In this Agreement the following terms have the following meaning:
'You' and 'Your' refers to the individual, company, entity, Your heirs, agents or successors contracting Us to use the Product or Service.
'Us', 'We' or 'Our' refers to Simple AS™ which is owned wholly by HiGoTec™ Pty Ltd with ABN: 16 144 867 176, M F Barnes, any person or entity directly or indirectly involved with creating or suppling the Product or Service, any and all resources created, acquired and used directly or indirectly, involved, but not limited to, the production, use, sale and resale of the Product or Service.
'Website' refers to the website located at www.simpleas.com.au and any Websites directly or indirectly linked to it.
The 'Product' or 'Services' refers to anything created or supplied by Us or any Third-party to You including, but not limited to, any Websites or resources involved to produce and supply the Product, Service, Membership, Membership Area, Gift Cards, eGift Cards, movie tickets and other items from time-to-time.
'Member' refers to You after You have made payment to access the Members Area.
'Members Area' refers to the secure part of the Website that You can only access as a Member... also known as the Simple AS™ Ambassador Club.
'Joining Fee' refers to the fee You need to pay to join to get access to the Members Area.
'Membership Fee' refers to the fee You need to pay to continue accessing the Members Area.
'Renewal Day' refers to the day that You paid your Joining Fee and when Your next payment is due. EXAMPLE: if You join on a Monday then Your Renewal Day is a Monday.
'Third-party' refers to anyone that does not fall under the Simple AS™/HiGoTec™ umbrella. NOTE: there are dozens, to hundreds, of Third-parties involved in supplying the Product or Service.
All references in this Agreement to the singular shall include the plural where applicable, and all references to gender shall include both genders and the neuter.
1.1 Membership with Us is for a one (1) week period renewed weekly.
1.2 Membership gives You access to the Members Area of Our Website.
1.3 In the Members Area You will have access to purchase the Product or Service.
1.4 There is a Joining Fee to become a Member which is stated on the Website when You join.
1.5 There is also a weekly Membership Fee to remain a Member which is stated on the Website.
1.6 We reserve the right to change the Joining Fee and Membership Fee at our discretion with, or without, notice.
2. Membership Payment
2.1 You must register a credit or debit VISA or Mastercard with Us to pay Your Joining Fee and weekly Membership Fee.
2.2 When You join we will deduct the Joining Fee from the card supplied and then deduct the Membership fee on Your Renewal Day each week.
2.3 To reduce excessive emails we do not email reminder notices or invoices unless Your payment fails.
2.4 You can access and view all Your invoices in Your Members Area.
2.5 If Your payment fails Your Membership will be immediately suspended until payment is received.
2.6 If a failed payment has not been received by Your next Renewal Day We will process Your missed payments for a total of five (5) weeks or equal to the Joining Fee.
2.7 If Your payment fails a total of five (5) times Your Membership will be terminated.
2.8 All Membership payments are non-refundable.
2.9 All Membership payments are in Australian Dollars and includes all fees, charges and GST.
3. Membership Renewals
3.1 Your Membership will automatically renew on Your Renewal Day each week.
3.2 If You do not want to renew Your Membership You MUST cancel it before Your Renewal Day.
4. Membership Suspension
4.2 If Your Membership is suspended we will notify You via email, give You the reason why and let You know how You can remedy any breach.
5. Membership Reactivation
5.1 If Your Membership has been suspended We will reactivate it when We are satisfied that any issues have been resolved.
5.2 We reserve the right to be the sole arbitrator on reactivating any Membership.
5.3 If there are any payments outstanding they will need to be paid before You can access the Members Area again.
5.4 If Your Membership was suspended due to payment and You remedy this issue and pay Your Renewal Day will remain the same and will not be reset.
6. Membership Cancelation / Termination
6.1 You can cancel or terminate Your Membership at any time in Your Members Area.
6.2 If You cancel or terminate Your Membership You will still have full access to the Members Area until Your Renewal Day.
6.3 If Your Membership has been suspended and payment has not been received for five (5) consecutive weeks We will cancel or terminate Your Membership.
