legals

Terms and conditions.

The website https://www.harberinc.com/, and all associated digital platforms, social media accounts, mobile applications (together, the Website), contents, products, materials and services (together, the Services) are owned, operated and provided by WE ARE HARBER PTY LTD trading as Harber inc. ACN 646 655 101 (Harber inc., we, us, our). The term ‘you’ refers to any user or browser of the Website or purchaser of our Services.

The terms and conditions set out in this document and any additional disclaimers, policies and legal notices displayed on our Website from time to time (together, Terms and Conditions) govern the use of the Website and the Services.

The Terms and Conditions explain how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By accessing any information, or using the Services provided on the Website, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing the Website or are using the Services (together, users).

You acknowledge and agree that the use of the Website and Services is at your own risk and that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of the Terms and Conditions, and your use of the Website and Services may be terminated in accordance with the provisions below.

If you are under the age of eighteen (18), you must obtain your parent’s or guardian’s prior consent to use the Website and Services.

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

1.       PERMITTED USE 

Harber inc. prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes Harber inc.’s rights or the rights of others.

You may not use the Website or Services, or any part of them, for any commercial purposes or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your personal use or in a manner not permitted by the Terms and Conditions.

2.       SERVICES DISCLAIMER

Our Website and Services aim to provide interior design, decoration and consultation services. All Services provided by Harber inc. are carried out pursuant to our Code of Conduct below.

The information, content and material contained in or available through the Website and Services are provided for general information purposes only. None of the content on this Website represents or warrants that any method or Service is appropriate or effective for you.

To the extent that we provide any explicit or implied recommendations of any Service, such recommendations are only general and not specific to any situation. The information we provide is not intended to be a substitute for professional financial, legal or building and construction advice, nor do we claim to be an expert in any specific commercial field.

All information provided by us is provided in good faith, though we make no guarantees of any specific results from the use of the Website or Services. We derive our information from sources that we believe to be accurate and up to date as at the date of publication, however, we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our Services or the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome or results.

Testimonials (visual and written) and any publicity materials displayed on our Website or other platforms are examples of real experiences and opinions of people's experiences with us, our Website or Services, and are for illustration only. All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results. 

We may refer to other products, services and/or experts on this Website. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. It is your responsibility to conduct your own research and make your own determination about any such product, service and/or expert.

We may participate in affiliate marketing and may allow affiliate links to be included on our Website. This means that we may earn a commission if/when you click on or make purchases via affiliate links. We will inform you when one of the links is an affiliate link and will only affiliate with products, services and experts that we believe will provide value to our customers and followers. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference or information provided by us and will conduct and rely upon your own research in deciding whether to purchase the affiliate product or service.

3.      CODE OF CONDUCT

Harber inc. endeavours to abide by the following Code of Conduct to ensure that the provision of our Services is held to a high standard and complies with the relevant laws and regulations as they relate to the Services. The Code of Conduct applies subject to the agreed scope of Services to be provided on any project, and any specified qualifications or exclusions.

Standard of performance: We will do all things reasonably required to ensure that the Services are performed with due care, skill and diligence, in a professional and ethical manner, within the scope of our expertise and to each client’s reasonable satisfaction.

Supervision and Instruction: Our consulting services may include coordinating, organising, facilitating and providing a point of contact as required to perform the Services for a project. As Harber inc. not a nominated supervisor, licensed building contractor or licensed building specialist, in accordance with the Home Building Act 1989 (NSW), the Services will not include supervising trade or building work in New South Wales or any other State or Territory in which the Services are provided. Harber inc. will do all things reasonably required to ensure that all contractors, tradespersons and builders who are responsible for the compliance, safety, supervision, daily direction, control, quality or outcome of any building work or are otherwise engaged to provide any services pursuant to the provision of the Services, hold building contractor, specialist licences or certificates (as applicable) if required under the Home Building Act 1989 (NSW) and pursuant to the Home Building Regulations 2014 (NSW) or comparable legislation in the State or Territory in which the Services are provided.

