T&C’s and Privacy Policy
NatureBoss Terms of Service
1. Introduction
Nature Boss Pty Ltd (ACN 641 813 809) (NatureBoss, we, us or our) provides an online platform that promotes experiential opportunities offered by third party companies and organisations (Experience Providers) to companies and businesses (Experience Seekers) wishing to participate in valuable educational and training experiences (Experiences) for their personnel.
These terms represent our agreement with Experience Seekers and Experience Providers. By becoming an Experience Seeker or Experience Provider with NatureBoss, accessing and using our services and participating in opportunities through us, you agree to these terms. You are also agreeing to these terms on behalf of your employees, staff, participants, invitees, representatives, organisers and anyone you invite to be involved in an Experience or use a NatureBoss service, and references to “you” are to be construed accordingly. If you do not agree to be bound by these terms, please do not use the NatureBoss service. Particular terms apply only to Experience Seekers, or only to Experience Providers, where the context so indicates.
2. Experience Seekers
Upon creating an account with NatureBoss, Experience Seekers can view and purchase Experiences directly from the NatureBoss website located at URL www.natureboss.com.au (Site) that are offered by our Experience Providers.
You may submit your personal information, including your name and contact information to register for an account with NatureBoss, and in using the account may be invited to provide further information (together, Experience Seeker Information). Where you provide personal information, you must have the individual’s consent.
You are responsible for any use of your account, and you should keep your account access and details secure. It is your responsibility to ensure your Experience Seeker Information is accurate and up to date. Experience Seeker Information will be relied on by us and provided to our Experience Providers through the Site.
3. Experiences are provided by Experience Providers, not NatureBoss
All Experiences published on the Site are offered by the named Experience Provider, and not by or for NatureBoss. The publication by NatureBoss of the Experience on the Site does not represent any form of endorsement or approval by NatureBoss as to the suitability or otherwise of any particular Experience Provider or the published Experiences. When an Experience Seeker chooses to engage with or purchase an Experience from an Experience Provider, those arrangements, and any contractual terms forming part of them, are solely between you and the Experience Provider. You must make your own enquiries and satisfy yourself as to the appropriateness or otherwise of the proposed terms of the Experience.
4. Disclaimer, Release and Indemnity
NatureBoss aims to identify suitable Experience Providers for the Site, but gives no undertaking as to the accuracy of Experience information, or the quality or availability of Experiences posted on the Site.
We make no warranty to Experience Seekers that Experiences advertised on the Site will meet your requirements or that any Experiences comply with all applicable laws in the jurisdiction to which they relate. NatureBoss does not endorse the credibility or authenticity of any Experience Provider or its Experiences and we will not accept liability or otherwise be held accountable for the contractual negotiations or agreements resulting from any arrangement between you and an Experience Provider
We make no warranty to Experience Providers that Experience Seeker Information provided to us or through the Site is accurate, nor that Experience Seekers will comply with your terms including payment.
To the extent permitted by law, NatureBoss, together with its officers, employees, agents and contractors (collectively the NatureBoss Parties) will not be liable for, and you release the NatureBoss Parties from, any claim or liability in respect of any charge, cost, loss, injury or damage whatsoever or howsoever caused which you may suffer or incur, as a result of or in connection with your involvement in any Experience or with an Experience Provider, including (but not limited to):
· any misleading, deceptive, inaccurate or incomplete information relating to the Experiences advertised by an Experience Provider;
· the cost, quality, suitability, safety and conduct of any Experience; and
· any breach, by either party, of a contract between the Experience Seeker and the Experience Provider.
Under Australian Consumer Law and equivalent laws of other jurisdictions, certain statutory guarantees apply to the services we provide, which cannot be excluded. To the extent permitted by law, our liability for all breaches is limited to resupplying our service, or refunding the cost of doing so.
You indemnify the NatureBoss Parties against any and all claims, actions, costs, liabilities, charges, penalties, fines, payments or damages we suffer, incur or are liable for as a result of your involvement in any Experience.
To the extent that NatureBoss Parties are not a party to these terms, NatureBoss holds the benefit of these terms on trust for those persons.
5. Payment Terms
Experience Seekers must make payment in full through the Site in order to purchase the Experience(s).
