FREECHOICE Terms and Conditions
FREECHOICE General Disclaimer
FREECHOICE is not liable, under any circumstance, for any loss suffered in connection with the use of these websites or a linked website. This general disclaimer is not restricted or modified by any of the following.
Whilst every attempt has been made to ensure that the information contained in our websites is accurate, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We reserve the right to change any of the material on this web site at any time. We will not be liable to you or anyone else if errors occur in the information on this web site or if that information is not up to date.
FREECHOICE Copyright and Intellectual Property Rights
All materials and third party logos, brands and trade names displayed on our websites are either the property of, or used with permission by FREECHOICE and protected by copyright. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by legislation, these Terms and Conditions or express written permission from FREECHOICE. You may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display or publish any part of our websites; or commercialise any information, products or services obtained from any part of our websites, without prior written permission from FREECHOICE. The trademarks must not be used or modified in any way without our express written permission or the relevant third party owner. Any unauthorised use of images and third party logos, brands and trade names may violate the relevant Australian copyright laws. All FREECHOICE websites (including all content, insignia, motifs, logos, straplines, website design and style, corporate identity, corporate branding and corporate design, themes and advertising styles across all platforms) remain the unconditional copyright property of Cigarette and Gift Warehouse (Franchising) Pty Ltd.
FREECHOICE Limitation of Liability
Your use of any of the FREECHOICE websites is at your risk. We make no warranties or representations as to its accuracy and, to the extent permitted by law. FREECHOICE specifically disclaims any liability or responsibility, under any circumstance whatsoever, for any errors or omissions in the content on our websites. We will not be liable, under any circumstance whatsoever, for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain, special promotion (limited or unlimited) or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use this web site and the content, whether based on warranty, contract, tort, negligence or any other legal basis, and whether or not FREECHOICE knows of the possibility of such damage.
LINKING TO A FREECHOICE website
You may not create a link to any of the FREECHOICE websites from another website or document without the expressed knowledge and/or written consent from FREECHOICE.
Everything on a FREECHOICE website is provided to you "as is" and, to the extent permitted by law, is provided without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Information on a FREECHOICE website may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. FREECHOICE has a policy of continuous improvement of data and reserve the right to make improvements or changes to its websites without notice. We do not warrant that your access will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use of or result of the use of the material in this site in terms of their correctness, accuracy, reliability or otherwise. You acknowledge that the entire and all costs of all necessary servicing, repair or correction will be your sole responsibility, that may be due to your access, use of, or browsing a FREECHOICE website (including accessing hyperlinks) or your downloading of any materials, data, text or photographic content from any of the FREECHOICE websites. Although hyperlinking to a FREECHOICE website is not allowed, we are not responsible for the content of any website linked to or from a FREECHOICE website. Your linking to any other website is entirely at your own risk and is only provided for your convenience and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. To the extent permitted by law, FREECHOICE disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such websites. The information contained in any of the FREECHOICE websites is intended for use by visitors/ users/ members that are Australian residents. Whilst any of the FREECHOICE websites could be accessed throughout Australia and overseas, FREECHOICE makes no representations or warranties that the content of their websites complies with the laws (including intellectual property laws) of any country outside of Australia. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions. A failure or delay by FREECHOICE to exercise their power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by FREECHOICE does not preclude its future exercise or the exercise of any other power or right.
FREECHOICE Third Party Website Infection (direct or indirect)
You must take your own precautions to ensure that the process which you employ for accessing a FREECHOICE website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. FREECHOICE takes no responsibility for any such damage which may arise in connection with your use of any of its website via the internet.
FREECHOICE Pricing (including Members only areas)
Prices, specials and other cost-based figures, charts, wholesale specials and similar data displayed on a FREECHOICE website are subject to change without notice.
You waive, release, discharge and relinquish any and all claims that you now have or may have against FREECHOICE which may be connected with, arise out of, relate to or are incidental to the use of a FREECHOICE website. You agree to immediately, unquestionably and unreservedly indemnify FREECHOICE and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by FREECHOICE arising out of or in connection with a FREECHOICE website by any other person as a result of your, or any person using your password/s:
(a) act or omission;
(b) breach of these terms and conditions; or
(c) infringement of any Intellectual Property on a FREECHOICE website.