6.4 If Your Membership has been cancelled or terminated the only way to get Your Membership back is to pay the Joining Fee again and continue with Your Membership Fee.
7. Membership Re-joining
7.1 If Your Membership has been cancelled or terminated You can re-join at any time by paying the Joining Fee again and You will have full access to Your Member Area as long as You keep your Membership Fee up-to-date.
8. Membership Deletion
8.1 If Your Membership has not been active for a period of three (3) years Your Membership will be totally deleted from Our system.
8.2 If You terminate Your Membership and want Your Membership totally deleted from Our system please contact Us and request it.
8.3 Even when a Membership is totally deleted there are parts of the Membership We need to keep for tax and legal purposes.
9. Third Parties
9.1 To be able to supply the Product or Service We may use Third-parties.
9.2 We take no responsibility for any Third-party and You indemnify Us from any Third-party claim.
10. Third Party Terms and Conditions
10.1 All Gift Cards, eGift Cards, movie tickets and some other items have Third-party terms and conditions and, in addition to Our Agreement, You are bound by their terms and conditions.
10.2 Most items in the Product or Service have the Third-party terms and conditions on their information page and with Your purchase however some may not and it is Your responsibility to be aware of the Third-party terms and conditions and it is Your responsibility to make sure that Your requirements fit within the Third-party terms and conditions.
11. Payment For The Product Or Service
11.1 As We use many Third-parties there are many different payment options which include, but not limited to;
a) Membership Fees to Simple AS™ via debit or credit VISA or Mastercard shown on Your statement as "Simple AS";
b) Simple AS™ Ambassador Club Gift Card, eGift Card or movie ticket payment to our card processing platform that will show on Your statement as "THE AMBASSADOR CARD";
c) some Third-parties take payment directly and their details will show on Your statement;
d) You can pay Your Simple AS™ Ambassador Club Gift Card, eGift Card or movie ticket via bank deposit to our card bank account which is shown at checkout;
e) from time-to-time we may offer other items for sale which will show on Your statement as shown at purchase.
11.2 Currently we ONLY accept bank deposit (not for Membership and only when stated), VISA and Mastercard debit and credit cards.
11.3 There is no fee to pay via bank transfer however there may be a 1% processing fee for other purchases or as stated on the Website.
11.4 Where You pay a Third-party directly the Third-party may accept other payment options and may have other fee options.
12.1 Most items are sent via email so there are no shipping costs involved.
12.2 If a physical Product needs to be shipped we will notify You of the shipping amount before payment.
12.3 We try to include shipping in all Our pricing.
13.1 Choose carefully as generally there are no refunds unless required by law.
13.2 Where goods are faulty, have been wrongly described, are different to the Product purchased on the Website or doesn't do what it is supposed to do You can choose between a refund, exchange or credit.
13.3 Treat Gift Cards, eGift Cards, movie tickets and other purchases like cash and, if lost or stolen, they cannot be replaced, refunded or cancelled.
13.4 If a refund or return is accepted there may be a restocking fee which will be advised at the time.
13.5 All Membership Fees are non-refundable and non-transferrable however You can cancel at any time any complete the week You have paid for.
14.1 Everything on Our Website is Copyright and must not be copied without written permission.
14.2 Any item on Our Website that is Copyright by someone else is used with permission.
14.3 If You breach Our Copyright You agree to pay $10,000 per breach to Us within seven (7) days of notification.
14.4 If clause 14.3 is enforced and payment has not been received within seven (7) days, in addition to Your responsibilities under clause 14.3, You also agree to pay interest on each breach payment, and any costs incurred, of 12.5% interest, compounding daily and, charged until the date of payment.
15. Intellectual Property
15.1 You agree that everything You use on Our Website and the Product or Service is Our Intellectual Property or We are using under license.
15.2 You agree not to copy, de-compile, disassemble, decrypt, extract, reproduce or otherwise reverse engineer any part of Our Website or the Product or Service.