By purchasing Experiences on the Site, you:
· accept the Experience Provider’s offer to sell the Experiences to you for the price offered on the Site and subject to its contractual terms; and
· consent to NatureBoss supplying your billing, payment and identification information (including personal information) to the Experience Provider who will supply the Experience and its personnel.
Purchases made through the Site are managed by NatureBoss acting as agent on behalf of the relevant Experience Provider. NatureBoss receives a fee from the Experience Provider for the services purchased through the Site.
Your purchase of an Experience is not confirmed until full payment is received by NatureBoss and confirmation is provided to you by the Experience Provider.
You authorise NatureBoss to:
· charge all fees incurred to the credit card designated by you; and
· disclose your credit card details or other payment credentials to, and obtain information from, any financial institution, card issuer, or payment provider to verify the credit card, payment credentials and identification details that you provide.
Any request for a refund relating to an Experience is governed by the arrangements between the Experience Seeker and the relevant Experience Provider.
An Experience Provider may negotiate terms for an Experience with the Experience Seeker, provided they do not breach these terms. An Experience Provider must not accept payment or bookings from an Experience Seeker other than via the Site, or otherwise attempt to avoid fees.
6. Experience Provider Terms of Service
By establishing an account with NatureBoss, as an Experience Provider you can advertise your available Experiences on the Site (each an Experience Provider Advertisement) that may be viewed and booked by Experience Seekers who also have a registered account with NatureBoss.
As an Experience Provider you acknowledge and agree that NatureBoss operates an independent platform that is designed to facilitate the promotion of your Experience Provider Advertisement to interested Experience Seekers. Experience Seekers can book and pay for Experiences directly on the Site. NatureBoss does not make any representations or assurances as to the volume, timing, quality or reliability of bookings that will be generated from the Site.
Experience Providers must ensure that all Experience Provider Advertisements include accurate and complete information about the nature of the Experiences.
Experience Providers must ensure that all Experiences posted to the Site, and the terms upon which an Experience Seeker purchases an Experience, comply with all applicable legislation and regulations in the jurisdiction in which the Experience Provider operates and where the Experience is provided.
7. Privacy
The Experience Provider must comply with all privacy laws in the collection, handling and use of personal information provided by or on behalf of Experience Seekers. NatureBoss’s Privacy Policy governs our management of personal information, and applies to Experience Providers insofar as they deal with personal information obtained from NatureBoss or an Experience Seeker. An Experience Provider may have its own privacy policies, which it must also comply with.
8. Warranties
As an Experience Provider, you warrant to us on a continuing basis that:
· all of the information provided by you, including about the Experiences that are offered by you and your services, is at all times accurate, up-to-date, complete and in no way misleading;
· all Experience Provider Advertisements that you post to the Site comply with all relevant laws and do not infringe any person’s rights including intellectual property rights.
· all Experience Provider Advertisements disclose accurate details of the Experience and all information that is required to be known by a prospective purchaser before electing to book an Experience;
· If appropriate you are qualified, registered and / or trained to offer Experiences, all Experiences are lawful and do not involve exposure to any unreasonable risk to health or safety; and
· you will at all times act lawfully during your use of our service and in the provision of the Experience to Experience Seekers.
9. Permission to promote Experience Provider Advertisements
Experience Provider grants to NatureBoss a non-exclusive and royalty free licence to promote the Experience Provider and all of its Experience Provider Advertisements on the Site and the right to sublicense the Experience Provider Advertisements to our third party corporate partners (our partners) so that our partners can also display and promote the Experience Provider Advertisements to their personnel on their online platforms.
10. Payment Terms
Experience Provider appoints NatureBoss as its agent to:
· Offer and accept bookings and our other services available on the Site in relation to Experiences;
· invoice and collect payment from the relevant Experience Seeker in respect of Experiences offered by the Experience Provider; and
· deduct NatureBoss’ agreed commission and applicable taxes, fees and charges from the Experience Seeker payment.
NatureBoss will remit the balance of the Experience fees within 14 days of NatureBoss’ receipt of the Experience Seeker’s payment.
You are responsible for managing and responding to any claims or refund requests that might be received from an Experience Seeker.
11. General Provisions
NatureBoss may immediately terminate or suspend your access from the Site or prevent you from advertising or purchasing Experiences at any time and for any reason, at its sole discretion.
