Legals

Terms and Conditions – BananaLab

  • Introduction

This website is owned by Private Sale Pty Ltd (ABN 14 603 829 303) (“BananaLab”). By accessing or using this website and our services, you agree to these Terms and Conditions, which include our Privacy Policy (‘Terms’). You should review our Terms including our Privacy Policy carefully and immediately cease using our Website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means BananaLab™.

  • About BananaLab
    • BananaLab operates a Website through which customers can purchase a Box containing a Voucher and a Catalogue of Experiences from third party merchants.
    • Vouchers can be redeemed in exchange for Experiences.
    • All Experiences are provided by third party merchants and not by BananaLab.
    • You acknowledge that BananaLab acts as a broker, not an agent, between customers and third party merchants.
    • By using our Website and services, you agree to be bound by these Terms and any applicable terms of Merchants.
  • Definitions
    • Account means an account registered with the Website.
    • ACL means the Australian Consumer Law.
    • Booking means booking an Experience by a Customer.
    • Booking date means the date on which an Experience is scheduled to occur.
    • Box means a box purchased from BananaLab which contains a Voucher and a Catalogue of Experiences.
    • Catalogue means the catalogue of Experiences included in the Box.
    • Customer means a user who purchases a Box through the Website or redeems a Voucher.
    • Experience means an experience or a product provided by a Merchant when a customer redeems a Voucher.
    • Merchant means a third party supplier who provides Experiences.
    • Purchase means a purchase of a Box through the Website.
    • Validity Period means the period during which a Voucher is able to be redeemed as per clause 6.
    • Voucher means a voucher contained in a Box that can be redeemed for an Experience from a Merchant.
    • Website means the BananaLab website located at: BananaLab.com.au
  • Registration
    • Customer
      • You may need to be a registered user to access certain parts of our Website and to make a Purchase.
      • When you register, and activate your account or make a Purchase, we may require personal information such as your name, email address, delivery address and telephone number. You must ensure that this information is accurate and current.
      • When you register and activate your account you are responsible for keeping your username and password secure. You are also responsible for all use and activity carried out under your username.
      • To create an account or make a Purchase, you must:
        • be at least 18 years of age;
        • possess the legal right and ability to enter into a legally binding agreement with us; and
        • agree and warrant to use the Website in accordance with these Terms.
      • Box
        • Purchasing a Box
          • A Customer can browse the Website and purchase a Box.
          • The price of a Box is displayed at the time of Purchase. BananaLab reserves the right to change the price of a Box at any time at our discretion. All prices are inclusive of GST unless stated otherwise.
          • To purchase a Box, a Customer may be required to have an account and make payment through one of our approved methods which will be displayed at checkout.
          • A Customer will receive a notification to their registered email that their Purchase was successful.
          • A Box contains a Catalogue of Experiences as well as a Voucher which can be used to redeem one Experience.
          • All descriptions, images and other details about Experiences contained in a Box are supplied by the Merchant. BananaLab neither verifies nor takes any responsibility for their accuracy.
        • Deliveries
          • BananaLab offers several delivery methods which will be displayed at the time of checkout. You may be charged a delivery fee depending on the method you select.
          • BananaLab accepts no responsibility for any damage, loss or delay because of a delivery service. If for any reason your Box doesn’t arrive, please contact us immediately and we can arrange for the Voucher to be emailed to you free of charge.
        • Exchanges or Upgrades
          • If a Customer is unhappy with their Box, they can exchange or upgrade the Box at any time during the Validity Period of the Voucher on the following conditions:
            • the Customer, at their own expense returns the Box to BananaLab via registered post;
            • the Customer includes their name, delivery address, phone number, and email in the returned Box; and
            • the Vouchers in the Box have not been redeemed or lost.
          • You must return the Box in its original packaging as new and in good condition so that it is able to be resold. You must take reasonable care to ensure the Box with the Voucher is not damaged in your possession or in transit.
          • If a Customer requests that a Box be upgraded or exchanged for a Box with a higher value, the Customer must pay the difference in value. No refunds will be provided if a Customer exchanges a Box to one of lower value.
          • The Validity Period of Vouchers provided in an exchange or upgrade will be the same as the Validity Period of the Voucher provided in the original Box.
          • A Customer can only request one exchange or upgrade. Any further requests will be denied unless we decide otherwise. This is at our  absolute discretion.
          • BananaLab will not be liable for any loss suffered due to an act or omission of a courier company or postage provider.
          • You can view our full return policy at bananalab.com.au/policy
        • Box refunds, cancellations and disputes
          • Bananalab wants to ensure that you are satisfied with your Purchase and therefore a Customer can request a refund within 21 days of Purchase if they are not satisfied with the Vouchers contained in a Box. You must provide valid proof of Purchase with your refund request.
          • If a Customer has redeemed a Voucher they waive their right to a refund under clause ‎5.4(a).
          • Any refund issued will only be for the cost of the Box and will not include any other transaction, postage or delivery fees.

