Site Terms & Conditions
The website richardshrapnel.com (Site) is owned and operated by Shrapnel Publications Pty Ltd (ACN 608 709 860) of Level 27, 101 Collins Street, Melbourne. Australia. 3000 (SP, we, us, our).
Please read carefully and completely the terms and conditions set out below (T&Cs). By continuing to access, placing an order through the Site, or otherwise engaging with this Site you agree to be bound by the T&Cs. Your use of this Site is conditional upon your agreement to, acceptance of and compliance with the T&Cs. If you do not wish to be bound by the T&Cs, you must immediately stop using and accessing this Site.
SP accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Site.
A reference to “SP” includes associated entities and related companies and all officers, staff, employees, contractors and agents of all of them.
Every effort is made to provide information that is accurate. However, materials contained in this Site are subject to change at any time by appropriate action of SP. SP gives no assurance or warranty that information on this Site is current, and takes no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this Site.
3. No Legal or Financial Advice
Information contained on this Site should not be considered legal or financial advice and is not intended to replace consultation with a qualified professional. We recommend that you seek professional advice in relation to your specific circumstances.
4.1. All information, text, material, graphics, software and advertisements on this Site are Copyright © Richard Shrapnel Publications Pty Ltd or its respective associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws.
4.2. The marks “ACTIVE KNOWLEDGE”, “KNOWLEDGE THAT DRIVES ACTION”, “WISDOM THAT INSPIRES MOMENTUM”, “ORIENTEERING SUCCESSION” and “COMPETITIVE ENGINE” and “PROFIT IS NOT OUR MOTIVE” are registered trademarks of Shrapnel Publications Pty Ltd.
4.3. You must not use the trade marks whether registered or common law, or logos on this Site or other materials for any purpose without the prior written consent of SP or Richard Shrapnel.
4.4. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided for on this Site (including the T&Cs), or expressly authorised in writing by the SP or Richard Shrapnel.
4.5. You may, subject to specific restrictions set out in these terms and conditions, in relation to the Publications (defined below), download material from this Site solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from this Site.
5. Licence of Publications
5.1. SP may make available publications that can be purchased and downloaded from this Site (Publication).
5.2. A purchaser of a Publication may purchase it for themselves, or for another person. The intended recipient of the Publication (Licensee) will be granted a licence under clause 5.3below.
5.3. When a Publication is purchased from the Site in accordance with the steps of clause6below, SP grants a perpetual single user licence to the Licensee for their personal use of the Publication. The Licensee is permitted only to store the Publication on one device, and print it for their personal reference. The Licensee is prohibited from sharing, sending, communicating or copying, the Publication in any form.
5.4. Without derogating from SP’s rights under clause 5.5, in the event that the Licensee breaches the terms of this agreement, SP may immediately revoke the licence provided to the Licensee in this clause 5by issuing notice in writing.
5.5. SP reserves its right to take legal action against a Licensee who breaches the terms of this agreement, including a claim for any indirect, incidental, special, exemplary or consequential loss or damage, loss of profits or anticipated profits, damage to property or person, loss of revenue, economic loss, loss of business opportunity or damage to goodwill.
6. Orders through the Site
6.1. To place an order with SP you must be over 18 years of age and be the holder a valid credit card.
6.2. All orders are subject to confirmation of the order price.
6.3. Once you have placed an order, SP accepts and fulfils your order by sending your purchased item(s) along with a tax invoice via email and/or by post or courier service. If you have purchased a Publication for another person, SP will send the tax invoice to you and the publication to the other person. Once you have placed an order and the applicable payment is received by SP, the order cannot be cancelled by you.
6.4. All prices are shown and transactions are processed in USA Dollars (USD). For customers located in Australia, prices are inclusive of the Goods and Services Tax (GST). For the supply of goods or services to customers located outside of Australia, prices are exclusive of taxes, duties or charges imposed or levied in Australia or overseas.
6.5. SP reserves the right to change pricing and other information on this Site from time to time without notice to you.
6.6. Refunds will be made when we are obliged to provide them under Australian Consumer Law as set out in clause 13.3. Refunds will not be provided for “change of mind” returns.
7. Security Features
You agree to observe and maintain the confidentiality of all security features relating to the use of this Site (including passwords, access arrangements, etc.) as notified. SP will not be liable for any unauthorised breach or disclosure of the security features.
8. No Commercial Use
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the information provided by this Site for commercial purposes, including, but not limited to, publishing or selling it or any part of it to any third party.
You agree to only use the Site for lawful purposes.
You agree to indemnify SP for any loss suffered or liability incurred by SP arising from any unlawful, unauthorised or improper access or use of this Site or any breach of these terms and conditions by you or your employees, contractors, representatives or agents.
10. No Guarantee of Access
SP does not guarantee constant availability of access to this Site and accepts no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by an ISP or system provider).
11. Linked Sites & No Endorsement
This Site may contain links to third-party websites which are not owned or operated by SP (Linked Sites).