NatureBoss may at any time, and without notice to you, alter the functionality and/or appearance of its products and services available from NatureBoss or the Site.
You acknowledge and agree, other than to the extent as expressly stated, these terms of service do not create any relationship of partner, agency, employment, trust, partnership or joint venture as between you and NatureBoss.
These terms of service constitute the entire agreement between you and NatureBoss (unless otherwise agreed in writing signed by both parties). These terms of service are governed by the laws in force in the State of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria.
NATUREBOSS PRIVACY POLICY
1. Introduction
This is the Privacy Policy applying to Nature Boss Pty Ltd (ACN 641 813 809) and our related entities (collectively referred to as NatureBoss, we or us). At NatureBoss, your privacy is important to us. We are committed to protecting your privacy when managing your personal information / data, as defined by the applicable national law. We have policies and procedures to ensure that all personal information is handled carefully and securely in accordance with applicable laws, including the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act), and the European Union’s General Data Protection Regulation (GDPR).
The purpose of this Privacy Policy is to tell you:
· what kind of personal information we may collect about you, for what purposes;
· how we may use that information and the choices you have regarding our use of such information;
· who we will and will not disclose your personal information to;
· how you may inquire, access and/or seek correction of your personal information; and
· how you may alert us about an alleged breach of our obligations, and our complaint handling procedure.
If you do not accept anything in this Policy, you should not use any NatureBoss website(s), ordering and payment platforms, mobile application, social media pages, or other services (Website). If you do use them, we will regard you as having accepted the Policy, and we will apply it to your personal information accordingly.
If you are a citizen of a European Union (EU) country or we collect personal data about you from a source in the EU, we will meet the standards of privacy protection required by the GDPR. Additionally, EU based companies that share personal data with us may require that we meet GDPR standards. We will as required meet obligations to appoint an EU data representative, who will control Personal data about individuals who reside in the EU for GDPR purposes. It may be processed by that entity, NatureBoss Pty Ltd or another NatureBoss entity. If you have a query about your rights, or about our obligations as a "controller" or "processor" for GDPR purposes, please contact us as shown below.
2. What types of personal information do we collect?
The personal information we collect from you or about you will be directly related to the purpose it has been collected for. How much of your personal information you choose to provide to us is up to you. If you do not provide certain information, this may result in NatureBoss being unable to provide you with the relevant product or service. Where practical, at the time of collection we state the purposes for which we collect the information, but in any case the purposes set out below apply.
If you provide personal information about another person to us, it is your responsibility to ensure you are authorized to do so, and you and they agree that it will be subject to this Privacy Policy.
NatureBoss collects your personal information when you deal with us directly, including via our Website or any Facebook page or other social media platforms we operate or may establish, via forms or correspondence (ie. by mail or email), over the phone or in person. NatureBoss may also collect personal information through our related bodies corporate, business partners and our third party service providers so that we may provide a better or more relevant product to you.
Examples of the types of personal information we collect for particular purposes:
· If you sign up to use a NatureBoss service, such as a customer account, receiving our e-newsletters or mail outs, using a referral service, loyalty or rewards programs or entering into a competition operated by us, we may collect information such as your name and contact details (residential address, phone number(s), social media and/or email address), service usage, user preferences and other information about provision of that service to you.
· If you make an inquiry, provide feedback or make a complaint to us, we may collect your contact details and details of the inquiry.
· If you provide information, comments, feedback, posts, or survey data to NatureBoss or to another service provider or web platform we use, we may collect any personal information you include.
· If you make purchases from us, from one of our suppliers or through our Website, we may collect information about your payment method, credit history, purchase history and preferences.
· If you are applying for employment with us, we may collect information relevant to the employment including your resume, reference information and details contained in the application.
· If you are a supplier or consultant wishing to use NatureBoss to market or communicate with customers, we may collect personal information about you, staff and customers.
Sensitive information
NatureBoss does not generally collect sensitive information about such things as race or ethnicity, political opinions or associations, criminal record or health. We would only do so if it is relevant and legal to do so for a particular purpose, such as an employment application, and with your prior consent.