 

  • Vouchers
    • Voucher Validity Period
      • Unless stated otherwise on the Website, a Voucher must be redeemed within 12 months from the date of Purchase.
      • Vouchers will not be accepted for redemption after this period unless agreed to by BananaLab and/or the Merchant at their discretion.
      • You cannot extend a Voucher which has been expired for more than 6 months.
      • Please contact us for more information about the extension procedure at [email protected]
    • Redeeming Vouchers
      • By Redeeming a Voucher, a Customer agrees to be bound by these terms.
      • To Redeem a Voucher, a Customer must provide their email address together with the following details to the Merchant:
        • Voucher Expiry date;
        • Voucher number;
        • Voucher security code;
        • Experience identification number.
      • A Voucher will contain instructions as to how it can be redeemed.
      • The Customer will receive an email confirmation that their Voucher has been redeemed successfully.
      • The Merchant may charge a deposit at the time of redeeming the Voucher or to book your Experience.
      • BananaLab takes all reasonable precautions to ensure that the information contained in the Catalogue is correct and up to date, however, it takes no responsibility in this regard. The Merchant will provide any further relevant information or changes in relation to the Experience at the time of redeeming the Voucher.
      • Once a Voucher is redeemed, you will be bound by any terms and conditions of the Merchant.
      • The cost of transportation to and from the venue of the Experience is not included in the Voucher.
      • By redeeming a Voucher the Customer:
        • is responsible for making sure they are aware of the Merchant’s terms and conditions and that they also comply with the Merchant’s terms and conditions;
        • must maintain all necessary insurance coverage to participate in the Experience.
      • If the Customer requires any further information in relation to an Experience, then they must contact the relevant Merchant directly.
    • Lost, Stolen or Fraudulent Boxes and Vouchers
      • BananaLab takes no responsibility if a Customer loses a Box or Voucher. It is the Customer’s responsibility to ensure that the Box and the Voucher are kept safe and to provide BananaLab with all necessary information if a replacement is requested.
      • BananaLab may, at its discretion, offer a replacement Box or Voucher provided the Customer can show:
        • a valid proof of purchase; and that
        • the Voucher is valid and has not been redeemed.
      • BananaLab and its Merchants will not honour any stolen or counterfeit Voucher or a Voucher that has been distorted in any way.
    • Bookings
      • Merchant Availability
        • Bookings for Experiences are subject to the Merchant’s availability.
        • We recommend that you book at least 3 weeks in advance. If you would like to book during peak times (weekends or holidays), we recommend that you book further in advance and contact the Merchant to confirm availability.
      • Session duration
        • Information about the Experience’s duration is provided by the Merchant and is approximate. Any programs given to the Customer about the Experience are indicative only and any order of events included may vary from time to time.
        • A Customer will be treated in the same manner as the Merchant’s other customers and acknowledges that there may be a waiting list or other delays.
      • Weather conditions
        • Some Experiences are dependent on weather conditions and therefore we recommend that the Customer checks the weather forecast for the date of the Booking.
        • BananaLab will not reimburse any costs (travel, accommodation or other expenses incurred by you, the Merchant or any other person) in the event of a cancellation due to inclement weather.
      • Other Requirements
        • BananaLab makes reasonable efforts to list any Voucher restrictions in the Catalogue. These may include, but are not limited to:
          • Health requirements;
          • Age requirements; or
          • Level of experience.
        • Please read restrictions and other requirements carefully before choosing an Experience.
        • Customers must confirm all requirements or restrictions at the time of redeeming a Voucher directly with the Merchant.
        • BananaLab will not be held liable for any issue related to Merchant’s requirements and restrictions.
        • Some Merchants may be able to facilitate people with disabilities. The Customer can make any enquiries with the Merchant at the time of Booking.
      • Booking cancellations
        • Once a Voucher has been redeemed you must request a cancellation from the Merchant directly. You may be held liable for any charges if you cancel a Booking. Such charges may include the loss of your deposit or cancellation fees. You will be bound by the Merchants cancellation policy.
        • If the Customer cancels a booking, they will be bound by the Merchant’s cancellation policy and may forfeit their voucher.
        • Once a date is confirmed with a Merchant it is not possible to change this date unless the Merchant agrees.
        • If a Merchant needs to cancel a Booking they will contact the Customer directly.
        • BananaLab will not be liable for any costs (travel, accommodation or other expenses incurred by the Customer, the Merchant or any other person) in the event of a cancellation.
      • Booking Disputes
        • If a dispute occurs, the Customer and Merchant agree not to commence court proceedings before making a genuine attempt to mediate the dispute.
        • Where a dispute occurs, we reserve the right not to release funds to the Merchant until the dispute is resolved.
        • The Customer and Merchant agree that BananaLab will not be added as a party to any dispute between them. The Customer and Merchant must notify BananaLab of the outcome of any dispute between them.