15.3 If You breach Our Intellectual Property You agree to pay $10,000 per breach to Us within seven (7) days of notification.
15.4 If clause 15.3 is enforced and payment has not been received within seven (7) days, in addition to Your responsibilities under clause 15.3, You also agree to pay interest on each breach payment, and any costs incurred, of 12.5% interest, compounding daily and, charged until the date of payment.
16. Website Activities
16.1 You agree that You will only use the Website and the Product or Service as intended.
16.2 You acknowledge that We may track some, or all, of Your movement on the Website and that we track all Your purchases and Membership information and payments.
16.3 You understand and agree that the Website and the Product or Service is designed to not be fault-tolerant or designed or intended for use where their failure or malfunction could lead to economic damage.
16.4 You indemnify Us for any delay, loss, cost, damage or Third-Party claim arising from Your use of the Website and the Product or Service.
17. Availability and Content
17.1 You agree and understand that We are constantly monitoring Our Website and the Product or Service however as We deal with so many Third-parties it is possible that the Availability of an item may change without notice and the Content of the Website may become out-of-date.
17.2 If an item becomes unavailable and You purchase it before We can update the Website You agree that the item will be cancelled and You will be given a full refund.
17.3 You understand and agree that all Content on the Website and Product or Service is there as a guide only and some information may not be correct or may be out-of-date and You indemnify and hold Us harmless for any incorrect information.
18.1 Except for express undertakings to indemnify and any warranties set out in this Agreement:
a) To the extent permitted by the law, We expressly excludes all conditions and warranties whether express or implied.
b) Notwithstanding any other provision in this Agreement, in no event will We be liable to any party, including You, for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including for loss of profits, income, use, data, or other economic advantage), however it arises, whether for breach of this Agreement or in tort, and even if We have been previously advised of the possibility of such damage. Further, liability for such damages shall be excluded, even if inclusive remedies provided hereunder fail their essential purpose. You will indemnify Us and keep Us indemnified from and against any claims by You and any Third-party for or in respect of such damages.
18.2 We take no responsibility for Your use of the Website, Product or Service.
18.3 You agree that You use the Website, Product or Service "as is" and at Your risk.
19. Written Communications
19.1 If You have an active Membership all Written Communication must be made via the support ticket system, found under "Support", in Your Member Area.
19.2 If You have an active Membership and do not use the support ticket system, found under "Support" in your Member Area, and contact Us directly the communication may not be received.
19.3 If You do not have an active Membership please use the contact page on the Website.
19.4 If You do not have an active Membership and do not use the contact page and contact Us directly the communication may not be received.
19.5 All Written Communication from Us will be delivered to Your email address that We have on file.
19.6 As soon as We send an email to You it will be considered as delivered and received.
19.7 It is Your responsibility to keep Your information up-to-date in the Member Area.
19.8 We log our Written Communication and if You do not receive a Written Communication from Us You take full responsibility and indemnify and hold Us harmless for any action or in-action.
20.1 You acknowledge that We provide the Websites and the Product or Service on a limited and non-exclusive basis and that We provide the Websites and the Product or Service of the same or a similar nature to any other parties.
21.1 We will not be liable to You or to any Third-party for any non-performance or delay in the performance of Our obligations under this Agreement.
21.2 A failure, delay, relaxation or indulgence by either party in exercising any right, power or privilege conferred on the party by this Agreement shall not operate as a waiver of the power or right. A single or partial exercise of any right, power or privilege hereunder does not preclude the further exercise of the same right or the exercise of any other right hereunder. A waiver of a breach does not operate as a waiver of any other breach.
21.3 If any part of this Agreement is held by a court of competent jurisdiction to be invalid, then;
a) where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
b) in any case the offending provision must be severed from this Agreement the remainder of this Agreement shall continue in full force and effect unless such reading down or severance affects the basic nature of this Agreement.
