TERMS, CONDITIONS AND PRIVACY
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using this website or purchasing or using any products or services from Blue Mantis Training Systems (“Company”), you agree to be bound by these Terms and Conditions. We may modify these Terms and Conditions at any time, and it is your responsibility to review them periodically. Your continued use of this website after changes have been posted signifies your acceptance of the modified terms.
I. GENERAL TERMS & CONDITIONS
II. User Public Forum Policy
III. Product & Service Purchase Notes
IV. Purchase Agreement & Refund Policy
V. GDPR
I. GENERAL TERMS & CONDITIONS
a) Scope
These Terms and Conditions apply to your use of the website located at www.bluemantis.com.au, including its sub-domains and related domains (collectively, the “Site”), as well as to products and services purchased or used through the Site. These terms do not apply to any third-party sites that may be linked to this Site.
b) Intellectual Property and Usage Restrictions
The content on this Site is protected by copyright and trademark laws and is the property of their respective owners. You may access the materials on the Site for personal, non-commercial use only. You may not modify, copy, publish, display, transmit, or exploit any content from the Site without our prior written consent and that of any other relevant rights holders.
You agree not to:
Harass or abuse other users;
Post or transmit any content that is false, harmful, threatening, abusive, defamatory, vulgar, obscene, promotes violence, or is otherwise objectionable;
Infringe on intellectual property rights;
Upload or transmit viruses or other harmful files;
Impersonate others or misrepresent the origin of content;
Send spam, junk mail, chain letters, or pyramid schemes;
Violate any laws.
c) External Links
This Site may contain links to third-party websites. We are not responsible for the content, availability, or practices of these websites. We do not endorse, warrant, or guarantee any products or services offered by or through these websites.
d) Disclaimer
The products, services, and materials on this Site are provided “as is” without warranties of any kind, either express or implied. Neither we nor any of our licensors or suppliers warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
We are not liable for any direct, indirect, consequential, or other damages that may result from the use of, or the inability to use, the materials on this Site.
e) No Personal Advice
Information on this Site is not a substitute for professional advice in any field, including medical, legal, or financial. Always consult a qualified professional for specific advice related to your situation.
f) Age Restrictions
This Site is not intended for individuals under the age of 13. The sale of products and services is not directed to individuals under the age of 18. We do not knowingly collect information from individuals under 13. Users under 18 must have parental consent. By using this Site, you represent that you are at least 13 years old, and by purchasing products or services, you represent that you are at least 18 years old.
g) Membership Fees: The company reserves the right to charge fees, surcharges, or membership fees for any service that is currently provided for free. They will provide a 30-day prior written notice to the user before initiating such charges.
h) Copyright: All the content available on the website, including text, graphics, images, audio, and software, is the property of the company or its content suppliers. This content is protected by the United States and international copyright laws.
i) Trademarks: The document states that the company's name and logos, among other things, are trademarks or registered trademarks and are the property of the company. These trademarks may not be used in connection with any product or service that is not affiliated with the company, in a manner that is likely to cause confusion among customers, or in a way that disparages or discredits the company.
j) Contact Information: The document provides the physical address and email address for customer support, subscription cancellations, and privacy matters.
II. User Public Forum Submission/Participation Policy and Terms:
a) General: The website may feature forums such as message boards, chat rooms, discussion forums, comments sections, etc. where users can share information or post questions. The company is not responsible for the content posted by users in these forums and advises users to exercise caution as these forums may contain offensive or inappropriate material.
b) Participation Requires Consideration: Any information, including personally identifiable information, revealed in a forum may be public. Users should think carefully before disclosing any information in a forum as it may be seen or used by third parties in ways that the company cannot control.
c) Confidential Obligations: Users agree not to upload or transmit any content that infringes or violates any rights of any party. If a user has entered into a confidentiality agreement with the company, they are obliged to ensure that their posts do not breach this agreement.
d) Grant of Rights: If a user is the original copyright holder of any post or submission, and the content does not contain any confidential information, the user grants the company a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and/or exploit the content in any form or medium. The user also agrees that the company may sublicense or assign its rights.
e) No Obligation to Monitor: The company does not control the information posted in the Forums and is not obligated to monitor them. However, it reserves the right to disclose any information if required by law or to edit, refuse to post, or remove any information or materials for any reason at its sole discretion.
f) No Obligation to Remove: The company is not obligated to remove any content that does not violate any civil or criminal laws. Any content contributed is presumed to be submitted with the intent that the company shall have an ongoing non-exclusive right to publish it indefinitely unless agreed otherwise. If a user does not want something they submit to be published, they should not submit it in the first place.
g) No Endorsement: The company does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Forums or any opinions expressed therein. Reliance on material posted in the Forums is at the user's own risk.
h) Company’s Right to Act: The company may investigate any communications which allegedly do not conform to the terms and conditions and may decide whether to remove or request the removal of the communication. It is not liable for performing or not performing such activities. The company also reserves the right to terminate or restrict access to the Forums at any time without notice.
III. Special Notes with regard to Product and Service Purchases:
a) Shipping Methods:
Products shipped by the company may be shipped by UPS Standard or any other method at the company’s discretion, and a shipping charge will be applied.