Compliance: We will do all things reasonably required to ensure that all kitchen, bathroom and laundry work is undertaken by Harber inc. or contractors, suppliers, tradespersons and/or builders engaged to complete any Services in accordance with the Building Code of Australia, applicable mandatory Australian Standards and relevant applicable laws in New South Wales or the State or Territory in which the Services are provided. Harber inc. will also do all things reasonably required to ensure that all products and furniture comply with relevant mandatory product safety standards under the Australian Consumer Law, the requirements of the Australian Competition and Consumer Commission and Product Safety Australia and all relevant applicable laws of New South Wales or the State or Territory in which the Services are provided.

Design, Drafting and Approvals: All design materials provided by Harber inc. are conceptual in nature, intended to set forth design intent and are not to be used for engineering or construction purposes. They do not include modifications to structural, heating, air-conditioning, plumbing, electrical, ventilation or other mechanical systems that may be included in any project. All sketches, illustrations and drawings created or provided by Harber inc. are for proof-of-concept purposes only. All technical drawings with accurate check-measure dimensions and size designations are subject to verification and specifications as drafted by architects, draftspersons, licensed surveyors, engineers, joiners, carpenters, builders and/or other qualified tradespersons, and Harber inc. makes no guarantees or warranties in relation to any technical drawings, works or finished construction project. Our client and not Harber inc. is responsible for obtaining any assessment or approval of issued plans, residential building approvals, waste management plans, survey reports, council reports, planning controls, council approvals, DA or CDC applications or any planning instruments and/or lodging of application documentation required in connection with any works from licensed certifiers or appropriate experts.

Workplace Health and Safety: In providing the Services, Harber inc. will do all things reasonably required to comply with the requirements set out in the Work Health and Safety Act 2011 (Cth) and all applicable State or Territory work health and safety laws and maintain, as far as is reasonably practicable and where applicable, a safe working environment and safe systems of work.

4.      ENQUIRIES, REGISTRATION AND SUBSCRIPTION

By making an enquiry via the form on the Website or using our Services, you will be added to our email list. If you do not want to remain on our database, you can follow the instructions on the form to update your subscription or data preferences, or unsubscribe from our email communications or email us at any time at angela@harberinc.com.

You agree that all information you provide to us through the Website will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Services. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.

You are responsible for maintaining the confidentiality of your account details and password and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security.

Harber inc. keeps your registration information on a secure server. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our Website and Services to you, to administer our Website and to notify you of products or special offers that may be of interest to you. For more information, please refer to our Privacy Policy.

5.      CONSULTATION BOOKINGS AND APPOINTMENTS

You acknowledge and agree that all personal information which does or may identify you that you provide to us via the Website, by email, in person or in any other way or for any other purpose, which may include, but is not limited to your title, name, age, gender, address and telephone number (Personal Information), will be true, accurate, current and complete. You acknowledge and agree that Harber inc. (and, if applicable any relevant third party of our choosing) will collect your Personal Information for the purpose of booking a consultation appointment and any additional Services or information you may request. You acknowledge that if we cannot collect this and other Personal Information as requested, we will not be able to make your consultation booking and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy.

Whilst Harber inc. makes every effort to avoid clashes and/or cancellation of appointments, Harber inc., at its sole discretion, may cancel or reschedule appointments at any time and for any reason prior to the scheduled time.

We do not offer refunds for change of mind, missed or cancelled consultations. If you cancel a consultation within twenty-four (24) hours of the scheduled appointment time, we reserve the right to retain or charge you all or some of our professional fees for the consultation.

6.      CHANGES TO OUR SERVICES, PAYMENT AND PRICING

Subject to any formal agreement we have with you, our Services may be subject to change without notice. We reserve the right at any time to modify or discontinue any Services without notice at any time and shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any Services. We reserve the right to limit the sales of our Services to any person, region or jurisdiction. All descriptions of Services and pricing on our Website are subject to change at any time without notice, at our sole discretion.

You must pay the Fees as provided in this Website and/or at the rate and in the manner specified in any Design Agreement with you. Harber inc. accepts no responsibility for bank transfers that are declined or not accepted due to disruptions with internet connections or problems with your provider.

Payments for Services must be made to our bank account by direct deposit or as otherwise provided in our invoice in accordance with the due date specified. Where payment is not made by the due date, we may suspend work and the provision of Services under our Design Agreement at our sole discretion and charge interest on outstanding amounts from the invoice due date until the date payment is made, as well as administration fees and costs, as set out in the Design Agreement. If payment is not made by the due date or within any additional rectification period, the Design Agreement may be terminated subject to its terms.

