Terms & Conditions
Fandom Connect Operating Pty Ltd ABN 30 631 989 985 (Scorz) needs to collect your personal information to facilitate your access and use of the Scorz website, provide products and services to you, and otherwise conduct our business functions and activities.
Fandom Connect Operating Pty Ltd (ABN 30 631 989 985) ("the Company", “Scorz” "we", "us" or “our") is committed to protecting the privacy of our users and providing a safe online environment. Our commitment to protect and respect our user’s privacy is in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and other applicable laws (Privacy Laws).
We take our customers privacy seriously. This policy explains how we collect, use, hold and disclose your personal information under the Privacy Act and applicable Privacy Laws.
2. What is personal information?
Personal information includes any information or an opinion about an identified individual or an individual who can be reasonably identified from that information. The information or opinion will still be personal information regardless of whether it is true or not and regardless of whether a record has been kept of it.
3. What kind of personal information to we collect and hold?
In the process of conducting our businesses, we collect a range of personal information about our current and prospective customers, contractors, employees, suppliers, agents, service providers, other business associates and the people who run the businesses we deal with. This information can include such things as name, contact details, date of birth, state of residence, bank account and credit card details and location, hire date, employee type, amount paid (weekly and year to date) and position title. We will only collect your personal information where it is reasonably necessary in order for us to carry out one or more of our functions or activities or we are required to by law.
You are not obliged to provide your personal information to us, but if you choose not to do so, then we may not be able to provide some or all our services to you. You may however use a pseudonym during some interactions and where it is not necessary for us to identify you. For clarification on circumstances where you must identify yourself, please contact our Privacy Officer at email@example.com. You may use a pseudonym or not identify yourself when making such a request.
Sensitive information (e.g. information about your race, ethnicity, health or criminal record) is subject to additional protections under the Privacy Act. We will only collect your sensitive information with your consent or when permitted under Australian law.
We will not adopt a government related identifier as your identifier unless we are required or authorised by law or it is reasonably necessary to verify your identity for the purposes of our activities or functions or necessary to fulfil our obligations to an agency or State or Territory authority.
We will take such steps (if any) as are reasonable in the circumstances to ensure that your personal information we collect, use or disclose is accurate, up-to-date, complete and relevant.
4. How do we collect personal information?
We will collect personal information directly from you (unless it is unreasonable or impracticable to do so) by email, online support channels, when you use our applications, websites, software, products and services (collectively, the Services) or otherwise when you give it to us (for example, your details when you register for an account on our Services, participate in a survey, contest or promotion, make an enquiry about our Services, sign up to receive information from us, seek advice from us, attend an event provided by us, or apply for a job with us).
If you choose to connect your account on our Services to your account on another service (for example, Google or Facebook), we may receive information from the other service (for example, your name, email address, age range, profile picture, language, and friend list). You can stop sharing the information from the other service with us by removing our access to that other service.
When you access or use the Services, we may receive usage data about your interaction with the Services (for example, when you create or log into your account or pair goods to your account), and, if you have given us access to your location, we may also collect location data. We collect this from Wi-Fi access points, GPS signals and cell tower IDs. You can remove our access to your location by using your mobile device settings (however doing so may result in you not being able to fully access the Services). We may also derive your approximate location from your IP address.
We will usually only collect personal information about you from you, however in some situations we may collect personal information about you from a third party. We will only collect personal information about you from a third party if it is unreasonable or impracticable for us to collect this information directly from you, or we are otherwise permitted, required or authorised by law to collect this information from the third party.
If we receive your personal information from a third party without having asked you for it, then within a reasonable time, we will determine whether we could have collected it in the ways outlined in paragraph 4 above. If we determine that it could not have been collected in one of those ways and it is lawful and reasonable to do so, then as soon as practicable we will destroy the information or ensure that it is de-identified.
Some personal information (e.g. race, ethnicity, health information etc.) is sensitive and requires a higher level of protection under the Privacy Act. We will only collect your sensitive information when we have your consent and the collection is reasonably necessary for us to carry out one or more of our functions or activities unless otherwise authorized by law.
We will not use your sensitive information for the purposes of direct marketing unless you have given us permission in writing. We will always provide a simple means for you to "opt-out" from receiving direct marketing, which typically involves an "opt-out" link on emails, "tick-a-box" on the collection form or through a pop-up on your screen when you provide personal information online.
We will not use or disclose your personal information for the purposes of direct marketing material if you have previously told us not to.
If at any time in the future you do not want us (or one of our service providers) to send you direct marketing material, then you can simply inform our Privacy Officer by contacting them via email at firstname.lastname@example.org.. We will affect the change in a reasonable time and without charge.