 

  • Accuracy, completeness and timeliness of information
    • The information on our Website is general in nature and should not be relied upon.
    • The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the ACL, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
    • We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
    • We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We will not be liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
  • Linked Website
    • Our Website may contain links to websites operated by third parties, including Merchants who list on our Website. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or services offered, and have no control over or rights in those linked websites or services.
  • Intellectual property rights
    • Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (“Content”).
    • Your use of this Website or the Content, does not grant or transfer any rights, title or interest to you in relation to this Website or Content. However, we do grant you a licence to access the Website and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.
    • Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
  • Unacceptable activity
    • You must not do any act that we would deem to be inappropriate, unlawful or  prohibited by any laws applicable to our Website, including but not limited to:
      • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
      • using this Website to defame or libel us, our employees, Merchants or other individuals;
      • uploading files that contain viruses that may cause damage to the Website, our property, or the property of other individuals;
      • posting reviews or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or a third party’s systems or network security.
    • If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.
  • Your relationship with BananaLab
    • BananaLab acts as broker for businesses that supply lifestyle, entertainment and leisure Experiences. Merchants supply their Experiences directly to Customers.
    • You acknowledge that BananaLab is not a party to any transactions or supply of services between you and a Merchant.
    • We encourage Merchants to maintain insurance relevant to their Experiences however we make no representations or claims that they in fact do so. It is the Customer’s responsibility to confirm with the Merchant that they hold valid insurance before redeeming a Voucher.
    • BananaLab will not be liable for any breach of contract by the Merchant or a Customer, including, but not limited to any failure by the Merchant to honour a Voucher (due to an insolvency event or for any other reason).
    • All Vouchers are issued subject to each Merchant’s terms and conditions (available upon request to the Merchant). Merchants have their own cancellation policy which the Customer must adhere to.
    • BananaLab makes all reasonable efforts to ensure that Experiences are safe and that Merchants are professional; however, we do not provide any warranties in this regard and we encourage Customers to make their own enquiries. BananaLab will be happy to provide any additional information should the Customer have any questions.
  • Warranties and disclaimers
    • To the maximum extent permitted by law, including the ACL, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
    • We reserve the right to restrict, suspend or terminate, at any time and without notice, your access to this Website or any Content, or restrict you from making a Purchase, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
    • Under the ACL you may have certain rights which cannot be excluded. Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.
  • Liability
    • You understand that all Experiences are supplied by third party Merchants and that BananaLab has no liability for any act, omission or default, whether negligent or otherwise in relation to a product or service supplied by a Merchant.
    • BananaLab has no liability for any loss or damage occasioned by any negligent act or omission of any Merchant or any third party.
    • Where BananaLab’s liability cannot be excluded by law, such liability is limited to the amount paid by the Customer to BananaLab.
    • You will indemnify us and our directors, officers, employees and agents against any loss or liability arising from any claim against you or against us where such loss or liability arises in respect of your conduct or your breach of this Agreement.
    • To the maximum extent permitted by law, BananaLab will not be liable for any direct and indirect loss, damage or expense which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of the Website, or the supply of Boxes or Experiences, loss or damage arising from any breach of our Website security including digital fraud or hacking and/or the fact that certain information or materials contained on the Website are incorrect, incomplete or not up-to-date

 

  • No commercial use
    • This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within this website. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or business.
  • Collection notice
    • We collect personal information about you in order to provide you with our services, respond to enquiries, process your registration and for purposes otherwise set out in our Privacy Policy.
    • We may disclose that information to third parties that help us deliver our services (including Merchants, technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to PayPal, developers and other third parties in order to assist with investigating issues.
    • Our Privacy Policy explains:
      • how we store and use, and how you may access and correct your personal information;
      • how you can lodge a complaint regarding the handling of your personal information; and
      • how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [email protected]
    • By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
  • Force majeure
    • BananaLab will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control. Including but not limited to
      • acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
      • acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
    • How you can contact us
      • If you have any queries about BananaLab, Boxes, Vouchers or Experiences you are able to submit such queries by contacting us at [email protected]
      • Any queries or complaints received by us will be referred for investigation by our team and a response will be provided to you as soon as possible.
    • Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria. If any part of these terms of use is found to be invalid or unenforceable, it shall be severed without affecting the remainder.

Customer Reviews

These terms and conditions applies to CUSTOMER REVIEWS LTD (Registered in England & Wales) 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, Company No. 11364361 and companies and other organizations who installed and activated Customer Reviews for WooCommerce plugin.

