WTFN Holdings Pty Ltd A.B.N. 65 112 703 867 owns the trading entities WTFN Entertainment Pty Ltd A.B.N. 84 096 259 808, TwoONEzero Post Pty Ltd A.B.N. 20 139 971 565 and Fred Media Pty Ltd A.B.N. 16 150 290 850, as well as a number of other partly or wholly owned subsidiaries, collectively known as the “WTFN Group”.
The WTFN Group owns and operates the following websites (“Websites”): www.wtfn.com, www.coxy.com.au, www.pettv.com.au, justgotv.com.au, & www.furly.com.au.
The Terms and Conditions govern the use of all Websites of the WTFN Group.
The WTFN Group reserves the right to amend these Terms and Conditions at any time without notice. You are therefore encouraged to check this document regularly.
The Terms and Conditions are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
The WTFN Group makes no representation that the content of any Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
Links to Third Party Sites & Third Party Advertisements
The WTFN Group assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from any Website. Except as the WTFN Group may specifically direct otherwise, the WTFN Group does not authorise the content of those third party web sites. Websites may also contain third party advertisements that contain embedded hyper-links to external websites operated by third parties. The placement of third party advertisements on any Website of the WTFN Group does not necessarily constitute the recommendation or endorsement of the WTFN Group for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services that you agree to purchase from those third parties.
Competitions and Promotions
Certain Websites may contain competitions or promotions from the WTFN Group or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, the WTFN Group specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on any Website without any liability to you.
In the event of any inconsistency between the Terms and Conditions and the provisions of any competitions or promotions on any of the Websites, the specific and additional provisions of the competitions and promotions will prevail.
Intellectual Property & Restrictions On Use Of Content
Each Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. Each Website contains trademarks, intellectual property and copyright protected works which are owned by the WTFN Group and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use, or as otherwise indicated on the Website, or in these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of any Website, or incorporate any part of any Website into another website without the express written consent of the WTFN Group.
Disclaimer and Liability
All Websites of the WTFN Group are provided on an “as is” basis. While the WTFN Group has used its best endeavours to ensure that the information contained on and accessed through its Websites is correct and current at the time of publication, the WTFN Group does not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, the WTFN Group, its affiliated companies and their respective directors, employees, agents and contractors:
(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of any Website, your access to any Website or results of your access, or the information, content, materials or products on any Website; and
(b) Do not warrant that the functions on any Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, under no circumstances (including, but not limited to, any act or omission on the part of the WTFN Group, its affiliated companies or their respective directors, employees, agents and contractors) will the WTFN Group, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access any Website.
You agree to indemnify and keep indemnified the WTFN Group, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of any Website (or any part of any Website) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Termination and Cancellation
The WTFN Group reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to any Website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, the WTFN Group will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on the liability of the WTFN Group will survive such termination.
The WTFN Group (“we” “our” “us”) acknowledges and respects the privacy of individuals. This policy sets out the way in which we will use, manage and protect your personal information in accordance with the Australian Privacy Principles and all relevant privacy legislation protecting the rights of individuals.
What Kind of Personal Information Does WTFN Collect & How Do We Collect It?
We may collect personal information from you including, but not limited to, your name, address, telephone number, and email address, when you knowingly provide us with information, including without limitation, when you contact us directly or via a Website, enter a competition or promotion conducted through a Website, or engage us to provide services to you.
Purposes for which WTFN uses, holds and discloses personal information
We may use the personal information that you submit to us to store and process that information to provide goods and/or services and to improve our services.
We may disclose your information to our suppliers, contractors, and agents for the purpose of providing you goods and/or services that you have ordered and/or requested from us. For example, where you provide us with your personal information to register for a “Mates Rates” promotion that may be conducted on www.coxy.com.au, we will provide your name and contact phone number to the participating vendor for the purposes of following-up regarding your Mates Plates booking.
We may send you offers or information about goods or services that we consider will be of interest to you and may also allow that information to be given to third parties for a similar purpose unless you clearly indicate that this is not to occur.
