PRIVACY COLLECTION NOTICE - (Learning Platform)
Carpet Court Australia Ltd (ACN 001 195 697) and its related bodies corporate (Carpet Court, us, we, our) collect personal information about individuals for a range of purposes to enable Carpet Court to carry out its functions, as set out in its Privacy Policy. Further information about the collection of your personal information is provided below.
This Privacy Collection Notice addresses our handling of personal information about our franchisees (Members) and Member personnel, collected by us for the purposes of granting Members access to, and use of our learning management system (Platform). The Platform is operated by Absorb Software Australia Pty Ltd (Platform Operator).
Who is collecting your personal information
Carpet Court Australia Ltd (ACN 001 195 697) and its related bodies corporate (the related bodies corporate are listed in Carpet Court's privacy policy)
The contact details for Carpet Court are:
Address: Building 2, Level 1, 195 Wellington Rd, Clayton VIC 3168
Postal address: Carpet Court Australia, Locked Bag 50, Mount Waverley BC, 3149, VIC
Telephone: 03 9244 7999
Email: privacy@carpetcourt.com.au
Absorb Software Australia Pty Ltd (ABN 50 623 766 496)
The contact details for the Platform Operator are:
Address: Absorb LMS Software C/O We Work, Level 2, 383 George Street, Sydney NSW 2000
Telephone: 02 9053 6618
Email: sales@absorblms.com.au
What personal information is collected?
Your name, your Carpet Court store and business email address.
Collection of your personal information
Your personal information is collected when you engage with the Platform, for example when you:
- register for an account to use the Platform;
- commence or complete a Platform learning module; or
- complete a questionnaire about a Platform learning module.
If reasonable and practicable to do so, we will collect your personal information directly from you, however from time to time, we may collect your personal information via the Platform.
Why does Carpet Court collect your personal information?
We collect your personal information in order to facilitate your access to, and use of, the Platform.
What would happen if Carpet Court did not collect your personal information?
If Carpet Court does not collect your personal information we may not be able to provide you with access to the Platform, including the learning modules.
Who will Carpet Court disclose your personal information to?
We may disclose your personal information to:
- the Platform Operator;
- regulatory and law enforcement bodies; and
- other third parties (including our third party service providers) where reasonably necessary to enable your access to the Platform.
Access to and correction of your personal information, and making a compliant
Our privacy policy contains information about how you may:
- access and seek correction of personal information about you that Carpet Court holds (including access to credit eligibility information; and
- complain about a breach of the Australian Privacy Principles, the credit reporting provisions in the Privacy Act or the credit reporting code, and how Carpet Court deals with complaints.
Overseas disclosure of your personal information
There may be circumstances where we need to disclose personal information that we hold about you to a third party overseas (an Overseas Recipient). This may occur, for example, where we have a database or server hosted outside Australia or where you are interacting with an application which is based overseas. The countries in which these Overseas Recipients may be located include New Zealand, the United States of America and the United Kingdom.
PLATFORM TERMS
1. INTRODUCTION
These terms of use (Terms) apply to your use of the Carpet Court Australia Ltd (ACN 001 195 697) (Carpet Court, we, us, our) learning management system (Platform), operated by Absorb Software Australia Pty Ltd (ABN 50 623 766 496).
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
By accessing and/or using this Platform, you acknowledge that you have read, understood and agree to be bound by these Terms. You should review these Terms carefully. If you do not agree to these Terms, you must immediately stop using the Platform. We may update these Terms from time to time, by posting an updated version of these Terms on the Platform.
3. WE MAY MAKE CHANGES TO THE PLATFORM
We may update and change the Platform from time to time.
4. WE MAY SUSPEND OR WITHDRAW ACCESS TO THE PLATFORM
We do not guarantee that the Platform, or any content on it, will always be available, uninterrupted or be error-free. We may suspend, withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5. SECURITY
In order to access and use the Platform, you may be required to grant the Platform permissions to access certain features of your device. If you do not grant these required permissions and access, you may be unable to access and use the Platform or some of its features and services.
You are responsible for the security of your device (including any data stored on that device) and for using appropriate and up-to-date software on your device to detect and manage the threat posed by viruses and other harmful code.
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
You will be required to create an account to use the Platform. You may create, or be provided with, a user identification code, password or other piece of information as part of security procedures. You must treat your Platform account details as confidential. You must not disclose these details to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, if in our reasonable opinion their security has been compromised or you fail to abide by these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
7. PRIVACY
We may collect, use, store disclose and otherwise handle your personal information in accordance with these Terms, our Privacy Policy, and applicable Australian privacy legislation.
8. INTELLECTUAL PROPERTY RIGHTS AND HOW YOU MAY USE MATERIAL ON THE PLATFORM
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 Platform and in all of the material (including all text, graphics, videos, logos, audio and software) made available on this Platform (Content).
Your use of this Platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Platform or the Content. However we do grant you a licence to access the Platform, view and interact with the Content, as set out in these Terms.
Our status, and that of any identified third party contributors, as the authors of Content, must always be acknowledged. You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Platform. All other use, copying or reproduction of this Platform, the Content or any part of it is prohibited, except to the extent permitted by law.
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 Platform.
9. PLATFORM CONTENT
The Content is provided on an “as-is” basis. We disclaim, to the extent permitted by law, all warranties, representations or endorsements, express or implied, with regard to the Content, including but not limited to, all implied warranties as to the suitability of the Content for you, the ability of information in the Content to deliver any particular result, or the availability of the Content. Further, while we update the Content from time to time, we do not warrant or accept any liability in relation to the currency, completeness or accuracy of the Content.