Background

(A) Customer Reviews has skill, knowledge and expertise in the collation, presentation and analysis of consumer feedback, market research and reputation management, particularly in relation to businesses with a strong online presence.

(B) The Client operates a business in which customer email addresses are held and linked to a sale or other business transaction. Customer Reviews provides a plugin for collection of reviews and operates a website on which feedback can be displayed through which customers interact with the Client.

1 Consumer Details

1.1 You will provide us with the Consumer Details for all relevant transactions within a period of one month of the transaction date.

1.2 You will ensure that the Consumer Details are accurate and error free as far as is reasonably possible.

1.3 We will use the Consumer Details to send one email only asking for Feedback. We will not make further contact with any Consumer except:

1.3.1. with the previous written consent of you and/or the Consumer;

1.3.2. where details of that Consumer have been provided to us by a third party;

1.3.3. as required by law or by any court, tribunal or administrative body of competent jurisdiction; and/or

1.3.4. to inform the Consumer of a response you have made to his/her comments; and/or

1.3.5. for the purpose of satisfying our obligations under these Terms and Conditions.

2 Rights

All company names, brands and other company trademarks and the website belongs to either Customer Reviews or third parties and can only be used for business purposes after a preceding permission from us or third parties respectively. Rights to our free use of contributions are nontransferable, without time limit and with no territorial limits towards us, upon sending the contribution to us. The website’s content cannot be copied and displayed anywhere else on the internet.

3 Indemnity

Customers shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any third-party claim (including any claim or allegation by any governmental authority) that:

(a) the use of any content provided by Customer infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;

(b) Customer Reviews use of Consumer data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or

(c) any email message sent or caused to be sent by Customer Reviews on behalf Customer violates any applicable law, rule or regulation.

Customer shall not bring any claim against Customer Reviews arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Customer shall indemnify Customer Reviews against any loss or damage suffered or incurred by Customer Reviews as a result of any such claim, whether such claim is brought by Customer, any of Customer’s affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.

4 Limitation of Liability

4.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.

4.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential or special Loss whatsoever.
Affiliate Agreement

This agreement describes the terms and conditions for participation in the PRIVATE SALE PTY LTD affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, “PRIVATE SALE PTY LTD” refers to PRIVATE SALE PTY LTD, Inc., a Delaware Corporation, with whom you are entering this agreement. By applying to the PRIVATE SALE PTY LTD affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.

Commissions

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

Payment

An Affiliate can request a payment when their balance reaches a minimum balance of $30 AUD. Payments can be requested every 30 days. Payment processing can take up to 30 days from the request date. Payments will generally be paid out via Direct Bank Transfer.

Refunds

In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.

Usage and Obligations

Affiliates are permitted to use the BANANALAB brand and marketing resources available in the Affiliates section of the BANANALAB application. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.

The Affiliate will never imply that they are acting on behalf of PRIVATE SALE PTY LTD (company that operates BANANALAB) and will never advertise BANANALAB products directly. The Affiliate will never bid for advertisements that compete with PRIVATE SALE PTY LTD.

The Affiliate will never represent themselves, PRIVATE SALE PTY LTD or their relationship with PRIVATE SALE PTY LTD in a false or misleading way.

The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing PRIVATE SALE PTY LTD.

Term and Termination

Either party has the right to terminate the agreement immediately without prior notice.

If the Affiliate terminates the agreement, no further commissions from PRIVATE SALE PTY LTD will be paid for any past or future customer transactions.

If PRIVATE SALE PTY LTD chooses to terminate the agreement, any balance g will be paid to the affiliate within 60 days of termination.

Governing Law

This Agreement shall be governed, construed, and enforced in accordance with the laws of Australia, without regard to its conflict of laws rules.

Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Australia. An award of arbitration may be confirmed in a court of competent jurisdiction.

Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.5 Personal Information

Our processing of personal data is carried out according to the law of personal data. Users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, which can happen by contacting [email protected] Withdrawal of consent will be considered as a request to be deleted as a user altogether.

We have initiated a number of technical and organizational arrangements to ensure that personal information that is being processed does not delete, disappear, deteriorate or gets into the hands of unauthorized parties.

Client agrees to comply with its obligations under EU Data Protection Directives as a data controller and any other legislation and/or binding regulations implementing or made pursuant to them (“Data Protection Requirements”).

