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Terms, Conditions and Privacy Policy

Ruby Bay Design Co. has reserved the rights that any terms and conditions may be changed at any time at our sole discretion. The latest version of the terms and conditions is the version that the business will be governed by, at this point in time, and supersedes all past versions.

1. Terms Of Use & Site Access

All terms and conditions are in relation to Ruby Bay Design Co. services. By carefully reading these terms and conditions you are agreeing to abide by these rules set for the visiting and browsing purposes of the website by Ruby Bay Design Co.. If you do not agree with any of the terms and conditions you are prohibited from browsing or accessing the website www.rubybaydesignco.com and all related websites. If you are currently browsing the website please close it immediately, as any use means you are agreeing and will abide by any of the rules that have been set to govern our site.

2. Website Limitations

The Ruby Bay Design Co. website contains material that is owned by or licensed to us. This material includes, although is not limited to, the website layout / appearance, look, designs, photography, graphics and logos. The downloading of any of the material, modifications or reproduction of site material is prohibited, unless permission is given by Ruby Bay Design Co. and you have our express written consent.

3. Limitations & Liability

Other than as specified expressly in these terms and conditions we will not be liable for any loss or damage (including indirect or consequential loss or damage) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of Ruby Bay Design Co. service, Ruby Bay Design Co. products or Ruby Bay Design Co. website except to the extent that such liability cannot be excluded by law.

4. Copyright

All content on Ruby Bay Design Co. websites including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, data compilations and software and its compilation is the property of Ruby Bay Design Co. and is protected by New Zealand, Australian and International copyright laws. You may not modify, download, create, copy, distribute, transmit, display, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Ruby Bay Design Co. website without our express written consent.

All Ruby Bay Design Co. graphics, logos, page headers, button icons, images and product names are the copyright of Ruby Bay Design Co.. and copyright materials may not be used in connection with any product or service without written approval.

You must not:

a) Republish any Content from our Website or Social Media as your own;
b) Reproduce or exploit any Content on our Website or Social Media for commercial purpose;
c) Edit or otherwise modify any Content from or on our Website and Social Media; or
d) Redistribute

5. Jurisdictional Operations and Issues

Ruby Bay Design Co. is a business that is controlled and operated from New Zealand and Australia. Our site only operates in conjunction within the jurisdiction of New Zealand & Australian local laws.

6. Applicable & Governing law

Any use of this site will be governed by, construed and enforced in accordance with the laws of New Zealand & Australia. Disputes that may arise from misuse of our site will be subject to the jurisdiction of the courts of New Zealand or Australia and its local laws.

7. Intellectual Property

All content on our Website and Social Media is owned by or licensed to us and is protected under Australian, New Zealand and International copyright laws. You may only view, share and download content for caching purposes.

8. Policy on Ideas & Suggestions Submissions

When a customer has thoughts for enhancements or offers ideas or suggestions for products and services to be used, Ruby Bay Design Co. becomes the owner of this intellectual property as soon as these recommendations are submitted by you. Ruby Bay Design Co. does welcome and encourage customers to give us ideas and suggestions on enhancements to the website, our products or services. Although if you mean to use your intellectual property for your own use, it is advised that you do not submit your idea or suggestion to us.

9. Delivery & Dispatch

Ruby Bay Design Co. dispatches its Australian orders from New South Wales and New Zealand orders from Canterbury, New Zealand. Your order will be manufactured and dispatched within various time frames according to whether it is an individual order or part of a fundraising campaign. Payment must be received in full before it will be manufactured.

10. Pricing, Returns & Refund Policies

10.1 Pricing

All advertised prices are inclusive of GST where applicable. Prices of products and services are subject to change at any time and without prior notice.

10.2 Returns and Refunds

We have a 100% quality guarantee, if any of our products are not working as they have been explained in our instructions and product details, you have a 30-day period (from receiving the item). In this period, you may return the defective item for either a full refund, replacement or repair. In the case of a faulty product, a quality inspection by us is usually required. If you have a faulty item or are not happy with your product, please start off by emailing our Customer Service Team at hello@rubybaydesignco.com. If we require further inspection of a product or you are not 100% satisfied with your product, we may ask for the product to be returned to us within the 30 days.