SP is not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Sites or any goods, services, or information provided via any of the Linked Sites. A reference to any third party goods or services, Linked Site or other information by trade name, trademark, supplier or referred to by other means does not constitute or imply endorsement, sponsorship or recommendation of that good, service, Linked Site or information by SP.
SP is not responsible for the availability of the Linked Sites. You agree that SP is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such Linked Sites or the services which are available through any such Linked Sites.
12. Security of Information
13. Disclaimers & Limitation of Liability
13.1. General Disclaimer
The material contained on this Site, including the material in the Publications, is for general information purposes only. While care has been taken in preparing the material, SP and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the materials, or for their accuracy, currency and completeness.
13.2. No Warranties
The information and products provided on this Site is provided on an “as is”, “as available” basis with all faults and without warranties of any kind, express or implied. No oral advice or written information provided shall create a warranty; nor shall members or visitors to this Site rely on any such information or advice. SP reserves the right to make changes in the information contained and material on this Site at any time.
13.3. Australian Consumer Law
Nothing in these T&Cs is to be interpreted as excluding, restricting or modifying, or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable, including the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), to the sale of products which cannot be excluded, restricted or modified.
If those statutory provisions apply, to the extent to which SP is entitled to do so its liability will be limited at its option to:
- in the case of the supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of the goods; and
- in the case of services, the supply of the services again or the payment of the cost of having the services performed again.
13.4. Disclaimer of Liability
To the maximum extent permitted by law, you assume all responsibility and risk for the use of this Site and the Internet generally. SP accepts no liability or responsibility to any person as a consequence of any reliance upon the information contained in this Site. Under no circumstances, including negligence, shall SP, its related entities or anyone involved in creating or maintaining this Site be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use this Site and/or any other websites which are linked to this Site. Nor shall they be liable for any such damages including, but not limited to, reliance by a user, member or visitor on any information obtained via this Site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access.
13.5. Third Party Content
SP is a distributor and not a publisher of the content supplied by users, members or visitors of this Site and other third parties. Any opinions, advice, statements, services, offers or other information or content made available by users, members, visitors or other third parties are those of the respective author(s) and SP is not responsible for any material posted by third parties. SP expressly disclaims any liability associated with material posted by third parties.
14. Variation & Termination
14.1. These terms and conditions shall continue to have full force and effect until varied or terminated by SP. SP reserves the right to terminate this agreement at any time for any reason.
14.2. SP reserves the right to vary these terms and conditions and upload such new terms and conditions to the Site. You will be deemed to have accepted the terms and conditions as amended by your continued use of and/or access to this Site.
15.1. This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
15.2. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
15.3. The waiver by SP of a breach of these terms and conditions by you shall not be construed as a waiver of any other breach of these terms and conditions by you and shall not in any way restrict SP’s right to exercise its rights pursuant to this agreement in respect of any other breach of these terms and conditions.
- In thisPolicy, “We”,“Our”or “Us”is a reference to Shrapnel Publications Pty Ltd (ACN 608 709 860).
- This Policy explains how your personal information will be handled by Us when you use the richardshrapnel.com website (Site) or use any goods or services offered to you by Us.
- Personal informationis information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not, and whether recorded in a material form or not. (Personal Information).
2. What this Policy is about
- This Policy explains the key measures We have taken to implement the requirements of the Privacy Act 1988and the Australian Privacy Principles. It aims to answer the questions you might have about how We collect, use and disclose the information We collect from you, including Personal Information.
- We endorse fair information handling practices and uses of information in compliance with Our obligations under the privacy laws in force in Australia from time to time. Any information provided, including identification of individuals, will be used only for the purpose/s intended and where the intention includes confidentiality, information will be treated as such unless otherwise required by law.
- This Policy represents the default position that We will take in Our treatment of Personal Information. We will treat all Personal Information in a manner consistent with this Policy unless you have provided your express consent otherwise.
3. Collection of Personal Information
- We hold information that you have provided to Us about yourself and information about your use of Our goods and services. This information may include:
- your contact information, including your name and contact details;
- information volunteered by you through the message function on the Site;
- your billing and shipping details and payment details provided when you place an order through the Site; and
- information provided as part of your use of the Site – for example, the frequency with which and the times at which you use the Site.
- We wish to provide you with a positive user experience. To assist Us in doing this, We reserve the right to collect anonymous usage data through the Site, other websites and online systems.
- ‘Cookies’ are alphanumeric identifiers that are stored by the web browser on a computer’s hard-drive that enable Our system to recognise a visitor to the Site. This helps Us to track basic visitor information for the purposes of optimising the design of Our systems and optimising Our marketing activities.
- Most web browsers automatically accept cookies and this function can be disabled by changing the browser settings of the user.
4. Use of Personal Information
- We collect your Personal Information to facilitate the provision of goods or services to you, including disclosing Personal Information where the disclosure has been requested by you as a part of Our services.
