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Terms of Use

This website www.foreverclover.com.au (including, without limitation, the online shop and the Forever Clover blog) ("Website") is owned and operated by Forever Clover Pty Ltd (ACN 119 064 523). 

1. Acceptance of Terms of Use

Your use of the Website is conditional upon your acceptance and compliance with these terms and conditions ("Terms of Use"). If you are a parent or guardian and you provide consent to your child's use of this Website you agree to be bound by these Terms of Use in respect of their use of the Website. 

We reserve the right to amend the Terms of Use from time to time and without notice. By continuing to use the Website you accept and are bound by the Terms of Use as they apply from time to time. You may like to check the Terms of Use from time to time to see if they have changed. 

2. Forever Clover® Club terms & conditions

The Forever Clover® Club ("FC Club") is open to members who submit the "Join the FC Club" form on the Website and agree to these Terms of Use ("FC Club Member"). Membership is for an indefinite period of time. We reserve the right to refuse any application for membership and to terminate any membership without reason. We do not warrant that the privileges or benefits of FC Club Members will be available at any particular time. 

FC Club Members retain copyright in any material they submit or post to us and/or the Website (including without limitation ideas, questions, comments, text, drawings, musical compositions, photographs, videos, voice messages) ("Submissions"). However, the act of sending a Submission to us and/or the Website, grants us a perpetual, royalty free, non-exclusive, irrevocable, unrestricted, world wide licence to display it on the Website, on any social media platform (including, without limitation Facebook, Instagram and Twitter) ("Social Media Platforms") or in any FC Club newsletters or advertising and world wide rights, including moral rights to display it in any advertising related to the Website without compensation. 

We will post Submissions from time to time on the blog on the Website, on our Social Media Platforms and in our FC Club newsletters. We reserve the right to copy, adapt, amend and create derivative works from any Submission. We also reserve the right to refuse to use a Submission or to remove a Submission at any time without reason. Unless agreed in writing prior to submitting, all Submissions sent via post will not be returned. 

By sending us a Submission you warrant that you have the right to do so and that any Submission will not infringe the rights, including intellectual property rights, of any third party. You shall not submit any Submissions that libel, defame, invade privacy or are obscene or pornographic or violate any law or regulation. You also agree that you will not send us a Submission that contains a virus or other harmful component or otherwise tampers with, impairs or damages the Website or any connected network or otherwise interferes with any persons' use or enjoyment of the Website. 

Whilst we take all reasonable efforts to review all Submissions before posting them on the Website, we are not liable for FC Club Member's opinions or behaviour including any comments, information, advice, defamatory statements or offensive conduct. You agree to indemnify us and our directors from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable legal fees resulting from any Submission in violation of the above mentioned restrictions. 

If you would like to cease being a member of the FC Club please send an email to FCClub@foreverclover.com.au and we will destroy your personal information. For the avoidance of any confusion, the Forever Clover girls are fictional characters.

3. Privacy

We are committed to protecting your privacy online. It is very important to us that you can use and enjoy this Website without having to worry about your privacy in any way. We will only use the information that we collect about you lawfully. Children under 18 years should seek permission from parents or guardians before transmitting any personal information. 

We have a blog on our Website that is moderated by us. FC Club Members are entitled to send Submissions to the blog. Any Submissions posted to the blog will include the FC Club Member's first name, the first letter of their surname and, for the avoidance of doubt, if sent by the FC Club Member, a photograph. This information is posted so that the FC Club Member is able to identify their Submission if posted on the blog on the Website. Whist we review Submissions and take measures to ensure FC Club Members do not communicate personal information (other than their first name, the first letter of their surname, their age, suburb and photograph), we are not responsible for the personally identifiable information that FC Club Members choose to submit. You should be aware that if your child sends a Submission to the FC Club, that Submission, including any photographs, may also appear on our Social Media Platforms and in FC Club newsletters. If you do not want your child's Submission to appear on our Social Media Platforms or in FC Club newsletters, please let us know at the time your child sends their Submission.  

Information Collection
We may collect your name and contact details, some personal details including date of birth, information about products you have obtained from us or are interested in, credit/debit card details and other information that you give us or that are given to us by a third party who we believe has informed you that your details may be provided to us. We do not keep credit/debit card details. 

We accept payments via PayPal or Direct Deposits (for Australian customers). PayPal enables you to send payments online without sharing your financial information with us. PayPal uses advanced proprietary fraud prevention systems to ensure secure transactions. 

Information Purpose & Usage
We use the information we collect from you to conduct our business and to notify you of products and special offers that may be of interest to you. We will not use your personal information for any other purpose without first seeking your consent. 

We will only communicate with you if you want to hear from us. We will always give you the chance to refuse any marketing email in the future via an unsubscribe function. We use our best efforts to ensure all unsubscribe requests are attended to in a timely manner. 

