PRIVACY POLICY

We recognise that your privacy is very important and we are committed to protecting the personal information we collect from you.

The Privacy Act 1988 (Cth) (‘Privacy Act’) and the National Privacy Principles (‘NPP’s’) govern the way in which we must manage your personal information and this policy sets out how we collect, use, disclose and otherwise manage personal information about you.

We encourage you to check our web site regularly for any updates to this privacy policy.

Privacy Collection Statement

We collect personal information for the primary purpose of providing you with the products or services you are seeking, and accordingly, if the personal information you provide is incomplete and/or inaccurate we may be unable to provide you with those services. Additionally, we may disclose this information to the owners and/or managers of this facility, one of their related entities or other organisations they have affiliations with, pursuant to the requirements of various service contracts in place for the management of this facility.

Types of information collected

We may collect and hold personal information about you, that is, information that can identify you, such as your name, address, other contact details and other information relevant to providing you with the services you are, or someone else you know is, seeking.

Types of information collected

Purpose of collection

Generally, we will collect and use your personal information for one or more of the following reasons: Providing services to you or someone else you know; processing an application you have made; acting as your agent if you request us to do so; undertaking various activities required by law; providing you with information about other services that we, our related entities and other organisations that we have affiliations with offer, that may be of interest to you; providing you with promotional information about us, our related entities and other organisations that we have affiliations with; facilitating our internal business operations, including the fulfilment of any legal requirements; and analysing our services and customer needs with a view to developing new and/or improved services.

Methods of collection

Personal information will generally be collected directly from you through the use of any of our standard forms, over the internet, via email or through a telephone conversation with you. There may, however, be some instances where personal information about you will be collected indirectly because it is unreasonable or impractical to collect personal information directly from you. We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.

Failure to provide information

If the personal information you provide to us is incomplete and/or inaccurate, we may be unable to provide you, or someone else you know, with the services you, or they, are seeking.

Internet users

If you access our web site, we may collect additional personal information about you in the form of your IP (Internet Protocol) address and domain name. Also, our web site uses cookies. The main purpose of cookies is to identify users and to prepare customised web pages for them. Cookies do not identify you personally, but they may link back to a database record about you. We use cookies to monitor usage of our web site and to create a personal record of when you visit our web site and what pages you view so that we may serve you more effectively.

Use and disclosure

Generally, we only use and disclose personal information about you for the purposes for which it was collected (as set out above). Although, we may disclose personal information about you to: service providers, who assist us in operating our business. These service providers may not be required to comply with our privacy policy; other service providers, who provide the various services that you have requested and we have arranged. These service providers may not be required to comply with our privacy policy; a purchaser of the assets and operations of our business, providing those assets and operations are purchased as a going concern; and our related entities and other organisations that we have affiliations with for the purposes of providing you with information about services and various promotions that might be of interest to you.

Security

We store your personal information in different ways, including in paper and in electronic form. The security of your personal information is important to us. We take all reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, unauthorised access, modification or disclosure, including electronic and physical security measures.

Access

You may access the personal information we hold about you, upon making a written request. We will endeavour to provide you with access to the information requested within 30 days. We may charge you a reasonable fee for processing your request.

We may decline a request for access to personal information where the Privacy Act requires us to do so.

If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date.

Links to other web sites

Our web site may contain links to other web sites. We are not responsible for the privacy practices of linked web sites and so linked web sites are not subject to our privacy policies and procedures.

Feedback

If you have any queries or concerns about our privacy policy or the way in which we handle your personal information, please contact:

Street address: Mr Percival Cafe, 14 Queens Rd, Melbourne

c/o Hallmarc

Level 14, 257 Collins Street

Melbourne VIC 3000

info@hallmarc.com.au

Telephone: 96609000

More information

For more information about privacy in general, you can visit the Federal Privacy Commissioner’s web site at www.privacy.gov.au

The privacy policy may change from time to time.

The policy was last updated on 1st July 2009.

Disclaimer

By using this Site you agree to be bound by these terms and conditions.

We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted. Your use of some parts or features of the Site may be governed by additional terms and conditions. Where this is the case you will be notified accordingly and those additional terms and conditions: – Will apply to your use of such parts of the Site or features in addition to these terms and conditions; and – Will prevail over these terms and conditions to the extent of any inconsistency.

Use of the Site is at Your Risk

Subject to paragraph (2), you use the Site at your risk and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (1) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

Intellectual Property Rights

You acknowledge that the Content on the Site is subject to copyright and possibly other intellectual property rights. In these terms and conditions, Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).

Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to: – Sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or – Otherwise infringe the intellectual property rights of any person in using the Site or any Content. Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless this is expressly stated.

You agree that our marketing logos and our corporate logo “Mr Percival Cafe” are our trademarks. All rights in these trademarks are reserved by us. All other trademarks appearing on our Site are the property of their respective owners.

Content of the Site

We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.

You acknowledge that the Content on the Site is liable to change at any time.

All prices quoted on the Site are in Australian dollars, unless otherwise indicated. Prices quoted on the Site should be used as a guide only as they may change from time to time.

Your use of the Site

You must not: – Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;

– Reproduce any Content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion; – Violate any Applicable Law relating to your use of the Site; or – Collect or store personal data about other users of the Site. In these terms and conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing: – Any law, rule or regulation of any country (or political sub-division of a country); – Any obligation under any license in any country (or political sub-division of a country); and – Any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country)

Links and Advertisements

We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability for any claims arising out of the descriptions or information supplied to us.

Your correspondence or dealings with, or participation in promotions of, any advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.

Use of the Site is at Your Risk

Subject to paragraph (2), you use the Site at your risk and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchant ability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (1) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

Limitation of Liability

To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the Site terms, the Site following, the choice of which is at our sole discretion: In the case of goods any one or more of the following: – The replacement of the goods or the supply of equivalent goods; – The repair of the goods; – The payment of the cost of replacing the goods or of acquiring equivalent goods; or – The payment of the cost of having the goods repaired; or In the case of services: – The supply of the services again; or – The payment of the cost of having the services supplied again. To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages.

Loss or corruption of data

loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. General Provisions If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. Jurisdiction This agreement is governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.