Transactions are processed in AUD figures. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds and/or delivery related to your purchase, are solely between you and that third party. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.

7.      ONLINE COMMUNITY GUIDELINES

The Website and any of our other digital platforms, mobile applications or social media accounts (Communication Services) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website or is in any way connected with the Services.

It is essential to ensure that all our members of our community adhere to the Community Guidelines to maintain a safe and ethical online environment for all. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to a Communication Service. You agree you may not communicate or incite any content or behaviour that is offensive or directly attacks, intimidates or harasses someone based on religion or faith, race or ethnicity, nationality, sexual orientation, age, gender or gender identity or disability. You must not defame, stalk, bully, abuse, harass or intimidate anyone or restrict another user’s use and enjoyment of the community in any way. Harber inc. prohibits negative, dishonest or misleading conduct of any kind that threatens the integrity or security of the community on our platform. You must not create or operate from a user account on social media or any other platform for anyone other than yourself. You must not pretend that you are, or that you represent someone else or impersonate any other individual or entity for any purpose.  

You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive or for any other reason. If it is found, or we have reasonable grounds to believe, that a member of the online community is threatening the safety of the community or has provided information that is not true, accurate, current and complete, we may suspend or terminate their access to the community, refuse future use of the Services and inform the relevant authorities where appropriate. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

8.      THIRD-PARTY LINKS  

The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.

9.      MAINTENANCE

Harber inc. is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of it, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, Internet service providers and other external factors, and therefore we do not guarantee the availability of the Website at all times or at any specific times.

10.   PRIVACY AND SECURITY OF INFORMATION

Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand and agree to our Privacy Policy as updated from time to time.

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

11.   INTELLECTUAL PROPERTY & COPYRIGHT NOTICE

You acknowledge and agree that the Website and the Services contain information, content and material that is owned by us, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth), whether existing under statute, at common law or in equity, now or hereafter in force.

You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Services (and/or associated usernames/passwords) you purchased to any third party or person. In some cases, we may encrypt and/or stamp licence details (including customer name, address, etc.) to ensure additional safety.

Harber inc. respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Services are original content of Harber inc. and do not violate the intellectual property rights of any third parties. All mentions of third parties or third-party intellectual property are for reference only, and we make no claims or association to them or it.

These Terms and Conditions do not transfer any of our intellectual property rights to you or any third parties. You are granted no rights with respect to or license of our trademarks, service marks and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of this Policy. If you infringe our intellectual property rights or those of any third party, we have the right to deny access to or terminate your use of the Services, and to report you to the relevant authorities or take any actions as necessary.

12.   TERMINATION

We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:

(a)                where you are in breach of any of the Terms and Conditions of Use or any related policies;

(b)                where at any time you have committed any act of wilful or serious misconduct;

(c)                 if you fail to pay any fees, payments or expenses properly payable to us for our Services by the stipulated due date;

(d)                where you have created a risk or possible exposure for us;

(e)                where there are unexpected technical issues or problems;

(f)                  at the request of law enforcement or any government authority; or

(g)                upon a request by you.

13.   DISPUTES

In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet to resolve the dispute or if they are unable to do so, they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be confidential and privileged. If the parties do not resolve the dispute, or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternate method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.

14.   WARRANTIES AND LIABILITY

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO, IN THE CASE OF GOODS, AT OUR OPTION, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED, AND, IN THE CASE OF SERVICES, AT OUR OPTION, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS, CANCEL THE SERVICES AT ANY TIME OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES THAT EXCEED THE GREATER OF AUD 100 OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST TWELVE (12) MONTHS.

BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

15.   WAIVERS AND INDEMNITY 

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS AGAINST ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR MISUSE OF THE SERVICES OR TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS AND CONDITIONS OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS AS A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS AND CONDITIONS.

16.   GOVERNING JURISDICTION

The laws of New South Wales, Australia govern these Terms and Conditions, and any access to or use of our Services. You irrevocably agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from those courts to resolve any dispute or claim between the parties arising from or in relation to these Terms and Conditions.

17.   GENERAL 

These Terms and Conditions constitute the entire agreement concerning your use of this Website and the Services and supersede all previous agreements or understandings, whether written or oral, in relation to your use of this Website and the Services.