Information Disclosure
We may disclose information where we are required to do so by law or where we disclose information to service providers who work with us in our business or who provide support for the operations of our Website and who do not use or disclose the information for any other purpose. 

If we sell all or a part of our business or make a sale or transfer of our assets or are otherwise involved in a merger or business transfer, we may transfer personal information to a third party as part of that transaction, to the extent permitted by applicable law. 

Information Storage
We only store your personal information if it is relevant to us conducting business with you. We store your information in paper-based records or in electronic form in our databases. We take precautions to ensure the security of the information. If the information is no longer needed, we will either delete or de-identify it. We will try to ensure that the information we hold about you is accurate and up to date. You can check the information that we hold about you by emailing us at info@foreverclover.com.au and update it at any time. 

If you have any questions please contact the Privacy Manager at info@foreverclover.com.au or at Forever Clover Pty Ltd, PO Box 41, Elsternwick VIC 3185. 

4. Security

Our website uses 128/256bit SSL encryption. SSL encryption is a technology which "scrambles" information while it is sent from one computer to another which prevents the information being viewed by a non-trusted third party. 

SSL security can be verified by the padlock icon which will appear somewhere in the window of your browser page and by our web address. Normally, when browsing the web, web pages begin with the letters "http". Over a secure connection the address displayed should be "https". 

However, unfortunately no transmission over the Internet can be guaranteed to be 100% secure. As result, whist we use our best efforts to protect your personal information, we cannot ensure the security of any information you send to us and accordingly you do so at your own risk. Once we receive your information we make our best efforts to ensure its security on our systems. 

5. Copyright & Trademarks

Unless otherwise indicated, the copyright subsisting in the material on the Website, including all text, graphics, images, Submissions and other material ("Material") is owned or licensed by Forever Clover. 

The Material posted on this Website may be used solely for your own personal, non-commercial use. The Material may be downloaded to a single computer provided that you do not remove any copyright or other legal notice. 

You may not otherwise copy, reproduce, adapt, store in a retrieval system, transmit, print, publish or create derivative works of the Material or cause any of the Material to be framed or embedded in another website without the express written permission of Forever Clover or as permitted by applicable copyright legislation. 

All names, logos and trademarks are owned by Forever Clover. Nothing on the Website should be interpreted as granting any rights or any licence to use or distribute any names, logos or trademarks, without express written authorisation of Forever Clover or the relevant third parties. 

6. Links to or from other sites

The Website may contain links to other websites ("Linked Sites"). Unless expressly stated, Forever Clover is not responsible for, nor does it sponsor, endorse or approve any Linked Sites or any content on them, nor does Forever Clover provide any warranty or take any responsibility for any aspect of those Linked Sites or their content. 

You must not create or maintain any link from another website to this Website without the written consent of Forever Clover. 

7. Disclaimer

To the maximum extent permitted by law, Forever Clover excludes any and all conditions and warranties (whether express or implied) relating to the Website (including, without limitation, to its use, to the Material, the Submissions, the goods sold in the online store, membership of and/or participation in the FC Club) including, but not limited to, conditions and warranties concerning:

  • condition, suitability, quality, fitness or safety;
  • the Website meeting your requirements;
  • the Material on the Website being complete, accurate or reliable;
  • the Website and the server being available free of defects;
  • the Website and the server being free of technical problems or viruses; and the
  • confidentiality of information transmitted to or from the Website.
All warranties implied by statute are excluded to the extent expressly permitted by statute. Any liability we have to you under warranties implied by statute that cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying the goods or services again or repairing or paying the costs of repairing the goods at our option. 

You are entitled to statutory consumer guarantees under the Australian Consumer Law ("ACL"). Despite its terms, no provision of these Terms of Use limits or excludes any liability of Forever Clover in relation to any consumer guarantee under the ACL. 

8. Liability

To the maximum extent permitted by law, Forever Clover excludes any and all liability to any person for loss or damage of any kind (including loss of revenue, loss of actual or anticipated profits, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of or damage to or corruption of data and any special, indirect, incidental or consequential loss or damage whether or not the possibility of such loss or damage could have been reasonably foreseen) however caused (including by negligence) arising from or relating to or use of the Website (including, without limitation, to the Material, the Submissions, the goods sold in the online store, membership of and/or participation in the FC Club). 

You are entitled to statutory consumer guarantees under the ACL. Despite its terms, no provision of these Terms of Use limits or excludes any liability of Forever Clover in relation to any consumer guarantee under the ACL. 

9. General

The Terms of Use are governed by and will be construed according to the laws of Victoria, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a Court then such invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect. . 

If you have any questions about these Terms of Use or this Website, please contact us at info@foreverclover.com.au

© Forever Clover Pty Ltd 2014 
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