Orders shipped overseas will have a 10% duty tax.
All orders require at least 24-72 hours processing time before shipping.
The company does not process orders during weekends.
No deliveries will be made on Saturday or Sunday.
The company does not guarantee same-day shipping.
All orders shipped within CA will be charged sales tax.
Exact delivery times to any location cannot be guaranteed.
b) Sales Tax: Sales tax is only required for orders shipped within the company's resident states of business. For example, orders shipped within Australia will be charged applicable sales tax according to the area's tax rate.
c) Duty Tax: Orders shipped overseas will have an applicable duty tax applied. Exact delivery times for overseas shipping cannot be guaranteed.
d) Product Listings: The company strives for accuracy in product descriptions, photographs, specifications, pricing, and other product-related information on its website, but cannot guarantee that this information is always accurate, complete, or current. The company is not responsible for errors and has the right to refuse or cancel any order if a product is listed with incorrect information due to any error. The company also does not take responsibility for the content of hyperlinks to other websites.
e) Product Revisions: The company is not responsible for changes in product specifications or physical appearance. Sometimes the company acts as a distributor, and there may be changes that are out of its control, such as new versions, color deviations, or package alterations. The company attempts to keep information up-to-date but cannot be held responsible for product revision changes.
f) Cancellation Policy (Events): Unless otherwise stated, the deadline to receive a refund for an individual event registration is 90 calendar days before the event. Cancellations after this deadline are not eligible for refunds. Cancellations must be made in writing (email) and include the name of the attendee or transaction/invoice number.
IV. Product and Service Purchase Agreement:
a) Product Issues: If a customer has problems or concerns regarding the company or their purchases, they can contact the company through support@bluemantis.com.au.
b) Refund/Return Policy: Due to the nature of the products, the company does not offer cancellations or refunds for products and services purchased unless expressly offered in writing or required by law.
c) Warranties: All products and services are sold “as-is” or “with all faults”. The company makes no representation or express warranty with respect to the product or service beyond those stated in this document. The company disclaims all other warranties, express or implied.
d) Limitation of Liability: The company’s maximum liability is limited to the purchase price of the products or services sold. The company shall not be liable for any claims exceeding this liability limit, or for third-party claims for damages, malfunction, delays, loss of business, or exemplary damages.
e) Customer Agreed to Restrictions, Obligations and Limitations; Confidentiality and Limited: (This section seems to be incomplete or cut off, please provide the full text for this subsection if needed).
Confidentiality and Property: The customer acknowledges that the products and services sold by the COMPANY are confidential and proprietary information and property of the COMPANY. The customer agrees to protect such products and services as confidential.
Restrictions on Use and Distribution: The customer agrees not to copy, distribute, resell, lend, lease, display, teach, or show these products and services to others. The use of these products and services is limited to the customer's personal use, and no one may use them in any manner without written approval from the COMPANY.
Agreement and Compliance: Anyone who views or uses the products of the COMPANY agrees to be bound by these terms and must comply with this agreement. If the COMPANY discloses any portion of its information to the public, customers still have an obligation to protect and keep confidential any information that the COMPANY has not publicly disclosed.
Age Requirement: The customer represents and warrants that they are at least 18 years old. If the customer is under 18 years old, they must discontinue using the products purchased from the COMPANY.
e) TERMS AND CONDITIONS SPECIFIC TO MONTHLY SUBSCRIPTIONS:
By providing credit card and other information, agreeing to these Terms and Conditions, or selecting the “Purchase” button (or a similar button for monthly subscriptions) displayed on the site, the customer is purchasing a monthly subscription and agrees to allow the COMPANY to charge their credit card for amounts payable pursuant to this subscription.
The customer acknowledges and understands that they can cancel the subscription at any time by contacting customer support at support@bluemantis.com.au.
Payment Terms; Orders:
Orders are not binding upon the COMPANY until they are accepted.
Payment must be received before the COMPANY will accept an order.
Payment options include credit cards or other methods pre-arranged with the COMPANY.
Interest on past-due sums is charged at a rate of 2.5% per month or the highest rate allowed by law.
Shipping Charges:
The total cost for purchasing a product will include shipping and handling charges as shown on the invoice.
Title; Risk of Loss:
The COMPANY will arrange shipment of the ordered products, Free On Board (F.O.B.) shipping point, meaning the title and risk of loss passes to the customer once delivered to the carrier (with the exception of software).
Title to software will remain with the licensor(s), and the customer is bound by the software license agreement.
The COMPANY is not responsible for delays in delivery or associated damages due to events beyond its control, such as natural disasters, government actions, strikes, and others.
Governing Law and Jurisdiction:
Any dispute related to these Terms and Conditions or sales transactions will be governed by the laws of the State of Queensland.
The COMPANY and customer consent to the exclusive jurisdiction of the State Courts of Queensland.
Legal actions against the COMPANY must be brought within one year of the date of the invoice.
Severability:
If any provision of this agreement becomes invalid, illegal, or unenforceable, it does not affect the validity of the remaining provisions. The invalid provision will be modified to achieve the closest valid and enforceable intent.