We reserve the right to amend the Terms and Conditions at any time and to add new or additional terms and conditions on your access to and use of the Website and Services. 

Please check these Terms and Conditions regularly before using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. 

If any part of these Terms and Conditions is held invalid or unenforceable, that part may be severed and the remaining portions of these Terms and Conditions will remain in full force and effect.

If we do not exercise or delay in exercising any rights to enforce performance of any of your obligations under the Terms and Conditions, it is not a waiver of our right:  

(a) to insist on performance of, or claim damages for breach of, that obligation unless we acknowledge in writing that we have waived our rights; and

(b)               at any other time to require performance of that or any other obligation under the Terms and Conditions.

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy policy.

This Privacy Policy describes how we collect, use, process and distribute your information, including personal information which includes certain identifiable information about you, like your name, email, address, telephone number, bank account details, payment information, support or contact queries, online community comments and so on (Personal Information). We will not use or share your information with anyone except as described in this Privacy Policy.

Please read this Privacy Policy carefully. This Privacy Policy may be amended from time to time at our sole discretion, with changes, additions and deletions. You should check this page regularly to ensure that you are aware of any changes. Your continued use of the Website and following any amendments indicates that you accept the amendments. In the event of a material change, we will let you know via email and/or a prominent notice on our Website. By using our Website or its content, you consent to this Privacy Policy as at December 2020, whether you have read it or not.

GENERAL

Who We Are

The Website and its content are owned WE ARE HARBER PTY LTD trading as Harber inc. ACN 646 655 101 (Harber inc., we, us, our). The term ‘you’ refers to the user or viewer of https://www.harberinc.com/ (Website).

Our Principles of Data Protection

Transparency: We are committed to being open, honest and transparent about Personal Information.

Trust: We agree only to use Personal Information for the purposes we say we will, and for improving the effectiveness and efficiency of our services as described or provided in and/or contemplated by this Website (Services).

Safety: We are committed to keeping Personal Information provided to us secure.

Responsibility: We accept the responsibility of handling Personal Information.

What Information Do We Collect?

When you visit our Website or use our Services, we collect Personal Information. The type of Personal Information we collect will depend on the circumstances of its collection and the nature of your dealing with us. This Personal Information may include but is not limited to your name, contact details, date of birth, credit and financial information, bank account details, passport and travel documents and preferences and opinion about our Services.

Sensitive Information

Sensitive information includes information about an individual’s mental health, disability, racial or ethnic origin, criminal convictions, religious affiliation and political affiliation. We will only collect, use or disclose your sensitive information if it is reasonably necessary to carry out our functions or activities, and we have your explicit consent.

The Ways We Collect Your Data

Information you provide to us directly: When you visit or use some parts of our Website and/or Services we might ask you to provide Personal Information to us when you complete an enquiry form, respond to an email offer or to receive a newsletter or participate with us on social media forums. Where appropriate, you will be asked to enter your name, email address, mailing address and/or phone number. By doing so, you are giving this information to us voluntarily, and by providing us with this information you are giving us consent to use, collect and process this Personal Information.

Information we collect automatically: We collect some information about you automatically when you visit our Website or use our Services, like your IP address, device ID, computer and connection information, geo-location information and device type. We also collect information when you navigate through our Website and Services, including what pages you looked at and what links you clicked on. This information gives us a better understanding of how you are using our Website and Services so that we can continue to provide the best experience possible, for example, by personalising the content you see.

Cookies: Some of this information is collected using standard cookies and similar tracking technologies. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enable the website or service provider’s systems to recognise your browser and capture and remember certain information. We use cookies to keep track of advertisements and compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future.

We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. If you prefer, you can choose to disable cookies through your own web browser’s settings or have your computer warn you each time a cookie is being sent. Please note disabling this function may cause some of the features on this Website not to work as well as intended; however, you can still contact us via telephone to obtain our Services.

Information we get from third parties: At times we might collect Personal Information about you from other sources, such as publicly available materials or trusted third parties like our marketing and research partners. If so, we use this information to supplement the Personal Information we already hold about you, to better inform, personalise and improve our Services and to validate the Personal Information you provide.

Where we collect Personal Information, we will only process it to perform a contract with you, to make a booking with you, where we have legitimate interests to process the Personal Information and those interests are not overridden by your rights, in accordance with a legal obligation or where you have provided your consent. If we do not collect your Personal Information, we may be unable to provide you with all our Services, and some functions and features on our Website may not be available to you.