When enabling the Review Collection Services, the Client is – in accordance with the Data Protection Requirements – regarded as a Data Controller of the Consumers’ personal data, which is provided to Customer Reviews. When Client uses the Review Collection Services Customer Reviews is regarded as the data processor. This entails that Customer Reviews shall only act by instructions from Client in regard to the provided personal data about the Consumers. It is the sole responsibility of Client to provide such instructions to Customer Reviews. Customer Reviews shall make the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements. On Client’s request, Customer Reviews will, in line with and to the extent provided for in the Data Protection Requirements, supply Client with sufficient information for Client to assure that the above-mentioned technical and organizational security measures have been made. All data collected and processed about Consumers after a verified copy of a review is published on Customer Reviews website (www.cusrev.com) are processed by Customer Reviews as a data controller.

Customer Reviews is not responsible for and assumes no liability for the Consumers’ conduct on or use of the Customer Reviews Service, including the content published by the Consumers (such content, “User Content”). Customer Reviews does not and cannot control or monitor the User Content and Customer Reviews does not endorse any User Content, nor does the opinions expressed in the User Content represent the opinions of Customer Reviews, its affiliates, or any of its or their officers, directors, employees, contractors or shareholders.

The Agreement shall not be regarded as an approval, endorsement or recommendation of Client, Client’s products or services by Customer Reviews. Client may not market itself or by other way give public declarations in conflict with the above.

Client’s use of the Customer Reviews Service must at all times comply with all applicable laws, rules and regulations. Client warrants to Customer Reviews that its use of the Customer Reviews Service will in no way cause Customer Reviews to violate any applicable laws, rules or regulations or to violate the privacy rights of any third party.

When writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if it is set to publish anonymously.

6 Disclaimer

Customer Reviews does not produce or publish contributions on the website. Customer Reviews cannot be held accountable for the reviews and comments made on the website. If you would like to remove or discuss an issue with the website, please email [email protected]

Customer Reviews accepts no responsibility for the accuracy or completeness of contributions published by registered users on the website, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the website or the following.

Customer Reviews does not read through or edit contribution added to the website and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Customer Reviews will accept no responsibility for the contents of the link in question.

Customer Reviews recommendations and reference to concrete companies, e-shops, etc. is only guiding and Customer Reviews can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar.

Customer Reviews can in no case be made to compensate for use of the website or code, including loss of revenue, working loss, market interruptions, loss of goodwill or similar losses. Furthermore, Customer Reviews cannot be made to pay compensation or similar as a result of errors or downtime.

Customer Reviews reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning.

We reserve the right to delete reviews that are solicited from external websites.

Reviews solicited outside of the Customer Reviews ecosystem may be flagged and moderated.

Affiliate Agreement

This agreement describes the terms and conditions for participation in the PRIVATE SALE PTY LTD affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, “PRIVATE SALE PTY LTD” refers to PRIVATE SALE PTY LTD, Inc., a Delaware Corporation, with whom you are entering this agreement. By applying to the PRIVATE SALE PTY LTD affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.

Commissions

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.

Payment

An Affiliate can request a payment when their balance reaches a minimum balance of $30 AUD. Payments can be requested every 30 days. Payment processing can take up to 30 days from the request date. Payments will generally be paid out via Direct Bank Transfer.

Refunds

In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.

Usage and Obligations

Affiliates are permitted to use the BANANALAB brand and marketing resources available in the Affiliates section of the BANANALAB application. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.

The Affiliate will never imply that they are acting on behalf of PRIVATE SALE PTY LTD (company that operates BANANALAB) and will never advertise BANANALAB products directly. The Affiliate will never bid for advertisements that compete with PRIVATE SALE PTY LTD.

The Affiliate will never represent themselves, PRIVATE SALE PTY LTD or their relationship with PRIVATE SALE PTY LTD in a false or misleading way.

The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing PRIVATE SALE PTY LTD.

Term and Termination

Either party has the right to terminate the agreement immediately without prior notice.

If the Affiliate terminates the agreement, no further commissions from PRIVATE SALE PTY LTD will be paid for any past or future customer transactions.

If PRIVATE SALE PTY LTD chooses to terminate the agreement, any balance g will be paid to the affiliate within 60 days of termination.

Governing Law

This Agreement shall be governed, construed, and enforced in accordance with the laws of Australia, without regard to its conflict of laws rules.

Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Australia. An award of arbitration may be confirmed in a court of competent jurisdiction.

Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules.

Privacy policy – BananaLab

www.bananalab.com.au, BananaApp, and / or any other of BananaLab’s mobile applications which are referred to in this Privacy Policy as (“Web PlatformsWeb Platforms”) are operated by Private Sale Pty Ltd (ABN 14 603 829 303) trading as BananaLab (“BananaLab”) who is referred to in this Privacy Policy as “we”, “us”, “our” and similar grammatical forms.

By using the BananaLab Web PlatformsPlatforms, making an order or registering for an account with us, you are accepting the terms of this Privacy Policy, and you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this Privacy Policy.

