Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Sunstone Projects will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sunstone Projects make any express or implied representation or warranty about the content or any products or content (including the products or content of Sunstone Projects) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the content or any of the products of Sunstone Projects; and
the content or operation in respect to links which are provided for your convenience.

Privacy Policy

This following document sets forth the Privacy Policy for the SUNSTONE PROJECTS website, www.sunstoneprojects.com.au.

Sunstone Projects is committed to providing you with the best possible customer service experience. Sunstone Projects is bound by the Privacy Act 1988 (Cth) (“Privacy Act”), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information

There are many aspects of the site which can be viewed without providing personal information, however, for access to future customer support features you are required to submit personally identifiable information. This may include your name, address, telephone number, email address and profession or occupation. If the information Sunstone Projects collects personally identifies you, or you are reasonably identifiable from it, the information will be considered to be personal information.

Sunstone Projects will collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect it in ways including:

through your access and use of our websites;
through your enrolment and participation in surveys, questionnaires, customer loyalty programs, competitions and promotions run by or on behalf of Sunstone Projects;
during conversations between you and our representatives;
when you make an enquiry, complete an application or purchase order; or
in the case of incidents in which you are involved, from you, witnesses, CCTV footage, medical consultants and other consultants and third parties.

We may also collect personal information from third parties including from our related companies, third party companies such as credit reporting agencies, law enforcement agencies and other government entities.

Sharing of your personal information

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Sunstone Projects takes reasonable steps to ensure that these organizations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information

For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

If you decide not to provide Sunstone Projects with the personal information described above, some or all of the following may happen:

Sunstone Projects may not be able to provide the requested products or services to you, either to the same standard or at all;
Sunstone Projects may not be able to provide you with information about the products and services that you may want; or
Sunstone Projects may be unable to tailor the content of its websites to your preferences and your experience of the websites may not be as enjoyable or useful.

Changes to this Privacy Policy

Sunstone Projects reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

Accessing Your Personal Information

You have a right to access or correct your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Sunstone Projects reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or it would result in a breach of confidentiality. If that happens we will give you written reasons for the refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. If you wish to update the personal information that Sunstone Projects may hold, please contact us with the information you would like to have amended using the contact details below. In some unusual cases we may not agree that there are grounds for amending your personal information. If that happens, we will add a note to the personal information stating that you disagree with it.

We will not charge you for simply making the request and will not charge for making any corrections to your personal information. Depending on the nature of the request, we may ask you to verify your identity, put your request in writing and to complete an enquiry form, which will be sent to you.

Contacting us

Sunstone Projects welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us by any of the following means during business hours Monday to Friday.

Security

Sunstone Projects takes all reasonable security measures to protect personal information from loss, unauthorised access, destruction, misuse, modification or disclosure.

Call: (03) 9798 8129
E-mail: [email protected]

Terms of Use

1. About the Website

The Website is operated by Sunstone Projects. Access to and use of the Website, or any of its associated Products or Services, is provided by Sunstone Projects. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Sunstone Projects reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sunstone Projects updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Sunstone Projects in the user interface.

3. Copyright and Intellectual Property

The Website, the content and all of the related products of Sunstone Projects are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Sunstone Projects or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Sunstone Projects, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.

Sunstone Projects does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Sunstone Projects.

Sunstone Projects retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Sunstone Projects and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

4. Privacy

Sunstone Projects takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Sunstone Projects’s Privacy Policy, which is available on the Website.

5. Limitation of liability

Sunstone Projects’ total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

You expressly understand and agree that Sunstone Projects, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

You acknowledge and agree that Sunstone Projects holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

6. Indemnity

You agree to indemnify Sunstone Projects, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the terms.

7. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.