How We Hold Your Personal Information

We hold your Personal Information in encrypted electronic forms, in secure databases or cloud-based platforms that we own and operate or that are owned and operated by our service providers. While we take reasonable steps to protect the security of your Personal Information, data protection and security measures can never be guaranteed. We therefore cannot guarantee the security of your Personal Information.

What Do We Use Your Personal Information For?

We mostly use your Personal Information to operate our Website, provide you with any Services you have requested and to manage our relationship with you. We also use your Personal Information in the following ways:

To communicate with you: We may provide you with information you have requested from us or information we are required to send to you and to respond to your enquiries, comments and applications.

We may communicate with you about changes to our Website and Services, security updates or for assistance with using our Website and Services. We may communicate about and administer our products, Services, events, online webinars, podcasts, programs and promotions (such as by sending transactional emails if you have made purchases).

We may send you marketing materials we think you may be legitimately interested in, to ask you for feedback or to take part in any research we are conducting (which we may engage a third party to assist with).

To personalise your experience: Your Personal Information helps us to better respond to your individual needs.

To enhance our Website and Services and develop new ones:  By carrying out technical analysis or the tracking and monitoring of the use of our Website and Services, we can improve and optimise your user experience.

To support you and improve customer service: Your Personal Information helps us to effectively respond to your customer service requests and support your needs.

To administer a contest, promotion, survey or other site feature.

To protect you: So that we can make sure everyone is using our Website in accordance with our permitted uses, and so we can detect and prevent any fraudulent or malicious activity.

To market to you: In addition to marketing communications, we may also use your Personal Information to display targeted advertising to you online. Through our own Website, through third-party websites or through social media platforms, we carry out profiling activities to learn more about you and offer you tailored advertising based on your behaviour on our platforms. You can opt-out of Google Analytics® at any time. For more information on opting out of being tracked by Google Analytics® across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

To analyse, aggregate and report: We may use the Personal Information we collect about you and other users of our Website and Services (whether obtained directly or from third parties) to produce aggregated and anonymised analytics and reports, which we may share publicly or with third parties.

To send periodic emails: The email address you provide may be used to send you information and updates pertaining to any order you may have made or Service you may have used or related Services, in addition to sending you occasional Harber inc. news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

The legal basis for processing your Personal Information as described above will typically be one of the following:

(a)         your consent;

(b)         performance of a contract with you or a relevant party; or

(c)         our legitimate business interests or compliance with our legal obligations.

Security: How Do We Protect Your Personal Information?

Security is a priority when it comes to your Personal Information. We are committed to protecting the information you provide us. To prevent unauthorised access or disclosure, to maintain data accuracy and to ensure the appropriate use of Personal Information, we have put in place appropriate physical and managerial procedures to safeguard the information we collect.

We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. This security measure is working when you see either the symbol of an unbroken key or closed lock (depending on your browser) on the bottom of your browser window. However, we cannot guarantee that your Personal Information will always be secure due to technology or security breaches. If we become aware of a high-risk data breach, we will notify you (and the appropriate authority) within seventy-two (72) hours.

How We Can Share Your Personal Information

We may share your Personal Information with third parties whom we trust, whom we are affiliated with and whom we are required to provide it to for the purpose of fulfilling the Services. We do not sell, trade or otherwise transfer your Personal Information to outside parties. However, we may sell, trade or otherwise transfer your Personal Information to third parties who assist us in operating our Website, conducting our business or servicing you, so long as those parties agree to keep such Personal Information confidential. For example, third-party service providers and partners who assist us with the functionality of the Website or Services or to deliver, market or promote our goods and Services to you.

We may use third-party browser and mobile analytics services like Google Analytics® on the Website. These services use tools to help us analyse your use of our Website including information like the third-party website you arrive from, how often you visit, events within the Platforms, usage and performance data and purchasing behaviour. We use this data to improve the Website and provide information, products and Services that may be of interest to you.

We may also release your Personal Information when we believe release is appropriate to comply with the law, enforce our site policies or protect our or others’ rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other uses.

