Legal - Australian Owned

REFUND POLICY

Introduction:

This Refund Policy (“Policy”) applies to certification services provided by Australian Owned (”us”,”we”) unless stated otherwise.

The purpose of this Policy is to provide guidance to prospective and continuing clients on the circumstances under which a refund is appropriate. Australian Owned is not required under its rules to refund any fees, however so that we can meet reasonable expectations regarding refunds and remedies, we ensure full compliance with the Australian Consumer Law.

If you have any questions arising which are not addressed in this Policy, please feel free to contact us using the methods described at the end of this Policy under the heading “Contact us”.

Client satisfaction is our priority:

At Australian Owned, client satisfaction is our priority.

As stated, Australian Owned is not required under its rules to refund any fee payments however, in good faith we will consider such an option where it is determined, after an extensive review by our staff, that a service which has been paid for, has failed.

It is important to note that you cannot seek a refund if you change your mind.

Further, In applying for Australian Owned certification, you acknowledge that we conduct unique processes in order to maintain credibility of the services we provide. Whereupon, after all processes of due diligence are conducted, your organisation fails to achieve certification, you cannot seek a refund.

How to request a refund:

You may contact us to discuss a refund using the details at the end of this Policy. You may be required to present a government issued identification document in order to be eligible for a refund.

Contact us:

Please address all correspondence to:

The Refund Officer Unit 2/209 Leitchs Road Brendale QLD 4500 T 07 3924 6393 | E [email protected]

Miscellaneous:

This Refund Policy is accurate at June 2022. We may change this Refund Policy from time to time without notification. Although we intend to observe this Refund Policy at all times, it is not legally binding on Australian Owned in any way. From time to time we may regard it as necessary or desirable to act outside the policy. Australian Owned may do so, subject only to any statutory rights you may have under the Australian Consumer Law or other applicable legislation.

COLLECTION STATEMENT

We use your personal information to deal with your enquiry. We may disclose your personal information to our related organisations, anyone we appoint to do something on your behalf and other organisations that assist us with our business.

You can find information about how we handle your personal information by going to our Privacy Policy or by calling [1300 287 696](tel:1300 287 696).

1. Introduction This Privacy Policy describes the personal information that may be collected by Australian Owned Pty Ltd ABN 72 640 496 260 (‘AO, ‘we’ or ‘us’), the choices you can make about your personal information and how we protect your information.

In this Privacy Policy, personal information is any information that could be used to identify you or be used to establish your identity.

To meet your expectations about privacy and confidentiality AO has operational processes and procedures to comply with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth).

By visiting our website (www.ausowned.com.au or other related websites “Sites”), you are accepting the practices described in this privacy policy. Please note that this policy does not extend your rights or AO’s obligations beyond those defined in the legislation listed above. Should there be any inconsistency between this policy, and the APPs, this policy shall be interpreted to give effect to and comply with the legislation.

If you have any questions not addressed in this policy, please feel free to contact us using the methods described at the end of this policy under the heading “How can I contact AO?”.

Our websites contain links to third party websites. We are not responsible for the privacy policies of those other websites. We recommend you review the privacy policies of each site you visit.

2. What personal information do we collect? AO collects personal information that you provide directly to AO as well as information from publicly available sources and third parties. We may ask for a range of personal information to assist us in assessing applications and providing the relevant services. The information we may request includes (but is not limited to) name, address, contact details, or any other personal information you provide us which is relevant to your application, query or service. If you hold a licence to use the AO logo, we may collect additional personal information including information about how you use the logo.

If at any time you provide us with the personal details of someone else (e.g. a business partner, spouse), you must ensure that the person has read and understood this privacy policy and separately consented to his or her personal information being used and disclosed to us by you for the purposes detailed in this policy.

3. Sensitive Information We do not generally collect sensitive information about you unless required by applicable laws or rules. Sensitive information includes, but is not limited to, information relating to, race, political or religious beliefs, sexual preferences, criminal convictions and, health information.

The APP set out restrictions about the way sensitive information can be used. Unless you give us your consent, or if we are required or permitted by law, we will only use or disclose sensitive information for the purposes for which it was provided.

4. Why do we collect personal information? AO only collects personal information that is necessary to carry out our primary business activities, including providing you with information and general marketing activity about our products and services, including our referral services.

5. How do we collect your personal information? We may collect personal information from you when you make an application to AO, make enquiry regarding services, request information regarding our services, visit our websites, or otherwise interact with us.

We will endeavor to only collect your personal information directly from you. However, there are circumstances where we will be required to collect your information from third parties. We may collect personal information about you from other parties including third parties who have agreed to provide this information to complete your application assessment.

6. How do we use your personal information? AO may collect, use and disclose your personal information to:

Efficiently administer and manage the products and services we provide to you; Provide you with information about other products and/or services that may be of benefit to you; Respond to your queries, administer your Licence to use the AO logo; Operate our business; Where we believe the law requires or permits us to do so; or With your consent.

7. Who do we disclose personal information to? The types of organisations we may disclose your information to are:

Our agents, contractors or third party service providers that provide financial or other services in connection with the provision of our primary business activities;

Our agents, contractors or third party service providers that provide financial, legal or other services in connection with the operation of our business;

Our program partners who provide goods and services for the AO Licence.

