WEBSITE TERMS AND CONDITIONS
“Agreement” has the meaning in clause 1.2;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act
2010 (Cth);
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;
“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
“Customer” means the person or legal entity listed on the purchase invoice or sales document and includes anyone acting on their behalf or with their express or implied authority;
“Delivery Cost” means the costs associated with delivery of Products or Services as specified in an Order, including, without limitation, transport, freight or shipping charges, insurance costs, import and export taxes and duties;
“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Order” means an order for Products or Services placed by a Customer on, or via, the Site;
“Privacy Policy” means our privacy policy available at https://prioridentity.com/privacy-policy
“Products” means the merchandise, products, goods or items listed or advertised on the Site for sale or otherwise;
“Services” means the services listed or advertised on the Site for sale or otherwise;
“Site” has the meaning in clause 1.1; and
“you" or "your" means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer.
4.1 You must be eighteen (18) years of age or older to Order and/or purchase Products or Services on, or via, the Site.
4.2 If you are under the age of 18 years (Minor), you may browse the Site and download free Resources where explicitly designated as such, but you must obtain parental or guardian consent to make any purchases.
4.3 By placing an Order, you acknowledge and agree that:
(a) You are over the age of eighteen (18) years, or you have obtained the relevant permission from a parent or guardian to make a purchase or contribution; and
(b) You accept the Agreement and agree that you have entered into a binding legal contract with us in relation to the Agreement.
4.4 If you are a parent or guardian permitting a Minor to make a purchase, contribution, or create an Account, you agree to:
(a) Exercise supervision over the Minor's use of the Site;
(b) Assume all risks associated with the Minor's use of the Site as outlined in this Agreement;
(c) Ensure that all content and information the Minor may encounter on the Site is suitable and appropriate;
(d) Assume all liabilities resulting from the Minor's use of the Site and their Account;
(e) Ensure the accuracy and truthfulness of all information submitted by the Minor; and
(f) Provide the consents contained in this Agreement on behalf of the Minor.
4.5 We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use the Site, make a purchase, or contribute funds.
4.6 We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor, or from the parent or guardian of a Minor who causes an Order to be placed or a contribution to be made.
(a) payment has been received for the Order;
(b) the Products Services are available; and
(c) the Order has been processed.
(a) refuse to sell or to cancel Orders from Customers that request commercial quantities of Products or Services; or
(b) cancel your Order at any time prior to dispatch of the Products, or the provision of the Services, to you.
(a) any and all included insurance cover (if any) will be voided; and
(b) title and risk in the Products pass to the Customer on delivery of the Products to your nominated delivery address.
(a) the Products are damaged through misuse, accident or abnormal use; or
(b) the Australian Consumer Law or any manufacturer’s warranty does not apply.
(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
(b) represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
13.1 To the maximum extent permitted by law, you agree to indemnify us and our officers, directors, employees, or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs, and/or expenses (including reasonable legal fees) that may be incurred by, or sustained by, the Indemnified arising directly or indirectly out of, or in connection with:
(a) your access to, and use of, the Materials, the Site, or any Products or Services;
(b) your breach of this Agreement; or
(c) your misuse of the Site or the Products or Services.
13.2 This indemnity does not exclude or limit any rights or remedies that you may have under the Australian Consumer Law or other applicable laws that cannot be excluded or limited.
(a) conditions, guarantees or warranties expressed or implied by law; and
(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),
arising out of, or in connection with, access and/or use of the Material, the Site, or any Products or Services Ordered on, or via, the Site and this Agreement.
16.1 We reserve the right to amend these Terms and Conditions. For significant changes, we will notify you via email or banner notice on the Site before the changes take effect. Any other amendments to this Agreement will have immediate effect from the time that they are published on the Site.
Privacy Policy
Prior Identity Pty Ltd ("we", "us" or "our") are committed to respecting your privacy. Our Privacy Policy sets out how we collect, use, store, share and disclose your personal information.
1. Openness and transparency
We are committed to protecting your privacy and respecting and upholding your rights under the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). We ensure that we will take all necessary and reasonable steps to comply with the APPs and to deal with inquiries or complaints from individuals about compliance with the APPs.
By accessing and using our website, products and services, you agree to and consent to the collection, use, storage and disclosure of personal information by us as set out in this Privacy Policy.