6. How do we hold and protect your personal information?
The Services rely on cloud-based web servers hosted by our third-party service provider. Our third-party hosts may host your data in servers located in Australia and the USA or elsewhere. Servers on which we store personal information are located in Australia and the USA (and servers on which our Partners or clients store information may be located outside of Australia, including USA and Canada).
We also use other intermediaries, like email notification providers, payment processors and technical support services that may be located in Australia or overseas, and when you or we use their services in connection with your account on our services, your payment information may transit to wherever they or their facilities are situated. Please be aware that the information you provide to us may be processed outside of your home jurisdiction, and our third-party service providers, including hosts and payment processors, may as a result be subject to the laws of other countries, which may not be as protective as the Privacy Act and the Privacy Laws in Australia.
We maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of your data. We have multiple security measures in place to protect against the loss, misuse, or alteration of information under our control. These include encryption of data in transit, regular software security updates, periodic risk assessments, and remediation of identified security vulnerabilities in a timely manner.
However, please be aware that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit or otherwise provide to us and you do so at your own risk.
If you create an account, you will be asked to select passwords for yourself to access the Services, and this password will be used to allow you to use the Services. You are responsible for maintaining the strict confidentiality of your account password, and for any activity that occurs under your account credentials, whether or not authorised by you.
7. For what purposes do we collect, hold, use and disclose personal information?
The main reasons we collect, hold, use and disclose your personal information is to verify your identity, enable us to provide our products and services to you including:
- providing you with Services;
- marketing and selling our Services;
- communicating with you, including providing you with information (including marketing material) about our business, Services, and relevant news and events that we think may be of interest to you, sending you Service notifications, and seeking your opinion on the quality of, and proposed changes to, our Services;
- conducting promotional activities and providing special offers
- assessing and processing any enquiries and requests that you make (including orders for Services, and employment enquiries);
- administering and managing our relationship with you;
- providing you with invoices and reminder notices;
- improving our Services and developing new ones;
- complying with legal requirements, and facilitating the safety and security of our Services (including authenticating users, facilitating secure payments, enforcing our terms and policies, responding to a legal request or claim, protecting against fraud and abuse, and conducting audits); and
- resolving any complaints that you may have about us or our Services.
We may disclose your personal information to our corporate affiliates, contractors, agents, consultants, and professional advisors (including business partners, advertising partners, mailing and printing houses, IT providers and other service providers) (collectively, Partners) who assist us in undertaking our business functions and activities, including running our websites. When we undertake activities on behalf of a client of ours, we may disclose your personal information to that client. Some of our Partners and clients are located outside Australia, including in the USA and Canada. We may also provide the information to our customer support team to enable them to verify your identity.
We cooperate with law enforcement requests for information that are made under force of law. Therefore, we may provide personal information to law enforcement agencies in what we believe to be regular compliance checks or emergency situations, where we have a good-faith belief that we are required to do so by statute, court order, legal process or lawful authority, and to our legal counsel in connection with the foregoing. We may also disclose personal information to third parties if we believe, in good faith, that disclosure is appropriate or necessary to enforce our Terms of Service, to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Services, and to protect the rights, property, or personal safety of Scorz, our users or others.
If Scorz becomes involved in a sale of its business or other change of control transaction, whether by way of a sale of some or all of its assets, or if its owners propose to sell their interest in the Company, or otherwise, the acquirers will acquire all of the information we have, together with the rest of our business, upon the completion of the applicable transaction, provided, however, that your information will remain subject to this policy.
8. Access and correction of personal information
If we hold personal information about you, you have the right to request access to that personal information, and to request its correction if you think that it is inaccurate, out-of-date or incomplete.
We will respond to your request for access or correction to your personal information within a reasonable period after the request is received (and we will endeavour to respond within 30 days).
We will take reasonable steps to correct your personal information (at no charge) if we are satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. This extends to third parties that we have provided your personal information to unless it is impracticable or unlawful to do so. If you contact us, we will ask you to verify your identity before we provide you with information or make changes.
If you require access or personal information to be corrected please contact us at email@example.com.
If you have any concerns or complaints about how your personal information is being handled by us, please kindly contact us first by sending the details of your complaint to firstname.lastname@example.org. We will investigate your complaint and respond to your concerns as quickly as possible and within 30 days.
If we cannot resolve your complaint to your satisfaction, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC), by email at email@example.com or in writing to GPO Box 5218, SYDNEY NSW 2001, who may investigate your complaint further. The OAIC can be contacted by telephone on 1300 363 992.
We may amend this policy from time to time. When we do, we will post the updated policy on our Services. If we make any material change to this Agreement we may also notify you via the email address you provide to us on registration, or as otherwise required by law and ask that you consent to those material changes.
By accepting this policy in your account registration or by visiting and using the Services, you expressly consent to our collection, use and disclosure of your personal information in accordance with this policy. This policy is incorporated into and subject to our Terms of Service.