FREECHOICE is committed to protecting the privacy of any personal information held about individuals in accordance with the applicable laws. “Personal information” is information about an identifiable individual, or an individual who is reasonably identifiable, as defined by applicable law. FREECHOICE has implemented measures to comply with its obligations under the relevant Australian privacy laws.
This policy applies to Cigarette and Gift Warehouse (Franchising) Pty Ltd (ABN 055 030 567) and its subsidiaries (“FREECHOICE” or “we” or “us” or “our”), and describes the way that FREECHOICE collects, holds and discloses personal information about individuals. This policy forms part of our Terms and Conditions for use of a FREECHOICE website and other websites operated by us, which you should also read. Privacy statements in relation to FREECHOICE websites and in relation to calls received by our Customer Service line are also incorporated into this policy.
Why does FREECHOICE collect my personal information?
FREECHOICE collects and holds your personal information to allow it to perform its business functions. For example, FREECHOICE may collect your personal information to enable you to participate in a FREECHOICE promotion, for the uses listed below or to allow FREECHOICE to market its current and future products and services to you (whether your original source has come from franchise, vending, employment or other business operations).
What personal information does FREECHOICE hold?
During the course of our business, we may collect personal information from you. If you are a customer of a FREECHOICE franchise, company store or vending venue owner, we may also collect information about you from the distributor or franchise owner. The types of personal information FREECHOICE may collect will depend on the nature of your dealings with FREECHOICE and may (but does not always) include:
- Your name;
- Date of birth;
- Personal and/or work contact details (including phone/fax number/email address, business name and authorised representative name and contact details, address);
- Your product preferences and purchase history;
- Any information about you which you provide to us; and/or
- Payment details (e.g. credit card number).
If necessary, FREECHOICE may also ask you to provide it with additional personal information from time to time, including when you call our Consumer Enquiries line.
What if you don't provide FREECHOICE the personal information it requires?
If you can't, or won't, provide FREECHOICE with the personal information it reasonably requires, FREECHOICE may be unable to provide you with the information, goods or services you have requested.
How does FREECHOICE collect my personal information?
FREECHOICE tries to collect personal information directly from you. That collection generally occurs when you:
- Request information from, or have dealings directly with FREECHOICE or one of its related companies, divisions or departments;
- Participate in a (closed) trade promotion conducted by FREECHOICE or one of its related companies, divisions or departments;
- Participate in a survey conducted by FREECHOICE or one of its related companies, divisions or departments ;
- Purchase merchandise from a website, franchise or company-owned store operated by FREECHOICE or one of its related companies, divisions or departments;
- Access or request information from FREECHOICE’s website or the website of one of its related companies, divisions or departments; or
- Provide information to FREECHOICE’s dedicated customer service room.
In some circumstances however, FREECHOICE may also collect your personal information from other entities covered by this policy or third parties (including FREECHOICE distributors or franchise owners and Managers), but where it does so, it will ensure that it acts in accordance with relevant privacy laws.
FREECHOICE will such take steps as are reasonable in the circumstances (if any) to ensure that you are aware of the purposes for which it collects your personal information. Such notification may be from a FREECHOICE distributor or franchise owner where your information is collected (for disclosure to, or on behalf of, FREECHOICE) by such an entity.
How does FREECHOICE use my personal information?
FREECHOICE uses your personal information for the purpose for which it was collected, including (but not limited to):
- Providing you with the FREECHOICE goods and/or services you request;
- Internally (or closed) promoting and marketing FREECHOICE’s current and future products and services (including to you);
- Informing you of upcoming events, special promotions and offers, discounts and other matters which FREECHOICE considers may be of interest to you;
- Conducting research (including but not limited to client surveys) concerning FREECHOICE’s current and future products or services;
- Administering, reviewing and optimising the performance of FREECHOICE’s franchising, retail, vending, warehousing, information technology or distribution networks (including allocating customers to distributors/franchise owners) and improving the effectiveness of any software used by the distribution network; and
- Improving the operation or navigation of FREECHOICE’s website.
FREECHOICE may also use your personal information for other purposes which are related to those listed above and which will be made clear to you at the time FREECHOICE collects that information, or for such purposes as may be required or permitted by law.
