Terms & Conditions

This web site contains advertisements and information provided by third parties. There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in this web site or its contents.
Queer as Peas and it’s contractors make no representations about the accuracy or suitability of the information or links provided on this web site. The information is provided ‘as is’, without express or implied warranty. You use the information and links at your own risk. Queer as Peas takes no responsibility for the content of Internet sites that link from queeraspeas.com.au.

Queer as Peas and it’s contractors, as set out below, exclude all:

1. warranties whether express, implied, statutory or otherwise, relating in any way to this web site or your use of this web site; and
2. liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss
3. or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any use of the information
4. on or access through this web site for any reason whatsoever (including negligence).

Links to a third party site are provided for your convenience only. Queer as Peas and it’s contractors are not responsible for and make no representations concerning the condition and content of, or products offered at the third party site. The link does not indicate, expressly or impliedly, that Queer as Peas or it’s contractors endorse the site or the products or services offered there. You access the site and use any products or services at your own risk.

1. General

Queer as Peas Reviews and Ratings are available on the Queer as Peas online site (Site) and other sites and applications as determined by Eye Dropper Designs (Us or We), from time to time.

• Overview

Queer as Peas Reviews and Ratings allows Site users (You or Your) to read ratings and reviews in relation to businesses listed on the Site and post feedback, comments, responses, questions or other content (Posts).

• Registration

If You wish to participate in Posts You must first register and log on in accordance with the process set out on the Site. You are responsible for maintaining the confidentiality of any details You use to log on to the Site.

• Applicable Terms

These terms of use (Terms), as amended by Us from time to time, apply to Your use of Queer as Peas Reviews and Ratings.

• Changes to Terms

These Terms may change over time. It is important that You regularly check for updates. Do not use Queer as Peas Reviews and Ratings unless You agree to be bound by these Terms, and any changes.

• Use of Your Information

We may use contact details You provide to Us for the purpose of notifying You about the features of Queer as Peas Reviews and Ratings, the Site and for marketing purposes. Queer as Peas may collect, use and disclose your personal information in accordance with the Queer as Peas Privacy Policy.

2. Use of Queer as Peas Reviews and Ratings
   

• Responsibility for Content

If You decide to create Posts for inclusion within and of the Queer as Peas services, You do so at Your own risk. Queer as Peas services are provided ‘as is’, we are under no obligation to monitor Posts, and we are not responsible for any use of Queer as Peas Reviews and Ratings or Posts You or any other third party wish to make available. The views and opinions expressed in Posts contributed by third parties are not representations made by Us, nor do We endorse or necessarily share the views or opinions expressed. We make no representations about the accuracy or suitability of Posts. You are encouraged to make Your own enquiries and seek Your own independent advice before relying on Posts or any other associated third party content.

• Our Liability

Except for any terms implied by law (that cannot be excluded) and Your rights under statutory guarantees provided under consumer protection laws, We exclude all liability (including for negligence) to You or anyone else in respect to any loss or damage (including special, indirect or consequential loss or damage) arising out of or in connection with and of the Queer as Peas services, including but not limited to the Reviews and Ratings system. To the extent permitted by statute (and where it is fair and reasonable to do so in respect of a statutory guarantee) Queer as Peas and it’s contractors’ liability for any breach of such term is limited to resupplying the services.

• Your Liability

You are liable to Us and agree to indemnify Us against all claims, demands, damages, costs, penalties and liabilities caused directly or indirectly by Your acts or omissions or Your breach of these Terms.

You warrant that Your Posts:

• Are not false and are factually correct;
• are based on reasonable grounds and honestly reflect Your actual and genuine opinion and experience;
• are not illegal or unlawful or will cause a breach of a law or any code of conduct;
• do not include pornographic, sexually explicit, violent, threatening or obscene content;
• do not contain any information that will personally identify any third party unless You have obtained that person’s consent;
• do not refer to persons under the age of 18;
• do not include any inappropriate language including racist, hateful, discriminatory, or language that vilifies any person;
• do not infringe any third party’s intellectual property rights, including copyright, that you have the right to grant the licence in clause 3 below and that We will not infringe the intellectual property rights or any other rights of any other person by using the licence in clause 3 below;
• do not infringe the moral rights of any third parties and that You have obtained any necessary moral rights consents from authors of work You submit as part of Your Posts;
• are not defamatory or malicious or promote, incite or instruct matters of crime;
• will not transmit any malware, viruses or harmful computer code;
• do not constitute a commercial solicitation to users of Queer as Peas services or Queer as Peas advertisers to buy goods or services;
• do not refer to businesses which are not listed on the Queer as Peas site or otherwise refer to any other web sites or applications, including social media sites; and
• have not been created in exchange for any form of benefit or payment from a third party.

