Legals

DISCLAIMER & INTELLECTUAL PROPERTY NOTICE

The Spark & Burnish website provides general information about our business, the brands and designers we represent, their products that we distribute, our services and our business partners.

The Spark & Burnish website contains links to websites of third parties. These links are made available for convenience only, and Spark & Burnish does not endorse the website, information, products, services or the business operating or promoted through any linked websites. Users of or visitors to the Spark & Burnish website access any linked websites at their own risk, and on the understanding they are leaving the Spark & Burnish website. Spark & Burnish has no liability whatsoever regarding the operation, accessibility, content or use of those linked websites or any goods or services promoted or acquired from those websites.

Your use of the Spark & Burnish website must be in accordance with the Spark & Burnish Privacy Policy.

All images visible on and other content of the Spark & Burnish website (content) are protected by copyright in Australia and around the world. Users of or visitors to the Spark & Burnish website must not reproduce, download, communicate to the public, or otherwise infringe any copyright in or use, any content except in accordance with the website user terms or as permitted under the Copyright Act 1968.

PRIVACY POLICY

Spark & Burnish Pty Limited (Spark & Burnish) is subject to the Privacy Act 1988 (Cth) and complies with the National Privacy Principles (and the Australian Privacy Principles which will commence on 14 March 2014) for handling personal information. This Privacy Policy relates to personal information collected by any means and by any technology.

"Personal information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

Your privacy and personal information is important to us and we will do each of the following:

(a) Only collect, use and disclose personal information about you that is required in the provision of information about or the promotion or delivery of our services or services ancillary to or necessary for those services; administration of our business; business analysis; or to meet any legal obligations imposed on us (Purpose).

(b) Only disclose your personal information to third parties for a Purpose and with whom we have entered into an agreement that gives you (or that the law requires to give you) at least the same level of protection to your personal information as we do.

(c) De-identify any personal information that is to be used or disclosed for any statistical or other analysis or similar research purposes.

(d) Use only fair and lawful ways to collect personal information.

(e) Only collect personal information directly from you if it is reasonable and practicable to do so.

(f) Take reasonable steps to ensure the personal information that Spark & Burnish collects, uses or discloses is accurate, complete and up-to-date. We recommend you notify us if you change your contact details as soon as possible. This will help us to maintain your privacy by ensuring that any communications are sent to the correct address.

(g) Take reasonable steps to protect your personal information from misuse, loss and unauthorised access, modification or disclosure.

(h) Take reasonable steps to destroy or permanently de-identify personal information if we no longer need it for any purpose.

(i) If you make a written request, we will give you access to the personal information we hold about you. If any personal information we hold about you is out of date or inaccurate, we encourage you to let us know, and ask us to correct it. If we cannot deal with your request, you will receive our reasons in writing.

We may be required to disclose your personal information without your consent if the disclosure is:

(i) required or authorised by law;

(ii) required in order to investigate an unlawful activity;

(iii) required by an enforcement body for investigative activities; or

(iv) necessary to prevent a serious and imminent threat to a person's life, health or safety, or to public health or safety.

Website

(a) We use your Internet Protocol (IP) address to help diagnose problems with our server and to administer our web site. We analyse our web site logs to improve the relevance of content featured on the site. While these logs are IP identifiable, no attempt is made to link them with any individuals that browse the site.

(b) This site contains links to other sites. We are not responsible for the information handling practices or content of these external sites but we endeavour to monitor these sites to ensure that they are appropriate to our site, its visitors and members.

(c) We also maintain several email lists to keep subscribers informed about areas of specific interest. Individuals must request to join our mailing lists by signing up through our web site. We do not sell, rent, loan, trade, or lease the addresses on our lists to anyone.

Cookies

Cookies are small text files that are placed on your computer by websites that you visit or certain emails you open. They are widely used in order to make websites work, or work more efficiently, as well as to provide business and marketing information to the owners of the site. Cookies can be stored in your hard drive ("persistent cookies ") or in memory ("session cookies "). A persistent cookie is a cookie which will enable a continuing record to be kept of your visits to the website. A session cookie is a cookie which is a transient cookie and tracks your visits for a website session only. We only use both persistent cookies and session cookies to optimise the functionality of the website and to enhance your experience. On closing your browser any session cookie set by this website is destroyed permanently. We do not make any attempt to identify users or their general browsing activities. Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Log files

We use IP addresses to analyse trends, administer use of the Spark & Burnish system and gather broad demographic information for aggregate use. A user's IP address is not linked to personally identifiable information. To ensure the integrity of the data submitted by users we may log information about sessions including IP address, number of login attempts, times of commencement and conclusion and the responses submitted. This information is used if a user questions the completeness of the information we have collected and used to formulate our response.