We appreciate that your privacy is important to you. BananaLab will continue to protect the personal information you provide us and we will manage your personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.

  1. When do we collect information?

We do not automatically collect personal information from you, such as your name, address, phone number, credit card details, email address or other personally identifiable information about you (personal information). We collect three categories of information when you use our Web PlatformsWeb Platforms:

  • the personal information you voluntarily provide — that is, we collect personal information with your informed consent;
  • anonymous non-personal information about how you use our Web PlatformsWeb Platforms; and
  • “cookie” based information that makes your use of our Web PlatformsWeb Platforms easier by recording your preferences so that when you return to our Web PlatformsWeb Platforms the “cookie” re-loads that information into your web browser.

For example, we will collect personal information from you when you register on our Web PlatformsWeb Platforms, make a purchase, subscribe to our newsletter, respond to a promotional offer, competition or survey or fill out a form related to any customer service feature operating on our Web PlatformsWeb Platforms.

When you become a subscriber to the Web PlatformsWeb Platforms or register to become a member you will need to provide certain details so that we can establish and manage your account.

When you log-in to our Web PlatformsWeb Platforms using your Google or Facebook log-in (or use any other log-in connected to any other social media platform) you are allowing that social media platform to share your personal information with us (that is, your personal information related to your log-in with that social media platform, which may include your email address and other personal information).

  1. Why do we need to collect personal information?

We collect personal information when you volunteer that information in order to receive a service from our Web PlatformsWeb Platforms. The personal information collected on our Web PlatformsWeb Platforms will be used to provide the services you have requested, such as setting up and managing your account on our Web PlatformsWeb Platforms, or processing any order that you make. Your personal information may be used in relation to any survey, promotional offer or any competition you may enter on our Web PlatformsWeb Platforms.

  1. What information do we collect?

The type of information we collect from you will depend on which services on our Web PlatformsWeb Platforms you use. The personal information we may collect includes your name, delivery address, email address, telephone numbers and contact details and information for identification purposes.  If you make orders by credit card or debit card, PayPal or direct debit from your bank account we will collect your card or account details.

General information about visits to our Web PlatformsWeb Platforms is collected by our computer servers, with small files (“cookies”) that our Web PlatformsWeb Platforms transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Web PlatformsWeb Platforms are visited, in what order and how often and the previous Web PlatformsWeb Platforms visited and also to process orders. The anonymous non-personal information that we collect and analyse is not personal information as described in the Privacy Act.

  1. Why do we use “cookies” and other web use tracking technologies?

When you access our Web PlatformsWeb Platforms, a small file containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Web PlatformsWeb Platforms can recognise your computer when you next visit our Web PlatformsWeb Platforms. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address. They merely identify your computer to our Web PlatformsWeb Platforms when you visit us.

We can also log the internet protocol address (IP address) of visitors to our Web PlatformsWeb Platforms so that we can work out the countries in which the computers are located.

We collect information using “cookies” and other tracking technologies for the following reasons:

  • to help us monitor the performance of our Web PlatformsWeb Platforms so that we can improve the operation of the Web PlatformsWeb Platforms and the services we offer;
  • to provide personalised services to each user of our Web PlatformsWeb Platforms to make their navigation through our Web PlatformsWeb Platforms easier and more rewarding to the user;
  • to sell advertising on the Web PlatformsWeb Platforms in order to meet some of the costs of operating the Web PlatformsWeb Platforms and improve the content on the Web PlatformsWeb Platforms; and
  • when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.

Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.

If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.

  1. How do we store your information?

We use different technologies and procedures to help protect personal information from unauthorized access, loss, alternation, disclosure or use.  Some of the safeguards we use are physical access controls, information firewalls and access authorisation controls to where your personal information is held in data centres. We also use data encryption when personal information is transferred to and from our service providers. Our commitment to data security means:

  • we have procedures to limit access to personal information within our organisation;
  • we use security measures and technologies within our organisation to protect your personal information; and
  • we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where credit card information is being transferred.

Our Web PlatformsWeb Platforms are hosted in Singapore. When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. In addition, web traffic information we collect, such as data collected by Google Analytics may be stored overseas.

  1. What use do we make of your personal information?

We will communicate with you in relation to any order you make and in relation to the management of your account with the Web PlatformsWeb Platforms which will include providing you with information about the Web PlatformsWeb Platforms.

We will also may provide your information to experience providers so they can confirm your voucher and provide your experience.

We may send you information and updates about any other product, service or information that we provide to our customers; in addition, we may send you occasional company news and information about other products and services or special promotional offers of our affiliated companies. If at any time you would like to stop receiving future commercial messages from us, we include detailed unsubscribe instructions at the bottom of each email.