2. Personal information
Personal information is information or an opinion about an individual whose identity is apparent, or can be reasonably ascertained, from that information or opinion (whether true or not, and whether recorded in a material form or not).
The type of personal information we collect from you includes, without limitation, the following:
· your full name;
· address;
· email address;
· your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
· details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
· any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
· information you provide to us through customer surveys;
· billing information (including credit and bank details); or
· any other personal information that may be required in order to facilitate your dealings with us.
3. Collection
We will collect personal information only by lawful and fair means and not in an unreasonably intrusive way. Generally, we will collect personal information directly from you, and only to the extent necessary to provide our products and services requested or ordered by you and to carry out our administrative functions or as required by law. We will not collect sensitive information from you.
We may also collect personal information from you when you fill in an application form, communicate with us, visit our website, provide us with feedback, complete online surveys or participate in competitions. We may collect personal information about you from our business partners or from third parties.
If you use a pseudonym when dealing with us or you do not provide identifiable information to us, we may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our website do not sign into it or provide any information that might identify you.
We require individuals to provide accurate, up-to-date and complete personal information at the time it is collected.
4. What do we do with your personal information?
We use and disclose your personal information for the purposes for which the information is collected, or for a directly related purpose, including (but not limited to):
· providing our website, products and services to you;
· administering, protecting, improving or optimising our website, products and services (including performing data analytics, conducting research and for advertising and marketing purposes);
· billing you for purchasing or using our website, products and services;
· informing you about our website, products, services, rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
· responding to any inquiries or comments that you submit to us;
· verifying your identity;
· any other purpose you have consented to; and
· any use which is required or authorised by law.
5. Disclosure of personal information
We may disclose your personal information to:
· third-parties we ordinarily engage from time to time to perform functions on our behalf for the above purposes;
· any person or entity to whom you have consented to us disclosing your personal information to;
· our external business advisors, auditors, lawyers, insurers and financiers; and
· any person or entity to whom we are required or authorised to disclose your personal information to in accordance with the law.
6. Access and management
Subject to some exceptions provided by law, you may request access to your personal information in our customer account database, or seek correction of it, by contacting us. See section 11: Contact information. Should we decline you access to your personal information, we will provide a written explanation setting out our reasons for doing so.
We may charge a reasonable fee that is not excessive to cover the charges of retrieving your personal information from our customer account database. We will not charge you for making the request.
If you believe that we hold personal information about you that is not accurate, complete or up-to-date then you may request that your personal information be amended. We will respond to your request to correct your personal information within a reasonable timeframe and you will not be charged a fee for correcting your personal information.
If we no longer need your personal information for any of the purposes set out in this Privacy Policy, or as otherwise required by law, we will take such steps as are reasonable in the circumstances to destroy your personal information or to de-identify it.
7. Direct marketing
Where we have your express or implied consent, or where we are otherwise permitted by law, we may use your personal information to send you information about products and services we believe are suited to you and your interests or we may invite you to attend special events.
At any time you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your personal information as detailed above, will continue. You can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us in writing at contact@prioridentity.com.
8. Cross-border disclosure
We may disclose your personal information to third party recipients located in or outside of Australia in order to provide our website, products and services to you.
When entering into a transaction with us you consent to your personal information being disclosed or transferred to such Recipients and you acknowledge and agree that we have no obligation to take such steps as are reasonable in the circumstances to ensure that the information that is transferred or disclosed to the Recipients will be treated in a manner that is consistent with the APPs. You also agree that insofar as the law allows, we have no liability to you or anyone else for any breach by the Recipient of the APPs.
9. Prior Identity website
When transmitting personal information from your computer to the Prior Identity website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, we will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
The Prior Identity website may use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but if you do so, you may not be able to fully experience the interactive features of the Prior Identity website.
10. Security
We may hold your personal information in either electronic or hard copy. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information.
However, we cannot guarantee the security of any personal information transmitted over the internet and therefore you disclose information to us at your own risk. We will not be liable for any unauthorised access, modification or disclosure, or misuse of your personal information.
11. Contact information
If you require further information regarding our Privacy Policy or wish to make a privacy complaint, please contact us at contact@prioridentity.com.
12. Miscellaneous
We reserve the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Privacy Policy on the Prior Identity website.
Last updated: February 2025