Contact us

If you want to complain about an interference with your privacy by us, you can visit our showroom or write to our privacy compliance officer at Shop 2, 8 Hill Street Surry Hills 2010. We will do our best to resolve your complaint as quickly as possible. If you are not satisfied with our response to your complaint, you can refer the matter to the Office of the Australian Information Commissioner: Director of Complaints Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001.

WEBSITE TERMS

Before You register to access the secure client section of the Spark & Burnish website and use any Service offered through that secure section, You must read and agree to these terms of use (the"Agreement")

These terms and conditions set out the terms on which We agree to provide the Service to You.

We can change the Agreement at any time. We will give You notice of any change by email when a change is made, sent to the email address that You notify when registering (or any other email that You advise subsequently) and will also post the changes at www.SparkandBurnish.com.au. Accordingly, it is important that You ensure that the email address that We have for You is current.

If You do not agree to these terms, You must not use the Service.

Definitions and interpretation

1.1 Definitions

Business Day means a day that is not a Saturday, Sunday or any other day that is a public holiday in Sydney, New South Wales.

Service means the social networking services and any other ancillary services provided by Us through our website Spark & Burnish.com.au together with any other websites owned or operated by Spark & Burnish or any of our affiliates.

Spark & Burnish Privacy Statement means the privacy policy located at SparkandBurnish.com.au.

Unacceptable Behaviour Policy means the policy set out at the end of this Agreement, as modified from time to time and posted at SparkandBurnish.com.au.

We means Spark & Burnish.

You are the person named in the Account Details.

1.2 Interpretation

(a) Headings, underlining, marginal notes and indexes are only included for ease of reference and do not affect interpretation.

(b) A reference to any legislation or legislative provision includes any modifying, consolidating or replacing legislation or legislative provisions from time to time, and includes all regulations, rules and other statutory instruments issued under the legislation.

(c) A reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time.

(d) Words denoting the singular number include the plural, and vice versa.

(e) Where any word or phrase is given a defined meaning any other grammatical form of that word or phrase has a corresponding meaning.

(f) If any part of this Agreement is void or unenforceable in any jurisdiction, then for the purposes of that jurisdiction if possible, that part is to be read down to be valid and enforceable. If this is not possible, and that part does not go to the essence of this Agreement, that part will be severed from this Agreement and the rest of this Agreement continues to have full force and effect to give effect to the intention of the parties.

Service

1.1 We agree to provide the Service to You from the date You accept the Agreement until You cancel Your account.

1.2 You may cancel Your use of the Service or terminate this Agreement without cause at any time by requesting cancellation of Your account at SparkandBurnish.com.au. A terminated account may continue to exist for up to two business days before the cancellation takes effect.

1.3 If We believe on reasonable grounds (including from a reasonably verifiable third party complaint) that you have breached your obligations under the Agreement, We may suspend your access immediately while an investigation occurs. You must co-operate with any investigation.

1.4 We may at any time and for any reason, by notice to You by email, terminate the Service, terminate this Agreement, or suspend or terminate Your account. On termination, Your account will be disabled, You will have no access to and no right to use the Service and You will not be granted access to Your account, or any files, or other information contained in Your account although residual copies of information may remain in our system.

Your obligations

2.1 You must:

(a) promptly notify Us if You believe or suspect that the Service has been compromised or is being used in a manner that breaches this Agreement;

(b) regularly check the email address provided to Us on sign-up for messages about the Service (or, if You have arranged for emails to be forwarded to an alternate email address, You must check that alternate email address);

(c) provide current, accurate identification, contact, and other information that may be required as part of the sign-up process or continued use of the Service;

(d) ensure Your use of the Service complies with the Unacceptable Behaviour Policy;

(e) maintain the confidentiality of Your account password and accept full responsibility for all activities that occur with Your account. Where the current account details or password are provided, We are entitled to assume that the access is by You, or authorised by You, and You indemnify Us completely against any claim of loss or damage that results from wrongful, fraudulent or other access (using the correct account details or password) to Your account;

(f) respect the privacy and personal information disclosed by other users and use any personal information disclosed for the purpose for which is was disclosed.

