.
In all cases, we will endeavour to do all things necessary to ensure these third parties
are contractually required to keep that information confidential and to prevent the
third party contractor from using personal information about you except for the
specific purpose for which we supply it.
Other than for the purposes set out above, Fruitziyama will not disclose any information
about you without your consent unless:
– We believe it necessary to provide you with a service, which you may have requested
and doing so is in accordance with this Privacy Policy;
– We are authorised or required to by law to do so;
– To protect the rights or property of Fruitziyama; or
– We reasonably believe it is necessary to prevent a threat to life, health or safety.
Security and storage of your personal information
Fruitziyama will endeavour to take all reasonable steps to keep secure any personal
information, which we hold. Personal information is stored in our secure servers
or secure files.
Generally, we hold personal information of clients, partners, customers, debtors,
creditors, candidates, etc in a combination of computer storage facilities and
paper-based files.
Our secure servers are protected in controlled facilities and we have taken all
reasonable steps to ensure that they are accessible only by authorised Fruitziyama
personnel. All data stored on our servers can be accessed in combination with a valid
username and password. Resources are additionally limited with access controls
that prevent information being visible to all valid users.
Fruitziyama will endeavour to do all things within their control to ensure our network
is secured using an appropriate virtual private network and firewall technology.
We would like to advise that the internet, however, is not always a secure method
of transmitting information. Accordingly, Fruitziyama cannot accept responsibility for
the security of information you send or receive from us over the internet or for any
unauthorised access or use of that information. For those who do not wish to use the
internet, Fruitziyama provides alternative ways of obtaining and providing information.
To safeguard all information collected, Fruitziyama and all of its employees follow the
practices in this Policy. No one is permitted to access, record or disclose information
for the purpose other than for which it was intended.
Fruitziyama will endeavour to destroy or de-identify personal information, if we no
longer require the information for any purpose.
Accessing your personal information
You can access the personal information that Fruitziyama holds about you by contacting
the Fruitziyama Privacy Compliance Manager as detailed in the ‘Contact Us’ section
of this Policy.
Upon request, we will provide you with access to your personal information unless:
– it would be unlawful to provide the information;
– it would pose a serious and imminent threat to the life or health of any individual;
– it would have an unreasonable impact upon the privacy of other individuals; or
– the request is frivolous or vexatious.
We may charge a reasonable amount to cover our costs of providing the information
to you.
Keeping your personal information up-to-date
We will take reasonable steps to ensure that your personal information is accurate,
complete and up-to-date whenever we collect or use it.
If the personal information we hold about you is inaccurate, incomplete or out-of-
date, please contact us and we will take reasonable steps to correct this information.
We will respond to your request as quickly as possible, but not more than 1_ days
after the request has been made. Where access is denied, or there is a refusal to
correct information, Fruitziyama will provide you with the reason for refusal.
Complaints regarding your privacy
If you have a complaint about a breach of your privacy of how your personal
information is collected or used please direct your complaint to our Privacy
Compliance Manager at the address detailed below. We will respond to your query
or complaint as soon as possible but not more than 1_ days after the complaint has
been made.
If you are not satisfied with the response you receive you can forward your concerns
in writing to the CEO at the postal address detailed below. You will receive a further
response within 1_ business days.
Further information on privacy
For more information about privacy issues in Australia and protecting your privacy,
visit the Australian Federal Privacy Commissioner’s website, www.privacy.gov.au
A copy of this Policy is included in the Fruitziyama Policies Manual.
Policy Responsibility: Director of Operations
If you feel this Policy needs to be reviewed please contact the appropriate person
listed above.
Contact Us
If you have any questions or feedback about privacy or you feel that Fruitziyama is not
abiding by this Policy, please email us at info@fruitziyama.com.au