We may also release your personal information when we believe release is appropriate to comply with the law, enforce our subscription agreements, Web PlatformsWeb Platforms policies and terms and conditions, or protect the rights, property, or safety of us or others.

  1. How can I access the personal information that you collect?

We are happy to provide you with details of personal information held about you. Pursuant to APP 12, you are allowed to have access to, and correct, the personal information we hold about you.

To access this information, you need to email or write to us using the contact details below.

APP 13 allows you to ask us to take reasonable steps to correct any personal information that is inaccurate, out of date, incomplete, irrelevant or misleading.

If you believe that your personal information has been misused, you can inform us of your complaint by writing to the following address and we will attempt to resolve the matter:

Private Sale Pty Ltd (ABN 14 603 829 303)

email: [email protected]

If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC):

Telephone: 1300 363 992

Email: [email protected]

Web PlatformsWeb Platforms (OAIC complaints page): http://www.oaic.gov.au/privacy/privacy-complaints

  1. Third party links

Our Web PlatformsWeb Platforms may include links to websites operated by third parties. We have no responsibility or liability for the content and activities of these linked websites. Nonetheless, we seek to protect the integrity of our Web PlatformsWeb Platforms and welcome any comment about linked Websites.

  1. Terms and Conditions

Please also visit our Terms of Access to our Website [Thomas, please confirm the URL for the T&C’s] which sets out the conditions of use and limitations of liability governing the use of our Web PlatformsWeb Platforms.

  1. Your consent

By using our Web PlatformsWeb Platforms, you consent to this Privacy Policy.

  1. Changes to our Privacy Policy

If we decide to change this Privacy Policy, we will post those changes on this page, and update the Privacy Policy modification date below.

This Privacy Policy was last modified on 07/07/2017.

Social Media Usage

Social Login

We collect your public profile data only from your consent that you grant before initiating Social Login, from the social network used to login at our website. This data includes your first name, last name, email address, link to your social media profile, unique identifier, link to social profile avatar. This data is used to create your user profile at our website. You can revoke this consent at any time by sending us an email.

Facebook Comments

We embed Facebook Comments plugin to allow you to leave comment at our website using your Facebook account. This plugin may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the commenting interface, including correlating your Facebook account with whatever action you take within the interface (such as “liking” someone’s comment, replying to other comments), if you are logged into Facebook. For more information about how this data may be used, please see Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update

GooglePlus Comments

We use GooglePlus Comments widget at our website for you to be able to comment at our webpages using your GooglePlus account. From this interaction Google automatically collects and store certain information in server logs like IP address, device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request, in accordance with their data privacy policy: https://policies.google.com/privacy

Disqus Comments

We use Disqus Comments widget at our website for you to be able to comment at our webpages using Disqus commenting system. Disqus may collect information about you when you register for and use the Service. Such information may include “Personally Identifiable Information” which means information that identifies you as an individual, such information may include, but is not limited to, your name, email address, telephone number, username or account ID, and “Non-Personally Identifiable Information” which means information that does not identify you as an individual. Non-Personally Identifiable Information may include, but is not limited to, information about your browser, your IP address, device ID, what pages you visit on our Partner Sites, which website you came from, what advertisements you clicked on, whether on our Partner Websites, the Service or other third party websites, and other information about your online activity that does not identify you as an individual, in accordance with their data privacy policy: https://help.disqus.com/terms-and-policies/disqus-privacy-policy

Facebook Comments Moderation

We collect the data related to the Facebook Comment you post, only from  your consent that you grant before posting Facebook Comment at our website. This data includes your Facebook account name, unique Facebook account identifier, unique identifier associated to the posted Facebook comment, unique open graph object identifier of the webpage at which you posted the comment, unique identifier associated to the parent comment if you reply to an existing comment. This data is used to show recent Facebook Comments made all over our website and/or to show the old comments made at non-SSL webpages before we moved our website to SSL. You can revoke this consent at any time by sending us an email.

Facebook Comments Notifier

We send the Facebook Comment you post, to page/post author and/or website administrator via automated email, only from your consent that you grant before posting Facebook Comment at our website. This data includes just the  Facebook comment posted by you.