2.2 You must not do, and You must not authorise or encourage any third party to do, any of the following:

(a) prevent other account holders from using the Service;

(b) use the Service for any illegal, fraudulent or inappropriate purpose;

Unacceptable Behaviour Policy;

(a) alter, remove or otherwise interfere with any permissions applied by another user;

(b) interfere with or construct Your own system to access the information on the Service; or

1.1 You acknowledge and agree to each of the following:

(a) the Service is only provided to You for so long as You continue to have a current and valid account;

(b) the Service may be subject to technical limitations such as downtime for maintenance and third party service availability;

(c) the Service is provided on an AS IS and AS AVAILABLE basis and We make no warranties or guarantees in respect of uptime for Your data, content or the Service;

(d) We expressly assumes no responsibility for, without limitation, backing up Your data or damage or unauthorised changes to Your data;

(e) due to the nature of the Service, We do not promise that it will be continuous, accessible at all times or fault-free; and

(f) We reserve the right to modify, suspend or discontinue any part of the Service with or without notice at any time and without any liability to You.

The Service

2.1 You acknowledge that all costs (including but not limited to the costs of connection to and use of a Carrier Service as that term is defined in the Telecommunications Act 1997) associated with your use of the Service (Your Costs) are at Your sole expense and Spark & Burnish assumes no liability and makes no representations impliedly or expressly to assume or contribute in any form towards any Your Costs or any other costs You may incur through Your use of the Service.

2.2 We do not include archiving or back-up services in the Service. For example if website data and content as stored on the server becomes corrupted for any reason We are not responsible for restoring a correct version of that data or content.

2.3 You agree that We may establish limits concerning use of the Service including, without limitation, each of the following:

(a) The way in which data is stored, linked or accessed

(b) The number of files that may be sent from or received by an account in any period.

(d) The maximum size of your account.

We expressly disavow any and all representation, warranties and claims as to, without limitation, fitness for purpose, merchantability or quality of any goods and service which may be displayed in any advertising on the Service and, to the extent permitted by the 1.1 law, You acknowledge that You have no entitlement to remedy or claim against us in respect of the accuracy, sufficiency or otherwise of any advertising or goods or services promoted or purchased through the Service.

1.2 We reserve the right at all times to remove or refuse to host, store, distribute or communicate any data or information on the Service.

1.3 We reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to do any of the following:

(a) satisfy any applicable law, regulation, legal process or governmental request;

(b) enforce this Agreement, including investigation of breaches or potential breaches of it;

(c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam);

(d) respond to user requests; and

(e) protect the rights, property or safety of Spark & Burnish, its users and the public.

Intellectual Property Rights.

5.1 You acknowledge that We own all right, title and interest in and to the Service, including without limitation all intellectual property rights (the Spark & Burnish Rights), and the Spark & Burnish Rights are protected by intellectual property laws. Accordingly, You must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Service. You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the Service. The Spark & Burnish Rights include rights to the Service developed and provided by Spark & Burnish, all software associated with the Service and the brand features. The Spark & Burnish Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

5.2 You must not circumvent, or attempt to circumvent, any Technological Protection Measure that is applied to any content (whether applied by Us or another person). You must not alter, remove or otherwise interfere with a Rights Management Information applied to any content that is made available through the Service. “Rights Management Information” and “Technological Protection Measure” have the same meaning as those terms as defined in the Australian Copyright Act 1968.

Privacy and direct marketing

3.1 As a condition to using the Service, You agree to the terms of the Spark & Burnish Privacy Statement issued or updated during the term of this Agreement.

By registering to access and use the Service, You consent to Us using your personal information to communicate with You in relation to the Service, our business, our products and services and those of our business partners, designers and suppliers, and to provide you with information on offers, promotions and other marketing information or materials. You also consent to receiving, by electronic means, our newsletters, catalogues and other promotional and marketing material, including in electronic form. You may unsubscribe 1.1 from receiving any such material at any time, by using the "Unsubscribe" facility included in any electronic marketing communication that We send, or by giving Us written notice, in accordance with clause 10.

Warranties and indemnity

2.1 You warrant to the best of Your knowledge that the information provided to Us for the purposes of providing the Services:

(a) are true, correct and current;

(b) are able to be disclosed by You;

(d) are able to be legally provided to Us and its disclosure does not breach any law or any obligation (whether of confidence or otherwise) owed to any person;

(e) You have all necessary right, power and authority to enter into the Agreement.

2.2 You acknowledge that You have not relied upon or been induced by any representation by Us and We make no warranty or representation as to:

(a) the results that may be obtained through the Service;

(b) the accuracy, reliability or otherwise of any information obtained through the Service;

(d) whether Your use of the Service is legal.

2.3 You indemnify and keep indemnified Us and our officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon Your use of the Service and any breach of any warranty or other term of this Agreement.