If FREECHOICE uses your personal information for internal direct marketing purposes, all correspondence sent to you by FREECHOICE may give you the opportunity to “opt out” of receiving any further internal direct marketing correspondence. If we use your personal information to send you any direct marketing communications, you have the right to request that we provide you with the source of that personal information. There is no fee for requesting this information. Unless it is impracticable or unreasonable to do so, we will provide you with the source of the personal information.
FREECHOICE Consumer Enquiries Privacy Statement
- Customer Service: FREECHOICE may use the personal information you provide during calls to assist in answering your query or addressing your complaint.
This may include using information you provide to contact you following the call in response to your query or complaint.
- Quality: If your query or complaint relates to the quality of products or services provided by a FREECHOICE franchise, company-owned store, vending venue owner or distributor then the personal information may be used to address that issue with the stockist or distributor in question. Generally, it will not be necessary to identify you when the complaint is raised with the stockist and distributor. If it is necessary, we will seek your consent first.
- Training: FREECHOICE may use the recording of the telephone conversation for internal training purposes.
- Verification: If you have a complaint in relation to the quality of FREECHOICE products then FREECHOICE may retain the recording of the telephone conversation for verification purposes. FREECHOICE may also disclose the recording to third parties, including its professional advisors, in order to address the complaint or any action you may take in relation to the complaint.
Will FREECHOICE give your personal information to anyone else?
In providing you the information, goods or services you request, FREECHOICE may be required to disclose your personal information to:
FREECHOICE’s related companies;
FREECHOICE’s consultants, contractors and service providers performing services including (but not limited to) promotions agencies, advertising agencies, legal and accounting services, credit reporting, mail-house, transport, prize providers, marketing, data analysis and processing and printing services; and/or
FREECHOICE distributors/franchise/company-owned store/ owners
which may operate or hold data in Australia. If FREECHOICE provides your personal information to such a party, FREECHOICE generally requires the third party to protect your personal information in the same way FREECHOICE does. Please note that Australian law may not apply to some of these entities. FREECHOICE may also disclose your personal information to other third parties where it is required or permitted to under any applicable law.
Is my personal information secure?
FREECHOICE takes reasonable steps to ensure personal information it holds about you is protected from risks such as misuse, interference, loss and unauthorised access, use, destruction, modification or disclosure.
No data transmission over the internet is totally secure. As a result, any personal information you send to FREECHOICE over the Internet (including via email) is sent at your own risk.
Your rights of access and correction
The accuracy of your personal information is important. FREECHOICE takes reasonable steps to ensure personal information it holds about you is accurate, complete, up-to-date, relevant and not misleading. If you believe that any personal information FREECHOICE holds about you is incorrect, please contact us on 1300 881 095.
You have a general right to access the personal information FREECHOICE holds about you. You may contact our Customer Service line on 1300 881 095 to request details of your personal information. FREECHOICE can deny your request in some circumstances and if it does so, will provide you with written reasons for that denial. We will take reasonable steps to give access in a way that meets both FREECHOICE’s needs and your needs. While there is no fee for requesting access to the personal information FREECHOICE holds about you, FREECHOICE reserves the right to charge a reasonable fee for the preparation and provision of that information to you.
You also have the right to request the correction of personal information which FREECHOICE holds about you. You may do so at any time by contacting our Customer Service line on 1300 881 095. FREECHOICE does however reserve the right to refuse to correct your information in some circumstances. If FREECHOICE refuses to correct any personal information about you, and subsequent agreement cannot be reached between the parties on this issue, you may request that a note or statement regarding the correction requested be attached to your personal information. We will not charge you a fee for requesting a correction to your personal information, correcting that information or for attaching a statement to your personal information (as relevant). Even if you don’t submit such a request, if we are satisfied that, having regard to the reasons for which we hold your personal information, that personal information is inaccurate, incomplete, out-of-date, irrelevant or misleading, we may take reasonable steps to correct or, in some instances, delete that information.
How do I obtain more information or lodge a privacy complaint?
- Have any concerns or a complaint regarding FREECHOICE’s privacy practices or its management of your personal information;
please contact our Customer Service line on 1300 881 095.
We acknowledge and take very seriously every privacy query and complaint that we receive. FREECHOICE will endeavour to respond to you within 30 business days. If you’re not satisfied with how we might have handled your matter, you may wish to contact the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.