Unsolicited personal information
Where unsolicited personal information is received by NatureBoss (such as through a comments page on our Website, or any Facebook page or other social media platforms we use) we will determine, within a reasonable period of time, whether or not we would be permitted to collect the information under applicable laws. If it would not be permitted for NatureBoss to collect the information, we will destroy the information or ensure it is de-identified as soon as practicable. Otherwise, NatureBoss may retain the information in accordance with the terms of this policy.
3. Information we collect automatically
When you visit our Website we may collect certain information by automated means such as through the use of cookies, other automated devices and website tracking tools such as Google Analytics. We use analytics tools to collect information about how our Website is used, typically by means of cookies stored on users' computers. Google and other tools may collect, transfer, store, and process this information on its servers, which may be located anywhere in the world. The data is generally de-identified, and we do not aim to track or collect any identifying information from visitors to our Website. If you do not want information relating to your visit to our Website to be available to analytics tools, you may be able to opt-out via your browser settings.
The type of information we may collect by automated means includes:
· your visiting domain name or IP address;
· the device, browser, operating system type and screen resolution you use;
· information on actions taken at our Website such as navigation patterns (ie. pages viewed and downloaded) and the date, time, duration and number of times you visited our Website;
· the previous site you visited;
· the geographical location (such as country and city) from where you accessed our Website; and
· search terms or other webpages that led you to our Website.
If you disable or delete cookies used for our Website, you may not be able to take full advantage of services offered via our Website. This is because cookies are used to help you navigate the Website and to perform certain functions such as delivering content specific information to you.
The information we collect automatically is also used for statistical and administrative purposes. Analysing the way in which visitors utilise our Website enables us to improve our services. The information is not used in any way to uniquely identify a customer and we do not collect information about the identity of the visitors unless they voluntarily provide that information, or if a law requires us to disclose it or permit a law enforcement agency to inspect the service provider's logs.
4. Purposes for which we use personal information
NatureBoss will use the personal information you have chosen to provide us for the purpose for which you provided it or a related secondary purpose which you would reasonably expect. NatureBoss will not use it for any other purpose without your consent, unless permitted or required by law.
For example, we may use your personal information:
· for purposes relating to the management of your NatureBoss account and the provision of services to you, including:
Ø facilitating provision of the products and/or services you have requested from NatureBoss or our suppliers and business partners;
Ø to deliver products or services to you;
Ø to register you for a service requested by you, such as our newsletter(s) and e-newsletters, mail outs, rewards program(s) or competitions and administering such services;
Ø to manage warranty claims; and
Ø to respond to any inquiries, feedback or complaints made by you.
· for direct marketing of products and services which we believe may interest you, including product updates and developments, special events or promotions.
· to improve our products and services and the Website, and make them more relevant to you.
· For processing and assessing employment applications and supplier accounts, and otherwise managing our internal business operations and processes.
Direct marketing
NatureBoss will only use your personal information for the purpose of direct marketing activities where we have obtained your consent to do so, or in circumstances where we have collected the information directly from you and you would reasonably expect that your personal information would be used or disclosed for this purpose. We may also share your personal information with our related entities, so that they can provide you directly with marketing material about their products and services.
Any direct marketing materials that you receive from us via email (including newsletters and special promotions) may utilise open tracking so that we can monitor delivery and receipt of the material.
NatureBoss will provide you with the opportunity to easily opt out of receiving marketing materials at the time of collection and/or at any time afterwards by either unsubscribing from the email service or contacting our Privacy Officer via the contact details provided below.
5. When may we disclose your personal information?
NatureBoss may disclose your personal information to third parties for the same purposes as we may use it ourselves, including to:
· contractors and third party service providers that we use in the ordinary course of our business to assist with the delivery of our products and services. This includes organisations such as marketing agencies, consultants and advisers, data processing companies, printing and mailing houses, delivery companies, finance agencies or debt collection agencies;
· suppliers on the NatureBoss website that you have contacted or been referred to, or from whom you have ordered products or services;
· payment platform providers, credit card and banking providers, finance, credit and verification agencies;
· related entities of NatureBoss and our local partners in different territories;
· government authorities or other third parties as required by law, or
· another third party, with your consent.
NatureBoss will ensure that the recipient of personal information is required to comply with this Privacy Policy, or equivalent privacy obligations that are no less strict, unless we are prevented by law from doing so.