12. Contact details
Last Updated: 18 September 2019
SCORZ E-Comm Terms and Conditions
These Terms and Conditions are between you and Fandom Connect Operating Pty Ltd (ABN 30 631 989 985) (Scorz).
Part A: General SCORZ E-Comm terms
1. Your acceptance
(a) These are the Terms and Conditions (Terms) on which Scorz (also referred to as we, our or us) permit users (referred to as you or your) to:
(i) access and use the SCORZ E-Comm site (the Site) including any content, information, communications, advice text or other material made available through the Site (Scorz Content); and
(ii) purchase products and services via the Site.
(b) You agree to be bound by these Terms when you use, browse or access any part of the Site.
(c) Scorz may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Your use of the Site will be governed by the most recent Terms posted on our Site. By continuing to use the Site, you agree to be bound by the most recent Terms. It is your responsibility to check our Site regularly for updated versions of the Terms.
2. Scorz Content
(a) This Site is owned and operated by Scorz or our licensors.
(b) The Scorz Content on the Site is for general information and promotional purposes only. Scorz does not warrant or make any representations as to any third party products or services described or referred to on the Site. Any use of the Scorz Content, materials or information by another person or organisation is at your own risk.
(c) The Scorz Content on the Site is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Scorz Content on the Site is not an endorsement of any organisation, product, service or advice.
(d) All intellectual property rights, including copyright, in the Site and Scorz Content are owned or licensed by Scorz or any of its related entities. You must not copy, modify or transmit any part of the Site or Scorz Content.
(e) The Site and Scorz Content may contain trade marks, logos and trade names of Scorz or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Site.
(f) Scorz grants you a non-exclusive and non-transferable licence to use the Site for your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial exploitation. You must not reproduce, use or distribute Scorz Content.
(g) If you have a complaint regarding any Scorz Content or User Content, Scorz's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Scorz Content or User Content.
Part B: Products and Services
3. Orders for products, services or both
(a) By placing an order via our Site (Order) you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by Scorz in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, Scorz may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.
(b) Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). If you do not receive a Confirmation Email, your Order may not have been accepted. If you haven't received a Confirmation Email, please contact Scorz to check the status of your Order.
(c) Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
(d) You acknowledge that Products or Services you purchase from Scorz may require you to separately subscribe to another Scorz service (via an application or otherwise) in order to use certain features and functionality.
(a) Payment for an Order is made online through the Site (Online Payment).
(b) All currency references and transactions are processed in the currency set out on the Site.
(c) The Site will indicate if the prices for a Product or Service include tax in connection with the supply of goods or services
(d) Your Order will be delivered to you using standard post.
(e) Scorz uses Shopify to provide the payment services for the Site. For more information on Shopify's security processes, please visit their Site at www.shopify.com.
(f) We accept Online Payment via Shopify using VISA, MasterCard, American Express or Diners Club credit or debit cards, PayPal, AfterPay or ZipPay.
(g) If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
(h) When submitting your credit card or other payment information on our Site you represent:
(i) that you are properly authorised to use the credit card or other payment method for payment of the relevant fee;
(ii) the information you provide is true, correct and complete;
(iii) any fees or charges incurred by you will be honoured by your credit card company or other payment provider; and
(iv) you will pay all charges incurred by you at the listed prices, including any applicable taxes.
(i) If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.
(j) You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
(k) We will provide you with a receipt at time of confirmation of the Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.
(l) The specific terms and conditions of supply for any products or services purchased via the Site will be notified to you via the Site before you finalise your Order. Your confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order.
5. Risk and title
(a) Title to the products in your Order passes to you upon delivery; and
(b) all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises.
Subject to law or as otherwise stated in these Terms, You agree that you are not entitled to a refund or replacement of the Product or Service subject to an Order.
Part C: General terms
7. Prohibited uses
You agree that in accessing and using the Site, you will not engage or attempt to engage in any activities that:
(a) download (other than page caching) or modify the Site or any portion of the Site;
(b) impersonate or falsely claim to represent a person or organisation;
(c) are commercial, including selling, marketing, advertising or promoting goods or services except as expressly permitted elsewhere in these Terms;
(d) frame the Site without Scorz's express written permission;
(e) post, link to, or otherwise communicate or distribute any misleading or deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Site in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
(f) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
(g) bypass (or attempt to bypass) any security mechanisms imposed by the Site;
(h) provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
(i) delete or alter or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Site;
(j) knowingly posts or transmits or permits the posting or transmission of any material which contains a computer virus or other harmful data, code or material;
(k) use any robots, spiders or other automated devices or processes to access, monitor or copy the Scorz Content; or
(l) solicit information (including login information) or access another user's account.