- We may also use Personal Information We collect for related purposes such as:
- to communicate with you;
- to provide services you require and provide requested information;
- to perform statistical analyses of user behaviour;
- maintaining Our relationship with you, including responding to your questions;
- helping Us to identify and inform you about other products or services that are likely to be of interest to you;
- internal accounting and administration, including sharing information with Our related bodies corporate for reporting purposes;
- protecting you and Us from fraud; and
- any other use for which We obtain your permission.
5. Disclosure of Personal Information
- We recognise the trust you place in Us when you give Us your Personal Information. Other than disclosure as directed by you or to service providers (explained below) or as required by law (for example, disclosure to various Government departments or to courts), Our policy is that we do not give your Personal Information to other organisations unless you have given Us your consent to do so.
- We do not share your Personal Information with third parties except as necessary to carry out Our business and to provide you with the goods and services you requested. For example, may share you information with service providers in order to process your orders or provide you with information that you have requested. The parties we may share Personal Information with are Our employees, subcontractors, suppliers and affiliates on a need to know basis and who will be required to maintain confidentiality.
- When sharing your Personal Information with service providers, we may be sharing this information outside Australia such as to the United States and other countries.
- Occasionally, We might also use Personal Information for other purposes or share Personal Information with another organisation because:
- We believe it is necessary to provide you with a good or service which you have requested;
- We believe it is necessary to protect the rights, property or personal safety of other Site users;
- We believe it is necessary to do so to prevent or help detect fraud or serious credit infringements – for example, We may share information with other, credit reporting agencies, law enforcement agencies and fraud prevention units;
- We believe it is necessary to protect the Our interests – for example, disclosure to a court in the event of legal action to which We are a party; or
- the assets and operations of the business are being transferred to another entity or party.
- When We share information with other organisations and service providers as set out above, We do so in accordance with this Policy. To the extent that these organisations and service providers gain access to Personal Information, their use is governed by the rules set out in the Privacy Act 1988.
6. Confidentiality and Data Security
- Our servers are hosted in Australia. We take all reasonable steps to manage data stored on Our servers to ensure data security and to prevent the loss, misuseor alteration of Personal Information. Notwithstanding the above, We are not responsible for any third-party access to Personal Information as a result of:
- interception while it is in transit over the internet;
- spyware or viruses on the device (such as a computer or phone) from which you access the Site; or
- as a result of your failure to adequately protect their user name or password (if applicable).
- We are also not responsible for any losses, expenses, damages and costs, including legal fees, resulting from such third-party access.
- If We have reasonable grounds to believe that your Personal Information may be subject to unauthorised access or disclosure (eligible data breach), we will investigate and assess the suspected eligible data breach to determine whether the eligible data breach is likely to result in serious harm to you (Notifiable Data Breach). If a Notifiable Data Breach occurs then we will notify you and the Australian Information Commissioner as soon as practicable after we become aware of the Notifiable Data Breach in accordance with our obligations under the Privacy Act 1988. We will comply in every way with our obligations under Part IIIC – “notification of eligible data breaches” of the Act.
7. Retention and Disposal of Personal Information
- We will retain your Personal Information for as long as is required to provide you with our services or assist you with your query and to comply with legal requirements.
- If We no longer require Personal Information for any purpose, including legal purposes, We will take reasonable steps to securely destroy or permanently de-identify the Personal Information.
8. Access to Personal Information
- You can access the Personal Information We hold about you at any time. Simply contact Us to make your request at firstname.lastname@example.org.
- We will always endeavour to meet requests for access. However, in some circumstances We may decline a request for access. This includes the following circumstances:
- We no longer hold or use the information;
- providing access would have an unreasonable impact on the privacy of other persons;
- the request is frivolous or vexatious;
- the information relates to existing or anticipated legal proceedings and would not normally be disclosed as part of those proceedings;
- providing access would be unlawful;
- providing access would be likely to prejudice the detection, prevention, investigation and prosecution of possible unlawful activity; and
- the information would reveal Our commercially sensitive information.
- If We decline a request for access, We will provide reasons for Our decision when We respond to the request.
- We reserve the right to charge you a reasonable fee for access to your Personal Information. These charges will be limited to the cost of recouping Our expenses for providing you with your Personal Information, such as document retrieval, photocopying, labour and delivery.
- Despite anything contained in this Policy to the contrary, if the Freedom of Information Act 1982applies to your request for Personal Information, the access and correction requirements in the Privacy Act 1988operate alongside and do not replace other informal or legal procedures by which you can be provided access to, or correction of, your Personal Information.
9. Changing or deleting Personal Information
- To provide you with the best possible service, it is important that the information We hold about you is accurate. We will take reasonable steps to ensure that Personal Information is accurate, complete and up-to-date at the time of collecting the Personal Information from you, using or disclosing the Personal Information, or during other interactions with you.
- If you have a complaint in relation to the way We have handled your Personal Information, your complaint should be made in writing to email@example.com the first instance. We will investigate the complaint and prepare a response to you in writing within a reasonable period of time.
- From time to time, Our policies will be reviewed and may be revised. We reserve the right to change this Policy at any time.