6. Transfer of information outside Australia
NatureBoss may disclose your personal information to recipients outside of Australia. For example, if you are located in a country outside of Australia and you make an enquiry to us regarding our products and services, we may disclose your personal information to NatureBoss's related overseas companies, business partners or distributors for the purpose of dealing with your enquiry. Likewise, if you are in Australia and make an enquiry about a supplier located overseas, we may disclose your personal information to that supplier. NatureBoss will take reasonable steps to ensure that any overseas recipient does not breach relevant privacy laws or principles.
7. No sale of personal information
Under no circumstances will NatureBoss sell our customer database or your personal information for marketing purposes, or receive payment for licensing or disclosing your personal information for purposes unrelated to our products and services.
8. Security
The security of your information is important to us. NatureBoss operates secure data networks that are designed to protect your privacy and security. When we have collected information about you it cannot be seen or modified by anyone else. NatureBoss has implemented generally acceptable standards of technology and operational security to ensure personal information (in both physical and electronic form) is protected against loss, misuse, interference and unauthorised access.
Only authorised NatureBoss personnel and contractors are provided access to personal information and have agreed to ensure the confidentiality of this information. Reasonable steps are taken to destroy or permanently de-identify any personal information that is no longer required.
We review and update our security measures in light of current technologies. You should however be aware that the internet is not a secure environment and information sent via the internet (including email) cannot be guaranteed to be totally secure.
9. Data quality, access and correction
You may at any time, request access to personal information that NatureBoss holds about you by making a request to our Privacy Officer at the address or email address below.
We will endeavour to process any requests for access to personal information within a reasonable period of time. Where possible, we will provide you with access to that information either by providing you with copies of the information requested, allowing you to inspect the information requested, or providing you with a summary of the information held. If we deny your request for access we will let you know why and inform you how you may lodge a complaint regarding this decision. Generally this will only be in cases where providing access would be unlawful or is subject to a potential legal claim or proceeding. NatureBoss may charge a nominal fee for supplying personal information.
If you believe that there is an error or information is missing, please forward your request for correction to our Privacy Officer in writing at the address or email address below. Our Privacy Officer will consider your request and as soon as practicable manage the correction of your personal information and will update you in writing. If your correction request is refused, our Privacy Officer will provide you within a reasonable period of time the reasons for such refusal and inform you of the complaint process (see below).
10. Complaints about privacy and our complaint handling procedure
If you have any complaints relating to the management of your personal information or if you believe there has been a breach of privacy obligations by NatureBoss, please forward your complaint in writing to our Privacy Officer at the address or email address below.
Our Privacy Officer will consider the complaint and advise you of their decision in writing within a reasonable time from receipt of the complaint.
If our Privacy Officer decides that there has been a breach, s/he will endeavour to ensure that the breach is rectified within 30 days from the date of the decision and will update you in writing. If the breach has not been rectified within 30 days, then our Privacy Officer will inform NatureBoss's Managing Director in order to resolve the matter.
If you are in Australia or another jurisdiction other than the European Union, if you are still not satisfied after lodging a complaint with us and have given us reasonable time to respond, then we suggest that you contact the Office of the Australian Information Commissioner by:
Phone: 1300 363 992 (local call cost, but calls from mobile and pay phones may incur higher charges). If calling from overseas (including Norfolk Island): +61 2 9284 9749
Post: GPO Box 2999 Canberra ACT 2601
Fax: +61 2 9284 9666
Email: enquiries@oaic.gov.au
Individuals in the European Union should contact the responsible privacy authority for each jurisdiction.
11. Contact Privacy Officer
Please contact our Privacy Officer on the contact details below if you would like to inquire about anything, request access and/or update your personal information, report an alleged breach of your privacy rights or make a complaint.
Post: Privacy Officer, NatureBoss Pty Ltd, Level 32, 360 Collins street, Melbourne, VIC, 3000
Telephone: +61 499 594 471
E-mail: hello@natureboss.com.au
12. Miscellaneous
Personal information has either the meaning given to that term in the Privacy Act, or (if you are in the EU) the same meaning as the term personal data in the GDPR.
NatureBoss reserves the right to modify or amend this Privacy Policy at any time. The effective date will be displayed at the beginning of the policy.