The Content is intended for general informational and educational purposes only. It does not constitute professional or legal advice. You should not use the Content as a substitute for professional or legal advice. You should not disregard or delay seeking legal advice because of anything contained in the Content. You will be responsible for making your own assessment of the information contained in the Content.
You should seek independent advice about the application of the Content in your jurisdiction, including local standards and laws.
10. UNACCEPTABLE ACTIVITY
You must not do any act that is inappropriate, unlawful, or prohibited by any laws applicable to the Platform.
You agree not to use the Platform:
- in any way that contravenes any applicable law or regulation;
- in any way that harms us, our suppliers, or other users of the Platform;
- to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, by using their email addresses); or
- in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other person's use of the Platform, including their ability to engage in real time activities through the Platform.
11. LIABILITY
Our liability in connection with your use of the Platform is limited under these Terms. Your access to, and use of, the Platform is at your own risk. You agree you will be responsible and liable for: (a) use of the Platform by any person who has access to your device; (b) internet access, data download and other network charges arising from your use of the Platform; and (c) the operation, maintenance and security of your device. Except to the extent caused or contributed to by our acts or omission, you agree you will be responsible and liable for use of the Platform by any person who has access to your account details.
Except to the extent provided in these Terms, or where liability cannot be limited or excluded by law (in which case we limit our liability to the fullest extent permitted by the Australian Consumer Law), we disclaim any and all liability (including for negligence) for any loss or damages of any kind, arising out of or in connection with your use, or inability to use, the Platform, any platforms linked to it, any content on our Platform or such other platforms or any services or items obtained through our Platform or such other platforms.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
12. JURISDICTION AND GOVERNING LAW
Your use of the Platform and these Terms is governed by the laws of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
13. MISCELLANEOUS
No waiver: We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising that right, power or remedy. If the same or similar rights, powers or remedies arise on different occasions, we are not obliged to exercise those rights, powers or remedies in the same way. A waiver of a right, power or remedy must be in writing and signed by us to be effective.
Severability: If any provision (or part of a provision) of these Terms is found to be void, invalid, unlawful or unenforceable, that provision (or part) is deemed to be severed from these Terms to the extent of that voidance, invalidity, unlawfulness or unenforceability without invalidating the remaining provisions. The remaining provisions of these Terms will remain in full force and effect and constitute a binding agreement between you and us.
Entire agreement: These Terms, together with the Privacy Policy and any other additional terms which may apply to particular activities when using the Platform, constitutes the entire agreement between the parties about its subject matter and supersedes all previous understandings, agreements, representations and warranties between the parties in relation to that subject matter.
Force majeure: To the extent permitted by law, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by any circumstances outside of our reasonable control.
Feedback and complaints: We appreciate your feedback, whether complaints, compliments, queries or suggestions. If you have a question, issue, complaint or any other feedback about our Platform or our services or products, please inform us through any of the means on the ‘Contact Us’ section of the Platform.
Dispute resolution: If you have any issue or dispute arising out of these Terms or in relation to the Platform or our services or products, you must notify us in writing and use reasonable endeavors to attempt to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.
Notices: Any notices given by either party to the other party in connection with these Terms, the Platform or our services or products must be in writing, in English and signed by the sender (or a person who is a duly authorised representative of the sender). Notices to us must be delivered to us by email to privacy@carpetcourt.com.au or by prepaid post to our registered office.
Contact details: It is your responsibility to ensure that you enter your email address and other contact details correctly when you contact us or submit a client intake form or order any of our services or products. Failure to do so may result in loss or incorrect delivery of our communications, services or products to you.
Last updated: August 2024
LONG DISCLAIMER
The Absorb Software Australia Pty Ltd (Platform Operator) platform (Platform) content, including learning modules and website resources (the Content), is developed by:
1. Carpet Court Australia Ltd (ACN 001 195 697) (us, we, our); and/or
2. the Platform Operator.
The Content is designed to provide general information and various training materials in relation to Carpet Court products, changes to relevant regulations and law, and other Carpet Court business activities.
The Content is provided on an “as-is” basis. We disclaim, to the extent permitted by law, all warranties, representations or endorsements, express or implied, with regard to the Content, including but not limited to, all implied warranties as to the suitability of the Content for you, the ability of information in the Content to deliver any particular result, or the availability of the Content. Further, while we update the Content from time to time, we do not warrant or accept any liability in relation to the currency, completeness or accuracy of the Content.
Except to the extent that liability cannot be limited or excluded by law (in which case we limit liability to the fullest extent permitted by the Australian Consumer Law), we disclaim any and all liability (including for negligence) for any loss, damage, cost or expense, whether direct or indirect, arising in relation to a person accessing, using or relying on the Content. You agree you are responsible for your access to, and use of, the Content.
Finally, we take no responsibility for the accuracy, currency, reliability and correctness of any information on third party websites or other information sources, which may be accessed through links in the Content or the Platform.
No legal advice
The Content is intended for general informational and educational purposes only. It does not constitute legal advice. You should not use the Content as a substitute for legal advice. You should not disregard or delay seeking legal advice because of anything contained in the Content.
You should always obtain independent legal advice about the applicability of the Content to you. The Content may not be suitable for everyone. You will be responsible for making your own assessment of the information contained in the Content.
You should seek independent advice about the application of the Content in your jurisdiction, including local standards and laws.