Waiver:
Failure by either party to enforce any provision of this agreement does not constitute a waiver of that provision unless made in writing.
Entire Agreement:
These Terms and Conditions, along with the Australian Privacy Policy and Privacy Policy, constitute the complete and exclusive agreement between the COMPANY and the customer. This agreement supersedes all prior proposals, understandings, and communications.
This agreement may not be explained or supplemented by any prior course of dealings or trade customs.
Personal Data Protection:
Blue Mantis Training Systems informs users that it adheres to Regulation (EU) 2016/679 of the European Parliament and the Council, known as the General Data Protection Regulation (GDPR).
GDPR focuses on the protection of natural persons with regards to the processing of personal data and on the free movement of such data.
Name and Address of the Controller:
The Controller is the party responsible for handling personal data in compliance with GDPR. For Blue Mantis Training Systems, the controller information is as follows:
Name/Company Name: Blue Mantis Training Systems
Address: 49 Josefski Road Agnes Water, QLD, Australia
Phone: +61455177012
Email: support@bluemantis.com.au
Website: www.bluemantis.com.au
Types of Personal Data Collected:
Blue Mantis Training Systems may collect, use, store, transfer, and process various personal data, including:
Identity data: First name, last name, username, title, date of birth, and gender.
Contact data: Email address and telephone numbers.
Technical data: Internet protocol (IP) address, login data, browser type and version, time zone and location, browser plug-in types and versions, operating system and platform, and other technology on the devices used to access the website and services.
Profile data: Username, password, preferences, feedback, survey responses, date and time of registration, comments on the blog, and the date of the commentary.
Usage data: Information about how the website and services are used.
The company also collects aggregated data (e.g., statistical or demographic data) that does not directly or indirectly reveal the user’s identity. However, if aggregated data combined with personal data can identify an individual, it is treated as personal data.
Methods of Data Collection:
Personal data is collected through various methods, including:
Direct interactions: Users may provide identity and contact data by filling in forms, corresponding via post, phone, email, social media, or other means.
This includes data provided when users sign up for newsletters, become clients, enroll in programs, purchase products, engage on social media, enter promotions or surveys, and leave comments or reviews.
Purposes of Processing Personal Data:
The primary purpose of collecting personal data is to provide services offered by the website/app, such as information access, contacting the company, enrolling in training programs, etc.
Other purposes include providing services and products, subscribing to newsletters, registering new users, managing relationships (e.g., notifications of changes, requesting feedback), administering and protecting the business and website/app, and using data analytics to improve the website, products, services, customer relationships, and experience.
Users’ Rights Under GDPR:
Users have the following rights under GDPR:
The right to receive a copy of personal data held by the company.
The right to rectification of incorrect data.
The right to erasure or the “right to be forgotten”.
The right to restrict data processing.
The right to data portability.
The right to object to data processing.
The right not to be subject to automated decision-making, including profiling.
Users are not required to pay a fee to exercise these rights. However, the company may charge a reasonable fee for unfounded, repetitive, or excessive requests, or may refuse to comply with such requests.
Some exceptions and exclusions may apply, and the company may not always be able to comply with requests fully.
Users can contact the company to exercise these rights by sending an email to a provided email address (not provided in the text).
Response Timeline:
The company will respond to user requests for information within one month.
In cases where the request is complex or there are multiple requests, the response time can be extended by an additional two months. The user will be informed if this happens.
If there is doubt about the identity of the person making the request, the company may ask for additional information to confirm the identity.
Filing a Complaint:
Users have the right to file a complaint with the relevant supervisory authority for data protection. However, the company appreciates being given the opportunity to address any concerns before users approach the authority. Thus, users are encouraged to contact the company first.
Legal Basis for Processing:
The legal basis for processing personal data are as follows:
Art. 6 (1) lit. b GDPR: Processing is necessary for the performance of a contract or for taking steps prior to entering into a contract.
Art. 6 (1) lit. c GDPR: Processing is necessary for compliance with a legal obligation.
Art. 6 (1) lit. d GDPR: Processing is necessary to protect the vital interests of the user or another person, e.g., in emergency medical situations.
Art. 6 (1) lit. f GDPR: Processing is necessary for the purposes of legitimate interests pursued by the company or a third party, except when such interests are overridden by the user's interests or fundamental rights and freedoms that require personal data protection. This includes providing the best service/product and secure experiences, and it may also include processing for direct marketing purposes.
The company does not rely on consent as a legal basis for processing personal data.
Personal data can be processed on more than one lawful ground depending on its specific use.
Choosing Not to Provide Personal Data:
Users can choose not to provide personal data. However, this may limit access to certain options and services on the website.
In some cases, providing personal data may be a statutory or contractual requirement. The refusal to provide personal data might limit the services that can be provided, such as enrollment in training programs.
Retention Period:
Personal data is stored for the duration necessary to fulfill the purposes for which it was collected, including legal, accounting, or reporting requirements.
After this period, the data is deleted unless it is still required for contract fulfillment or initiation.