Social Analytics for Sharing 

We use Google Analytics to track social shares made at our website. Google automatically collect and store certain information in their server logs which includes device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL, cookies that may uniquely identify your browser or your Google Account, in accordance with their data privacy policy: https://policies.google.com/privacy

Facebook Like, Facebook Recommend, Facebook Share official buttons

We embed a Facebook widget to allow you to see number of likes/shares/recommends and “like/share/recommend” our webpages. This widget may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget, including correlating your Facebook account with whatever action you take within the widget (such as “liking/sharing/recommending” our webpage), if you are logged in to Facebook. For more information about how this data may be used, please see Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update

Twitter Tweet official button

We use a Twitter Tweet widget at our website. As a result, our website makes requests to Twitter’s servers for you to be able to tweet our webpages using your Twitter account. These requests make your IP address visible to Twitter, who may use it in accordance with their data privacy policy: https://twitter.com/en/privacy#update

GooglePlus, GooglePlus Share official buttons

We use a GooglePlus widget at our website. As a result, our website makes requests to Google’s servers for you to be able to share our webpages using your GooglePlus account. These requests make your IP address visible to Google, who may use it in accordance with their data privacy policy: https://policies.google.com/privacy

Linkedin Share official button

We use a Linkedin Share widget at our website to allow you to share our webpages on Linkedin. These requests may track your IP address in accordance with their data privacy policy: https://www.linkedin.com/legal/privacy-policy

Pinterest Save official button

We use Pinterest Save widget at our website to allow you to pin images to Pinterest from our webpages. These requests may track your IP address in accordance with their data privacy policy: https://policy.pinterest.com/en/privacy-policy

Buffer official button

We use Buffer widget at our website to allow you to add our webpages to your Buffer account, which collects log data from your browser. This Log Data may include information such as your IP address, browser type or the domain at which you are interacting with the widget, in accordance with their privacy policy: https://buffer.com/privacy

Xing Share official button

We use Xing Share widget at our website to allow you to share our webpages on Xing and this let Xing collate data about you automatically by means of tracking, in accordance with their privacy policy: https://privacy.xing.com/en/privacy-policy

Reddit Badge official button

We use Reddit Badge widget at our website which may log information when you interact with the widget. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), pages visited, links clicked, user interactions (e.g., voting data), the requested URL and hardware settings, in accordance with their privacy policy: https://www.redditinc.com/policies/privacy-policy

StumbleUpon Badge official button

We use StumbleUpon Badge widget at our website which may log information when you interact with the widget. Log Data is a form of Non-Identifying Information, in accordance with their privacy policy: http://www.stumbleupon.com/privacy

BananaLab’s Facebook Giveaway

 

Please read these Sweepstakes rules carefully. If you enter one of our Sweepstakes, we will assume that you have read these rules and that you agree to them.

 

  1. The Promoter is:

Private Sale Pty Ltd Trading as BananaLab™ (ABN 14 603 829 303) of registered office address: 1 Adams Lane, Port Melbourne VIC 3207

The abovementioned companies will be hereafter referred to as the‘Promoter.’

 

  1. Employees of the Promoter or their family members or anyone else connected in any way with the Sweepstakes or helping to set up the Sweepstakes shall not be permitted to enter the Sweepstakes.

 

  1. To enter the Sweepstakes an entrant must be:

(a) Victorian resident; and

(b) 18 years old or over at the time of entry.

 

  1. Closing date for entry will be :

 

1st Draw: 4pm (AEDT) Friday 1st December 2017.

 

2nd Draw: 4pm (AEDT) Friday 8th December 2017.

 

3rd Draw: 4pm (AEDT) Friday 15th December 2017.

 

After these date the no further entries to the giveaway will be permitted.

 

  1. No responsibility can be accepted for entries not received for whatever reason.

 

  1. The rules of the sweepstake and the prize for each winner are as follows:

 

The entrants must “Like” the Giveaway post in the comment section under the post on Facebook prior to each dates mentioned at Section 4 above in order to join the sweepstake.

 

BananaLab will perform 3 draws and will giveaway 1 BananaLab’s Sweet gift box (RRP $149) for each draw.

 

  1. The Promoter reserves the right to cancel or amend the Sweepstakes and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control. Any changes to the Sweepstakes will be notified to entrants as soon as possible by the Promoter.

 

  1. The Promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this Sweepstakes.

 

  1. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

 

  1. Winner will be choosen at random at 1 Adams Place, Port Melbourne on the following dates:

 

1st Draw: Saturday 2nd December 2017.

 

2nd Draw: Saturday 9th December 2017.

 

3rd Draw: Saturday 16th December 2017.

 

  1. The winner will be notified by Email, Messenger or any other method as available. If the winner cannot be contacted or do not claim the prize within 7 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

 

  1. The Promoter will notify the winner when and where the prize can be collected.

 

  1. The Promoter’s decision in respect of all matters to do with the Sweepstakes will be final and no correspondence will be entered into.

 

  1. By entering this Sweepstakes, an entrant is indicating his/her acceptance and agreement to be bound by these terms and conditions.

 

  1. The Sweepstakes and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

 

  1. The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. Please read our Privacy Policy which tells you how we use any personal information we may collect about you by entering a Sweepstakes.

 

  1. The winner’s name will be published on our website and Facebook’s page and all other related social networks.

 

  1. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to the Promoter and not to any other party.