21.4 Should any dispute arise under this Agreement then the parties agree to attempt to resolve the dispute before either of them shall institute proceedings in a court of competent jurisdiction. The party with the grievance shall first serve a notice on the other party setting out the nature of the dispute and stating how the party wants to resolve the dispute. The other party shall respond within fourteen (14) days. If the dispute is not resolved the parties agree to attend mediation within ninety (90) days in an attempt to resolve the dispute. If the dispute is not resolved in one hundred and eighty (180) days the parties shall be at liberty to take such further action as they consider appropriate. The rules relating to this clause and how it will be put into effect shall be in accordance with the dispute resolution rules as set out by The Law Society, Queensland, Australia.
We will NEVER give out your personal information to any Third-party other than to supply the Website, Product or Service where needed. EXAMPLE: when you place an order Your personal information is transferred to the order processing system and the Third-party that is suppling the Gift Card, eGift Card, movie ticket or any other item.
The Privacy Act 1988 (Cth) (the "Privacy Act") applies to Our collection, use and disclosure of Your personal information as well as other applicable laws protecting privacy. Where appropriate, We will handle personal information relying on the employee records exemption and the related bodies corporate exemption in the Privacy Act. Additional consents may be obtained for specific services or certain uses or disclosures of Your information.
Information We Collect
We collect various types of information including:
- information You provide directly to Us;
- information You provide indirectly to Us;
- information We collect about Your use of Our Website, Product or Service; and
- information We obtain from third-party sources.
What We Collect About You
You can choose not to provide Us with certain types of information, however if You do so We may not be able to provide You with certain parts of the Website, Product or Service.
Information You Provide Directly
We may collect information directly from You:
To provide and improve the Website, Product or Service...
Subject to the direct marketing section below, We may also use Your information for marketing purposes. We may sometimes also collect personal information for assessment and analysis of Our market, customers and services, to enable Us to monitor, review and improve the Website, Product or Service which We offer and for internal record keeping.
For surveys, promotions or competitions...
We may collect information from You in customer surveys, prize draws, competitions or promotions. We may also use this information to monitor or improve customer satisfaction and (subject to the direct marketing section below) for marketing purposes.
To assist with Your queries...
You may also choose to provide Us with Your name or other contact details when You call Us by phone, write to Us or email Us, so that We can respond to Your query and send You information about Our Website, Products and Services.
When You use the Website, Product or Service...
As part of our general business operations and administration...
We also collect personal information in relation to Our general business operations and administration. This may include information about individuals who are, or are employed by, our suppliers (including service and content providers), contractors, dealers, related companies, agents, advisors, corporate customers and business partners.
For employment and contracting...
Information About Your Use Of Our Services
In addition to the information You provide, We may collect information about Your use of the Website, Product or Service through software on Your device and other means. For example, we may collect:
Device and online information...
Such as Your hardware model, IMEI number and other unique device identifiers, MAC address, IP address, operating system version, and settings of the device You use to access the Website, Product or Service.
Such as the time and duration of Your use of the Website, Product or Service, search query terms You enter, and information stored in cookies or sessions that We have set on Your device.
Such as Your device's GPS signal or information about nearby WiFi access points and cell/mobile towers that may be transmitted to Us when You use certain parts of the Website, Product or Service.
As part of Our general business operations and administration...
We also collect personal information in relation to Our general business operations and administration. This may include information about individuals who are, or are employed by, Our suppliers (including service and content providers), contractors, dealers, related companies, agents, advisors, corporate customers and business partners.
Information from Third-party sources...
Other information we collect...
We may collect other information about You, Your device, or Your use of the Services in ways described to You in any applicable terms and conditions or collection statements.
Use And Sharing Of Information
We use the information we collect (and may combine it with other information about You) to, among other things:
- Provide the Website, Product or Service;
- Understand the way You use the Websites, Product or Service so that we can improve Your experience; and
- Provide customised content and advertising.
- the HiGoTec™ Group of businesses.
- Business partners, trusted companies that may provide information about products and services You might like.
- Service providers and suppliers, including companies that provide services to, for, or on behalf of Us.
- Law enforcement when We are required to do so or to protect Us and Our users.