For clarity, personal information that you submit to us including your name, address, telephone number and other information you may provide, may be disclosed to a third party:
• to meet the purpose for which it was submitted, including for any other purpose as may be deemed reasonably necessary; or
• for the purpose of processing and delivering your request; or
• when we have your consent to share the information; or
• if we are required or authorised by law to disclose the information; or
• to protect the rights or property of the WTFN Group; or
• if your personal information is collected in connection with a joint promoter of a promotion or competition, to that joint promoter for marketing and research and other related purposes; or
• to meet contract or supply agreements, including, but not limited to, with television broadcasters and our promotional partners; or
• to choose contestants and participants for our programs; or
• to consider any program proposal you submit to the WTFN Group.
Disclosure of Personal Information Overseas
We may disclose personal information to our affiliated companies both in Australia and overseas. The WTFN Group cannot guarantee that all countries to which we may disclose information will offer the same level of protection for personal information as set out in the Australian Privacy Principles. The countries that information may be disclosed to will vary from time to time but may include the United States of America, the United Kingdom and Singapore. By providing your personal information you consent to any such overseas transfers on these terms as permitted by the Australian Privacy Principles and agree that the WTFN Group is not liable in this regard.
Accuracy and Security of Personal Information
We will take reasonable steps to ensure that the personal information we collect is accurate, complete and up-to-date. The storage of personal information and the hosting of web sites may be performed on our behalf by our trusted service providers. Personal information is currently stored on secure servers located overseas, including, but not limited to, in the United States and Singapore and you consent to this transfer in accordance with the above.
We will take reasonable steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure. However, you acknowledge that such security cannot be 100% guaranteed.
Access to Personal Information
You can access, review and request correction of any personal information concerning you. You may also request that we delete your personal information at any time. Any such requests should be made to Legal Counsel, WTFN Entertainment Pty Ltd 210, Riversdale Road Hawthorn, Victoria, Australia 3122.
Where you are seeking information held on electronic file, or where you are seeking hard copies of personal information, we reserve the right to charge a reasonable handling/postage fee, as appropriate.
With some personal information that may be held on program tapes, for example, we also reserve the right to charge you a reasonable handling/postage fee, as appropriate.
We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs or sexual orientation) except with your specific consent or in the circumstances permitted in the Australian Privacy Principles.
Passive Information Collection
As with many commercial websites, we may also collect information which tells us about visitors to the Websites. This may include, for example, information about the date, time and duration of your visit and which pages of our Websites are most commonly accessed. Certain types of this information can be passively collected using various technologies, including but not limited to, cookies, unique device identifiers, web beacons, navigational data collection (log files, server logs and clickstream data). Some of these technologies are outlined below. By accessing our Websites generally, including through a link in an email, you consent to the collection of such information where it is personal information.
A “Cookie” is a piece of information that our server may send to your machine when you visit our Websites. The Cookie is stored on your machine, but does not identify you or give us any information about you.
A Cookie helps us to recognise you when you re-visit one of our Websites and to co-ordinate your access to different pages on the Website. With most Internet browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, please refer to your browser instructions.
b. Clickstream Data
Each time you visit a Website, our server collects some anonymous information, known as “clickstream data”, including the type of browser and system you are using, the address of the site you have come from and move to after your visit, the date and time of your visit, and your server’s IP address.
We may collect this information for statistical purposes to find out how our Websites are used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to evaluate and improve performance of our Websites.
Links to other sites
We may provide links to other sites. If you use these links, you will leave our Websites and we are not responsible for any of these third party websites, their content or their usage of your personal information. We advise that you check the applicable privacy policies on those sites.
If you are concerned that there may have been a breach of your rights under the Privacy Act 1988 (Cth), please contact us at email@example.com or by writing to Legal Counsel, WTFN Entertainment Pty Ltd, 210 Riversdale Road, Hawthorn, Victoria, Australia, 3122.
If you do not receive a satisfactory response from the WTFN Group to your query, problem or complaint you may refer it to the Officer of the Australian Information Commissioner, GPO Box 5218 Sydney NSW, 2001 or phone 1300 363 992.
You may contact us here or in writing to Legal Counsel, WTFN Entertainment Pty Ltd 210 Riversdale Road, Hawthorn, Victoria, Australia, 3122 or by telephoning +61 3 9810 7111 if you wish to discuss any privacy issues, or if you do not wish to receive any future communications from the WTFN Group.