We may be required to provide your Personal Information to regulators, law enforcement bodies, government agencies, courts or other third parties where it is necessary to comply with applicable laws or regulations or to exercise, establish or defend our legal rights. Where possible and appropriate, we will notify you of this type of disclosure.

Your Personal Information may be shared with an actual or potential buyer (and its agents and advisers) in connection with an actual or proposed purchase, merger or acquisition of any part of our business. We will only disclose your Personal Information to other third parties where we have obtained your consent.

Direct marketing

Direct marketing means using your Personal Information to contact you via the phone, SMS or email to promote our Services. You acknowledge that by providing us with your Personal Information, we, our related entities and/or business partners may contact you to promote and market our respective products and Services. You can opt-out from being contacted by us, our related entities or business partners for direct marketing by emailing us at angela@harberinc.com at any time to receive a Personal Information Request or Preference Update Form, or you can follow the unsubscribe instructions contained in the email communication.

Data Controller and Data Processors

We are the data controllers as we are collecting and using your Personal Information. We use trusted third parties as our data processors for technical and organisational purposes, including for payments and email marketing. We make all reasonable efforts to ensure our data processors are GDPR-compliant.

International Data Transfers

In order for us to provide products and our Services to you, your Personal Information will be collected and processed in Australia. By providing us with your Personal Information, you consent to us using third parties located overseas to store your Personal Information and acknowledge Australian Privacy Principle 8.1 does not apply to any such use. When we share data (to the extent that we do from time to time), it may be transferred to, and processed, in countries other than the country you live in.

Where data is shared with third-party data processors in other countries, we put reasonable safeguards in place to ensure your Personal Information remains protected. However, we note that your Personal Information will be captured, transferred, stored and processed in accordance with their policies, practices and in compliance with their local regulatory laws.

For those in the European Union (EU), this means that your data may be transferred outside of the European Economic Area (EEA). Countries outside of the EEA do not always offer the same levels of protection to your Personal Information so European law has prohibited transfers of Personal Information outside of the EEA unless the transfer meets certain criteria. Whenever we transfer your Personal Information out of the EEA, we do our best to ensure a similar degree of security of the data.

Where your Personal Information is transferred outside the EU, it will only be transferred to countries that have been identified as providing adequate protection for EU data or to a third party where we have approved transfer mechanisms in place to protect your Personal Information. If we use US-based providers that are part of the EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place. If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

Anti-Spam Policy

We will always provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the bottom of all emails. We will not share your email address without your consent.

Third-Party Websites

We may provide links to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Information.

Children’s Online Privacy Protection Act Compliance and Minors

We do not knowingly collect any personally identifiable information from anyone under sixteen (16) years of age in compliance with COPPA (Children’s Online Privacy Protection Act (USA)), the Australian Privacy Act 1988 (Cth) and the GDPR (General Data Protection Regulation of the European Union). If you are under the age of sixteen (16), you must ask your parent or guardian for permission to use this Website.

Online Privacy Policy Only

This online Privacy Policy applies only to information collected through our Website and not to information collected offline.

Retention

We will retain your Personal Information for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, we will make sure it is deleted or is converted to aggregate data.

Your Consent

By using our Website, you consent to our online Privacy Policy.

Your Rights

You have the right to ask us not to send you marketing emails at any time by emailing us at angela@harberinc.com to receive a Personal Information Request or Preference Update form, or you can simply follow the unsubscribe instructions contained in the email communication.

You have the right to know what Personal Information we hold about you, and to make sure it is correct and up to date.

You have the right to request a copy of your Personal Information or ask us to restrict processing your Personal Information or delete it.

You have the right to object to our processing of your Personal Information.

You have the right to ‘be forgotten’ and request we erase your Personal Information.

You can exercise these rights at any time by sending an email to angela@harberinc.com and we will respond to you within thirty (30) days.

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one (1) month. Occasionally it may take us longer than one (1) month if your request is particularly complex or you have made several requests. In this case, we will notify you.

Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page.

Contacting Us

If you have any questions regarding this Privacy Policy or wish to contact us about what Personal Information we hold about you or you have feedback for us on our Privacy Policy, our Website or Services, you can contact us at any time at angela@harberinc.com.

If you wish to make a complaint, you can email us at angela@harberinc.com. We will review and investigate your complaint and get back to you.

You can also submit a complaint to the Privacy Commissioner or local authorities, which will advise you how to submit a formal complaint.