How Do We Use Your Information And Why
We may use the information We collect for the following purposes:
- to register You or Your device for the Website, Product or Service;
- to provide the Website, Product or Service features Your request and to operate Our Websites and online platforms;
- to assist with Your queries;
- to provide customised content and make recommendations based on Your past activities;
- to maintain and develop Our business systems, including for testing and upgrading purposes;
- for Our general business operations and administration;
- to register You on Our Website, to administer the Website, Product or Service (including processing any searches or requests for information about Us), and to allow You to use those Services (e.g. blogs, open forums, location-based services and discussion pages);
- for advertising, such as providing customised advertisements and sponsored content and sending You promotional communications;
- for assessment and analysis of Our market, customers and Services (including asking You for Your opinions on the Website, Product or Service and carrying out customer surveys);
- to understand the way people use the Website, Product or Service so that we can improve them and develop new Websites, Products or Services;
- to provide maintenance;
- to conduct customer surveys, competitions, prize draws or promotions, as permitted by law;
- as required or authorised by law; and
- otherwise with Your consent.
To Whom Do We Disclose Your Information And Why
Your information may be shared among Our affiliates.
We also may share Your information with trusted business partners. These entities may use Your information to provide You with services You request, make predictions about Your interests and may provide You with promotional materials, advertisements and other materials.
Service providers and suppliers...
We also may disclose Your information to Our service providers, suppliers, contractors, dealers, distributors, resellers, repair centres, agents, and business partners who help Us deliver the Website, Product or Service to You or provide services for or on behalf of Us, such as companies that help Us with billing or that send emails on our behalf.
Our Professional Advisers...
We may disclose Your information to professional advisors in the course of obtaining professional advice.
Other parties when required or authorised by Law or as necessary to protect the Website, Product or Service and Our interests...
There may be instances when We disclose Your information to other parties:
- to comply with the law or respond to compulsory legal process (such as a search warrant or other court order);
- to verify or enforce compliance with the policies governing the Website, Product or Service; and
- to protect Our rights, property, safety, or any of our respective affiliates, business partners, or customers.
Other parties in connection with corporate transactions...
We may disclose Your information to a Third-party as part of a merger or transfer, or in the event of a bankruptcy. We may disclose Your personal information to anyone to whom our assets or business (or any part of it) is transferred.
Other parties with Your consent or at Your direction...
We offer a variety of choices about how We use Your information. You can make choices about whether to receive promotional communications from Us by following the unsubscribe instructions included in the communication. In some cases, You may be able to make choices in specific Services or when We give You a collection statement.
Offshore Disclosure Of Personal Information
Accessing And Correcting Your Information Or Making A Complaint
You can view and update Your personal information in Your Member Area.
Some information may not be directly linked to Your personal information such as IP addresses and other tracking and usage information.
What Do We Do To Keep Your Information Secure
We have put in place reasonable physical and technical measures to safeguard the information We collect. However, please note that although We take reasonable steps to protect Your information, no website, Internet transmission, computer system or wireless connection is completely secure.
Third-Party Links And Products Or Services
The Website, Product or Service may link to Third-party websites and services that are outside our control. We are not responsible for the security or privacy of any information collected by Third-party websites or other services. You should exercise caution, and review the privacy statements applicable to the Third-party websites and services You use.
We also may make available to You certain products or services developed by Third-parties. We are not responsible for these Third-party products or services.
Third-Parties That Provide Content, Advertising Or Functionality On The Website, Product or Service
Certain third parties may serve advertising or keep track of which advertisements users see, how often they see those advertisements, and what users do in response to them; and
We enable You to share certain materials on the Website, Product or Service with others through social networking services such as Facebook, Twitter, Google+, LinkedIn and other platforms.
If You connect with a social networking service, We may receive and store authentication information from that service to enable You to log in, as well as other information that You allow Us to receive when You connect with these services.
Also, please note that if You choose to connect with a social networking service on a device used by people in addition to You, those other users may be able to see information stored or displayed in connection with Your account on the social networking service(s) with which You connect.