8. Links and advertisements
(a) The Site may contain links to other websites. We have not reviewed all of the third party websites linked on the Site and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Scorz provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
9. Access and communication
(a) Subject to the consumer guarantees provided for in the ACL (as defined in clause 12), Scorz does not warrant that you will have continuous access to the Site.
(b) Scorz will not be liable if the Site is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
(c) You are responsible for providing all equipment necessary to use the Site, including connectable Scorz manufactured hardware, a mobile device, Internet connections and/or other equipment or services that you need to download, install and use the Site. Many features of the Site will be unavailable if this equipment is not supplied.
(d) Scorz does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
(e) Whilst Scorz takes reasonable precautions to protect information transmitted via the Site, Scorz cannot and does not guarantee the security or confidentiality of these communications or the security of the Site.
(f) Scorz does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Site and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
(a) Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) may be collected, used and disclosed by us for the purposes contemplated by these Terms, including but not limited to:
(i) processing your payments for purchasing any products;
(ii) providing you with goods and services you have purchased;
(iii) providing direct marketing communications to you when you sign up to receive email updates from Scorz.
You will fully indemnify Scorz in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Site or Scorz Content;
(c) your communications with Scorz;
(d) any unlawful, illegal, negligent or tortious act or omission by you in relation to your installation or use of the Site; or
(e) your use of third party websites linked to the Site.
12. Warranties, consumer guarantees and limitation of liability
(a) Subject to clause 12(b), any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
(b) You acknowledge and agree that, to the maximum extent permitted by law:
(i) the Site is provided on an "as is" basis, without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose;
(ii) without limiting the above, Scorz does not represent or warrant that:
(A) the Site will work with any particular mobile device or operating system;
(B) the Site will be available at all geographic locations;
(C) you will have continuous or uninterrupted access to the Site;
(D) the Site will be error free, or that any defects will be corrected; or
(E) the Site will meet your requirements or be free from viruses or other harmful content or components; and
(iii) Scorz will not be liable if any part of the Site is unavailable to you at any time, or any functionality of the Site is impaired in any way, including due to changes by third parties to third party operating systems, or downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, congestion or other interruption in telecommunications supply, or viruses.
(c) Scorz will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Site, the Scorz Content, all links to or from the Site or the goods and services advertised or referred to on the Site.
(d) Subject to this clause 12, the maximum aggregate liability of Scorz for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
13. Termination of your access to the Site
(a) Scorz may at any time immediately terminate your access (including restricting access) to the Site or any feature of the Site for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice.
(b) This paragraph 13(b) and clauses 10, 11, 12 and 14 will survive termination of your access to the Site in accordance with paragraph 13(a) and will continue to the benefit of and be enforceable by Scorz.
14. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
15. International Use
(a) As this Site can be accessed throughout Australia and the USA, Scorz does not represent that the Scorz Content complies with the laws of any country outside Australia or the USA or that any competition, offering or content accessible through the Site is appropriate or available for use in locations outside Australia or the USA. If you choose to access the Site from outside Australia or the USA, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Site from any location where doing so would be illegal.
(b) You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia or the USA you will become the importer and may be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
16. Your rights if you are based in Australia
(a) This clause 16 applies if you are based in Australia.
(b) In accordance with your rights under the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL):
(i) if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:
(A) a reasonable consumer would not have bought the goods if they had known about the problem;
(B) the goods are significantly different from the description, sample or demonstration model shown;
(C) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
(D) the item is unsafe; and
(ii) if an item has a minor problem, please contact Scorz where we may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase.
(c) Please post the items you wish to return via trackable post (eg Australia Post Parcel Post or Express Post). Scorz will not be responsible for lost parcels that have not been sent by trackable post.
(d) Scorz will refund the postage costs for any item deemed faulty, provided you authorise your return with Scorz by email.
(e) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
(f) To the fullest extent permitted by law, the liability of Scorz for a breach of a non-excludable guarantee referred to in clause 12(b) is limited, at Scorz's option, to:
(i) in the case of goods supplied or offered by us, any one or more of the following:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; or
(ii) in the case of services supplied or offered by us:
(A) the supplying of the services again; or
(B) the payment of the cost of having the services supplied again.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
(a) We may contact you from time to time to provide you with information, advertisements, marketing material, promotional material or other similar material that may be of interest to you in respect of our products or services we may offer.
(b) By accepting these Terms, you consent to us using your details to contact you in respect of such information, advertisements, marketing, promotional material or other similar material. If you do not wish to receive marketing, advertisements, promotional material or other similar material from us, you may opt out by contacting firstname.lastname@example.org.
19. Wireless carrier charges and availability
a) You acknowledge and agree that by using the Site you may incur charges from your usage of data over the internet and that any such charges will be your sole responsibility.
b) Scorz does not promise you that you will have uninterrupted or error-free access to and use of the Site.
If you have questions about the Site or the Terms, please contact us by email at email@example.com.