Limitation of liability

3.1 To the extent permissible by law We exclude any liability:

(a) for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation; or

(b) for any injury, loss or damage arising out of provision of the Services,

provided that We do not exclude any such liability if it arises because of Our failure to take reasonable steps to guard against and use reasonable endeavours to rectify any of the matters referred to in the clause 8.1of which we are aware.

3.2 To the fullest extent permissible at law, We are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the provision of or failure to provide the Service or otherwise arising out of the Service, whether based on contract, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.

3.3 You expressly agree that use of the Service is at Your own risk. To the extent allowed by law, our liability for breach of a term implied into this Agreement by any law is excluded.

1.1 We give no warranty in relation to the Service provided or supplied. Under no circumstances are We or any of our carriers or suppliers liable or responsible in any way to You or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Service including its form, content and timeliness of delivery, including, without limitation, for and in relation to any of the following:

(a) any Service supplied to You;

(b) any delay in supply of the Service;

(d) any technical or non-technical failure; or

(e) any content or information accessed via the Service with or without Your authorisation.

1.2 The Competition and Consumer Act 2010 and certain State and Territory legislation may imply certain conditions and warranties into the Agreement. To the extent permitted by law those conditions or warranties are expressly excluded. Where they cannot be excluded, our liability (if any) arising from the breach of those conditions and warranties is limited, in our sole discretion, to the supply of the Service again or cost of re-supplying the Service again.

Waiver

A failure or delay by Us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future exercise or the exercise of any other power or right.

Notices

3.1 A notice or other communication connected with this Agreement (Notice) has no legal effect unless in writing.

3.2 In addition to any other method of service provided by law, the Notice may be:

(a) sent by email to the address stated in the Account Details

(b) sent by facsimile to the facsimile number of the addressee in the Account Details;

3.3 If the Notice is sent or delivered in a manner provided by clause 10.2it must be treated as given to and received by the party to which it is addressed:

(a) if sent by email before 5.00pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt;(b) if sent by facsimile before 5.00pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or(c) if otherwise delivered before 5.00pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.

1.1 Despite clause 10.3

(a) a facsimile is not treated as given or received unless at the end of the transmission the sender’s facsimile machine issues a report confirming the transmission of the number of pages in the Notice; and(b) a facsimile is not treated as given or received if it is not received in full and in legible form and the addressee notifies the sender of that fact within 3 hours after the transmission ends or by 12 noon on the Business Day on which it would otherwise be treated as given and received, whichever is later.

1.2 If a Notice is served by a method that is provided by law but is not provided by clause 10.2, and the service takes place after 5.00pm on a Business Day, or on a day that is not a Business Day, it must be treated as taking place on the next Business Day.

1.3 A Notice sent or delivered in a manner provided by clause 10.2must be treated as validly given to and received by the party to which it is addressed even if:

(a) the addressee has been liquidated or deregistered or is absent from the place at which the Notice is delivered or to which it is sent; or

(b) the Notice is returned unclaimed.

1.4 A party may change its address for service or facsimile number by giving Notice of that change.

Dispute resolution

All questions or disputes relating to the Service including these terms must be submitted to Us in writing. We will endeavour to resolve any disputes as quickly as reasonably possible. All interpretations of the terms of Service are at Our sole discretion. Our error is not a breach of these terms of Service.

Governing law

The law in New South Wales, Australia governs this Agreement and the parties submit to the exclusive jurisdiction of the courts in New South Wales.

SALES TERMS

1. Prices

a. All price references on our website are in Australian currency.

b. Prices may vary from in store purchases, so we recommend checking with your nearest store before making any purchase.

c. We reserve the right to amend any price displayed on our website without notice.

2. Products, supply and variations

a. Unless otherwise specified, all products or services on our website are available in Australia only.

b. Not all products featured on our website are available through us in all states or territories of Australia, and some products may not be available in our showroom or may be out of stock or discontinued (particularly if you are ordering through an out-of-date catalogue). Please contact our showroom should you have further queries.

c. We reserve the right to make changes to products, colours and items on display on our website at any time and without notice.

d. Whilst reasonable efforts are made by us to:

- supply goods with correct sizes, slight variations in size may occur
- maintain consistency, variations from sample in colour and quantity may occur
- supply material in accordance with the quality of any samples submitted to you or quoted for, the quality cannot be guaranteed
- supply goods to specific colours, variations from colour may occur (ie. colours in store may vary slightly from what you see on your monitor, depending on your monitor settings),and
we will not be liable to you for any such variations or inconsistencies.
Photographs, drawings, illustrations and any other particulars associated with or given in descriptive literature or a catalogue of ours, approximate the Goods or Services offered by us, and cannot be relied on by you.
Any performance data provided by us or a manufacturer is an estimate only and should be construed accordingly.