Cookies, Beacons, Sessions And Similar Technologies
Cookies are small files that store information on Your computer, TV, mobile phone or other devices. They enable the entity that put the cookie on Your device to recognise You across different websites, services, devices, and/or browsing sessions. Cookies serve many useful purposes. For example:
- Cookies can remember Your sign-in credentials so You don't have to enter those credentials each time You log on to a service.
- Cookies help us and Third-parties understand which parts of the Website, Product or Service are the most popular because they help us to see which pages and features visitors are accessing and how much time they are spending on the pages. By studying this kind of information We are better able to adapt the Website, Product or Service and provide You with a better experience.
- Cookies help Us and Third-parties understand which ads You have seen so that You don't receive the same ad each time You access the Website, Product or Service.
- Cookies help Us and Third-parties provide You with relevant content and advertising by collecting information about Your use of the Website, Product or Service and other websites and apps.
When You use a web browser to access the Website, Product or Service, You can configure Your browser to accept all cookies, reject all cookies, or notify You when a cookie is sent. Each browser is different, so check the "Help" menu of Your browser to learn how to change Your cookie preferences. The operating system of Your device may contain additional controls for cookies.
Please note, however, that some of the Website, Product or Service may be designed to work using cookies and that disabling cookies may affect Your ability to use the Website, Product or Service, or certain parts of them.
We, along with certain Third-parties, also may use technologies called beacons (or “pixels”) that communicate information from Your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from Your device, know when You have viewed particular content or a particular email message, determine the time and date on which You viewed the beacon and the IP address of Your device. We and certain Third-parties use beacons for a variety of purposes, including to analyse the use of the Website, Product or Service and (in conjunction with cookies) to provide content and ads that are more relevant to You.
We use sessions to store information to make the Website, Product or Service work while You are using them.
Other Local Storage
We, along with certain Third-parties, may use other kinds of local storage technologies, such as Local Shared Objects (also referred to as "Flash cookies") and HTML5 local storage, in connection with our Services. These technologies are similar to the cookies discussed above in that they are stored on Your device and can be used to store certain information about Your activities and preferences. However, these technologies may make use of different parts of Your device from standard cookies, and so You might not be able to control them using standard browser tools and settings.
We may also use or disclose Your personal information to provide You with information about products, promotions, special offers and other information which relates to the Website, Product or Service or which we believe may be of interest to You. We may send You such information by email, telephone, SMS text message and/or any other form of electronic messages, post, fax or smartphone applications, social networking websites or any other method which becomes relevant from time to time.
When You provide Us with information about You, You will usually be given the option to let us know that You do not want that information to be used for direct marketing purposes. You can change Your mind about Your preferences in respect of direct marketing and make choices at any time by following the unsubscribe instructions included in the relevant communication, in Your Member Area or by contacting our Privacy Officer.
If You have any questions or wish to access or correct Your personal information, make a complaint or change Your preferences in respect of direct marketing, please Contact Us.
Additional Information About Specific Services
Additional information may also be provided in applicable terms and conditions and collection statements.
Contacting The Privacy Officer
Please use the support and/or contact section of the Websites or email firstname.lastname@example.org.
1. All images on Our Website are for display purposes only... logos, Gift Cards, eGift Cards, movie tickets and other images may vary.
2. All information on Our Website is accurate and correct when added or updated however there may be updates and changes that have not made it to Our Website yet so all information is a guide only.
3. In no event will We be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.
4. Through this Website You are able to link to other websites which are not under the control of Us. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
5. Treat all purchases like cash and, if lost or stolen, nothing can be replaced, refunded or cancelled... all sales are final.
6. Your Membership Fee includes all fees, charges and GST in Australia.
7. All other purchases, unless otherwise stated, do not include GST... the GST is paid when You use the purchase. EXAMPLE: You buy a $50 fuel card... there is no GST on the $50 fuel card... You go to the servo and use the $50 fuel card... the GST is on the purchase of the fuel and not on the purchase of the card from Us.
8. Every effort is made to keep the Website up and running smoothly. However, We take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical, or any other, issue.