The following are circumstances where customers are not eligible for a refund:

a) A replacement or refund cannot occur due to a spelling (typing) errors by the customer, which has been signed off by the customer. It is the responsibility of the customer to make sure the spelling on their personalised products are correct at the time of ordering. Once the order has been placed, even if a spelling mistake seems apparent, Ruby Bay Design Co. will not be held accountable for not fixing spelling mistakes made by the customer.
b) After thorough inspection Ruby Bay Design Co. will not refund or replace items that seem to be defected by the results of ordinary wear and tear or abnormal use (product used against instructions), or if a customer has simply changed their mind.
c) If you have changed your mind;
d) You are trying to stick the labels to a non-stick surface, as outlined on our FAQ’s page;

11. Posting Policy

You may upload posts on Social Media subject to the following:

11.1 Intellectual Property Rights

You grant us a non-exclusive, transferable, royalty-free, worldwide licence to use any Intellectual Property in Posts or Electronic Communication, including rights to:

a) Copy, reformat, edit or translate;
b) Publicly perform or present;
c) Distribute for any purpose including for commercial or advertising purpose; and
d) Incorporate in our website and Social Media or any other works.
e) Intellectual Property Licence in relation to that material ends when you delete that Post, but you
understand that even if you delete Posts, we may keep back-ups for a reasonable period of time.

11.2 Prohibited Posts

You must not upload any Post that:

a) is an image of another person or another person’s property without their consent;
b) is harmful, threatening, abusive or harassing;
c) promotes racism, bigotry, hatred, physical harm or any other discriminatory behaviour
d) is false, misleading or fraudulent;
e) advertises any company or their goods or services other than us;
f) Invades someone else’s privacy and rights.
11.3 Your warranty in post
a) you have the right and authority to provide the Post in the manner it is posted;
b) you own the Post and have the right to assign copyright ownership and other Intellectual Property to us; and
c) the Content is not prohibited content under above clause

Monitoring of Social Media

We have not reviewed and cannot review all Posts and we are not responsible for liability arising out of your Post. We may, at our sole discretion, pre-screen, reject or remove any Post you provide for any reason.

12. Online Shopping Terms and Conditions

These terms apply to the ordering, purchase and delivery of goods from the Website and form a contract between you and Ruby Bay Design Co.

13. Placing orders

You agree that:

a) All goods purchased are intended for personal non-commercial use only.
b) You will abide by the Terms regarding promotions where goods are limited by per person or per address.
Any quantity restrictions will be stated on the promotional material.
c) Ruby Bay Design Co. will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
d) Once an order has been placed it cannot be cancelled or amended.
e) You must be at least 18 years of age (or 16 years of age with parental consent) with an active phone number and email address to purchase Goods.
f) Orders placed separately or consecutively cannot be consolidated. A separate Delivery Fee will be applied to each order. Unless part of a fundraising campaign.
g) We reserve all rights to refuse fulfilment of an order. In these circumstances you will be advised and any money that has been paid will be refunded

Our Privacy Policy

1. We respect your privacy
1.1. Ruby Bay Design Company respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. “Personal information” is information we hold which is identifiable as being about you.

2. Collection of personal information

2.1. Ruby Bay Design Company will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.

3. How we collect your personal information

3.1. Ruby Bay Design Company collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information

4.1. Ruby Bay Design Company may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. Ruby Bay Design Company may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5. Disclosure of your personal information

5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Ruby Bay Design Company, www.rubybaydesignco.com, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to New Zealand.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6. Security of your personal information

6.1. Ruby Bay Design Company is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Access to your personal information

7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@rubybaydesignco.com.
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8. Complaints about privacy

8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to hello@rubybaydesignco.com, Victoria. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9. Changes to Privacy Policy

9.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10. Website

10.1. When you visit our website
When you come to our website (www.rubybaydesignco.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.2. Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
10.3. Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Ruby Bay Design Company is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Effective as of 1st July 2018

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