8. Securing Your Data We take reasonable steps to protect all information which we hold (including your personal information) from misuse, loss, unauthorised access modification or disclosure. However, security of communications over the Internet cannot be guaranteed, and therefore AO cannot provide absolute assurance that information will be secure at all times.

AO have implemented security measures to protect the personal information we hold from unauthorised access.

9. Website Information Collection & Usage Practices You can access our home page and browse our website without disclosing your personal information. When you access the site or services, we may collect the following information:

Personal Information – We collect Personal Information when you knowingly provide it, including when you provide feedback or request information.

Non-Personally Identifiable Information – AO automatically receives and records certain “traffic data” on its server logs including your IP address, browser type, browser language, the page you requested, the date and time of this request, your communications and interactions with other site registrants and the page you visited immediately prior to visiting this site. You understand that AO uses this data to help diagnose problems, analyse trends and develop marketing material communications.

Cookies – We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). Cookies are small text files stored in your browser. You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is being sent. Most browsers accept cookies by default. If you set your browser to not accept cookies, it will not prevent you from accessing the Sites, however it may prevent you from utilising all features of the Sites.

10. Direct Marketing From time to time we may use the personal information we collect from you to identify particular AO products and services which we believe may be of interest to you. Our communication to you may be sent in various forms such as mail, SMS, and email. You consent to us sending you marketing communications. If you indicate a preference for a method of communication, we will endeavor to use that method wherever practical to do so. If you do not wish to receive information about our products and services, you may notify us using the contact details provided below or by using any opt-out facilities provided in the marketing communications.

11. Requests for Access If we collect your personal information, you have the right to request access to your personal information

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request an amendment of it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it and provide upon request, AO’s reasons for denial of access or a refusal to correct personal information.

If you have any questions in relation to our information handling procedures, or you would like to request a copy of our Privacy Policy, or you wish to lodge a request for access or amendment to the personal information we hold, or you wish to opt out of receiving direct marketing material, please contact the Privacy Officer at the address set out below.

12. How can I contact AO? Please address all correspondence to:

The Privacy Officer Unit 2/209 Leitchs Road Brendale QLD 4500 T 1300 287 696 E [email protected]

13. Miscellaneous This policy represents our policy at March 2021 We may change this Privacy Policy from time to time. Although we intend to observe this privacy policy at all times, it is not legally binding on AO in any way. From time to time we may regard it as necessary or desirable to act outside the policy. AO may do so, subject only to any statutory rights you may have under the Privacy Act 1988 or other applicable legislation.

Thank you for visiting the ausowned.com.au website (Site). The Site is maintained by Australian Owned Pty Ltd (ABN 72 640 496 260) (AO) for your information and convenience.

By using the Site you agree to be bound by the following terms and conditions (Terms). Please read them carefully.

Information Disclaimer AO does not warrant the accuracy or completeness of any information supplied on the Site. The information is subject to change without notice at any time. No warranty is made that any information on or linked to this Site is complete and/or accurate. All information contained on the Site in respect of any goods or services does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the products or services by the certified business, which may change from time to time.

Copyright and Trademark Notice This Site is owned and operated by AO. Unless otherwise specified, all material appearing on this Site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively Content) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Trademark™ Australian Owned Pty Ltd, ALL RIGHTS RESERVED. All audio and video clips are the sole property of AO or their respective content providers. All software used on the Site is the sole property of AO or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without AO’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

Disclaimer for Use of Site You expressly agree that you use the Site at your sole risk. In no event will AO, its directors, officers, employees, representatives, and third-party content providers warrant that the site will be uninterrupted or error-free. In addition, AO does not make any warranty as to the results that may be obtained from the use of the Site, or use of the information, content, service, or products provided through the Site.

Further, AO explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. AO is not responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Except in the case of any liability that cannot be excluded by law, AO, its directors, employees, representatives or any other party involved in creating, producing, or distributing the Site will not be liable for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to:

• the use of or inability to use the Site;

• the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site;

• unauthorized access to or alteration of your registration information, transmissions or data;

• statements or conduct of any third party on the Site;

• negligent or wilful acts of AO, its directors, officers, employees and representatives; or

• any other matter relating to the Site.

You agree to indemnify and hold AO, its related bodies, corporate, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.

Security of registration information If use or access to any part of the Site is subject to a logon system, you are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

Your conduct You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

Our rights AO may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind:

• to satisfy any law, regulation, or government request;

• if such disclosure is necessary or appropriate to operate the Site; or

• to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors.

We are not responsible for screening, policing, editing, or monitoring such Content.

AO may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, or AO.

Linking and framing Links to external sites from this Site are provided for convenience only and AO does not endorse or make any warranty with respect to such external sites.

Site availability AO does not warrant that the Site will be available at any time. Users acknowledge that the Site may be unavailable for a number of reasons, including due to matters beyond AO’s control, and shall not hold AO accountable in respect of any claims arising there from. AO does not warrant that users’ access to the Site will meet any particular performance criteria.

Applicable law As far as legally possible this Agreement, its terms and conditions and the Use of this Site shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the laws of the State of Queensland.

Termination These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

General information These Terms of Use constitute the entire agreement between AO and you and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.