You acknowledge:

• We are under no obligation to publish Posts on Queer as Peas and may remove or edit Posts in our absolute discretion;
• except where We are legally required to do so, We are under no obligation to monitor, remove or modify Queer as Peas services / content and, in that regard, at all times we shall remain neutral; and
• We may, at our discretion, terminate Your access to any or all Queer as Peas services for any reason, including if We believe You have breached these Terms.

3. Intellectual Property

You retain ownership of intellectual property rights in Posts that You submit, post, transmit or make available on Queer as Peas.

You grant to Us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public Your Posts. The licence You grant Us is not limited to use in connection with Queer as Peas and its syndication to other channels. We may use Your Posts for any purpose of our business, including marketing, and We have the right to sub-license these rights.

This licence will survive the termination of this agreement between You and Us for any reason.

You unconditionally and irrevocably waive any moral rights you may have in respect of Your Posts, including any rights of integrity and attribution for authorship and not to have authorship falsely attributed.

4. Governing Law

These terms (and Your dealings with Us) are subject to the laws of South Australia, Australia.

This privacy statement describes how Queer as Peas collects and uses the personal information users provide on our website: www.queeraspeas.com.au.  It also describes to you the choices available to you regarding our use of your personal information and how you can access and update this information.

If you have questions or concerns regarding this privacy policy you can contact us at peasandcarrots@queeraspeas.com.au.

Our Pledge

Queer as Peas is committed to protecting the privacy of personal information of all users on Our site – both suppliers and searchers.

Information Collected

The following list identifies information that may be collected from you as a result of you completing and submitting forms or emails to us;

• Contact Information such as name, email address, mailing address, and phone number;
• Billing Information such as credit card number, and billing address ;
• Unique Identifiers such as user name, account number, and password; and
• Demographic information such as age, education, gender, interests and post/ zip code.

Information that can be collected automatically from you may include information about your computer such as your;

• IP address;
• Browser type;
• Referring/ exit pages; and
• Operating system.

This information is used to;

• Fulfill your order;
• Send you an order confirmation;
• Send you product updates or warranty information;
• Respond to customer service requests;
• Administer your account;
• Send you a newsletter;
• Send you other marketing materials/ communications – such as promotions and special offers;
• Respond to your questions and concerns;
• Improve our website and marketing efforts; and
• Conduct research and analysis.

The Use of Cookies

In order to collect and track some of your non-personally identifiable information our website may place cookies on your computer.  Cookies can be disabled in your browsers settings or preferences.

Information Sharing

Queer as Peas do not sell your personal information to third parties, however will share your information with trusted third parties;

• Where there is a benefit to you or to better serve you in the future;
• As required by law – such as to comply with a subpoena or similar legal process;
• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; and
• To any other third party with your prior consent to do so.

Your information will also be shared if, in the event, Queer as Peas is involved in a merger, acquisition, or sale of all or a portion of its assets, in which case you will be notified via email and/ or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Our website includes links to other websites whose privacy practices may differ from those of Queer as Peas. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

Security

Queer as Peas cannot guarantee absolute security for you, as no method of transmission over the internet, or method of electronic storage, is 100% secure.

If you have any questions about security on our website you can contact us at peasandcarrots@queeraspeas.com.au.

Opt-out Provisions

As mentioned above in ‘Information Collected’, the information we collect from you may be used to send you newsletters and other marketing materials/ communications such as promotions and special offers.

Should you wish to unsubscribe to receiving any of these, you can do so by sending a request to peasandcarrots@queeraspeas.com.au, clearly stating your name and the email address to which the materials are being sent.  If appropriate, mention the type of correspondence you wish to opt out of, or advise that you wish to completely opt out of all correspondence.

As with any correspondence received, Queer as Peas will respond to your request as soon as possible.

Privacy Policy Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email or by means of a notice on the Queer as Peas website, prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

You can contact us about this Privacy Statement through the following means;

• Sending us an email to peasandcarrots@queeraspeas.com.au;
• By phone on +61423308303; Or
• By completing an online form through our contacts page.