Terms & Conditions

1. Introduction

Rethinkplay, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the Website

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website.

2.1 The Site Does Not Provide Medical Advice

No information shall be construed as professional or medical advice and information is offered for information purposes only. We do not diagnose and prescribe. You and your company rely on the information contained on this website at your own risk. If you are at any point concerned for your health and well-being, or that of a loved one, please visit your nearest physician or emergency room immediately. If you find an error or omission at this site, please let us know.

3. Trade Marks

The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.

4. External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.

5. Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

6. Warranties

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

7. Disclaimer of Liability.

The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system.

In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

8. Use of the Website.

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

9. General

9.1 Entire Agreement

These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

9.2 Alteration

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

9.3 Conflict

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

9.4 Waiver

No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

9.5 Cession

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

9.6 Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

9.7 Applicable laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

9.8 Comments or Questions

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

Privacy Policy

Rethinkplay is committed to protecting the privacy and security of every client’s personal information obtained by reason of your client relationship with us. This policy explains the types of client personal information we collect, how it is used, and the steps we take to ensure your personal information is handled appropriately.

Our policies and practices have been designed to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and corresponding provincial privacy acts.

What is personal information?

Personal information is information that refers to an individual specifically and is recorded in any form. Personal information includes such things as age, income, date of birth, ethnic origin, medical records and credit records.

Information about individuals contained in the following documents is not considered personal information:

public telephone directories, where the subscriber can refuse to be listed,
professional and business directories available to the public,
certain public registries and court records, and
certain other publicly available printed and electronic publications.

Our commitment to your privacy is governed by the following privacy principles:

1. We are accountable to you.

Rethinkplay is responsible for all personal information under its control.

2. We let you know why we collect your personal information.

Rethinkplay identifies the purpose for which your personal information is collected. We do this before or at the time the information is actually being collected.

3. We obtain your consent to collect, use or disclose your personal information.

Rethinkplay obtains your consent to collect, use or disclose personal information. The method of obtaining consent is appropriate to the type of personal information being collected, used or disclosed. Rethinkplay will obtain your express consent (verbal, written or electronic agreement) to collect, use or disclose sensitive personal information.

We will use implied consent to collect, use or disclose your personal information where one or more of the following apply:

express consent has previously been given, and
where the purpose of using the personal information is reasonably apparent to you.

You can also change your consent preferences at any time by contacting Rethinkplay as noted below.

4. We limit collection of your personal information.

Rethinkplay collects only the information required to provide services to you. If the personal information we require is collected for a reason other than to provide services, your consent will be obtained before or at the time the information is collected. Rethinkplay will collect personal information only by clear, fair and lawful means.

Examples of why we collect personal information include:

Communicating with you generally.
Processing and keeping track of discussions, strategies, initiatives and related activities; and reporting back to you.
Providing services requested by you.
Recommending products and services that RethinkPlay believes will be of interest and provide value to you.
To comply with legal and governmental requirements.

5. We limit use, disclosure and retention of your personal information.

Rethinkplay uses and discloses your personal information only for the purposes it was collected. Rethinkplay does not sell or rent personal information to any organization or person for any reason. We also do not share your personal information with third parties; and we retain your personal information only as long as it is required for our business relationship or as required by federal and provincial laws.

6. We keep your personal information up-to-date and accurate.

Rethinkplay keeps your personal information up-to-date, accurate and relevant for its intended use. You may request access to the personal information we have on record in order to review and amend the information, as appropriate.

7. The security of your personal information is a priority for Rethinkplay.

We take steps to safeguard your personal information, regardless of the format in which it is held, including:

physical security measures such as restricted access areas and locked filing cabinets;
electronic security measures for computerized personal information such as encryption and password protection; and
organizational processes such as limiting access to your personal information to the consultants with whom you are directly working.

8. We are open about our privacy and security policy.

We are committed to providing you with understandable and easily available information about our policy and practices related to the management of your personal information. This policy and any related information is available at all times on our web site, www.rethinkplay.net under Privacy Policy or on request. To contact us, refer to the “Contact Us” section below.

9. We provide access to your personal information stored by Rethinkplay.

You can request access to your personal information stored by RethinkPlay. To contact us, refer to the detail below.

Upon receiving such a request, Rethinkplay will:

Inform you about what type of personal information we have on record or in our control, how it is used and to whom it may have been disclosed.
Provide you with access to your information so you can review and verify its accuracy and completeness and request changes to the information.
Make any necessary updates to your personal information.

10. We respond to your questions, concerns and complaints about privacy

Rethinkplay responds in a timely manner to your questions, concerns and complaints about the privacy of your personal information and our privacy policies and procedures.