The Chimney & Fireplace Specialists ("us", "we", or "our") operates
(the "site/domain"), (the "site/domain"), (the "site/domain") & (the "site/domain").
This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection And Use
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("PI / Personal Information").
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data").
This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this Data.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information.
Cookies are small files or other pieces of data which may include an anonymous unique identifier these are downloaded or stored on your computer or other device, that can be tied to information about your use of our website (including certain third party services and features offered as part of our website).
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
"PI" or Personal Information/Personal Identifiers
By using our products and/or service/s made available, you may be asked to supply certain information relevant to your Purchase including, without limitation, your Name, address, contact information, billing information and other required "PI." Personal Information or Personal Identifiers.
This information helps us to ensure security in transactions as well as assist with business operation, such as marketing and user statistics. We collect this information through a use of mixed medium technologies including IP monitoring, livechat, popups, analytics and other third party programs. By accessing these pages/domains and associated services you acknowledge this information may be collected and in accordance with our policies and agreements will be used by CFS.
"The Chimney & Fireplace Specialists"
Licensor is the owner of the Intellectual Property.
Licensor agreed to grant to Licensee, and the Licensee agrees to accept, a licence to use the Intellectual Property on the terms set out in this agreement.
In this agreement “Licensee Group Company” means any individual or company in the Licensee group of companies and any Related Bodies Corporate, as that term is defined in the Corporations Acts 2001 (Cth), of those entities. “Intellectual Property” means the intellectual property rights set out in the schedule to this agreement. “Trust” means the Confectionery Trust established under the Trust Deed. “Trust Deed” means the trust deed dated 2 August 2012 under which the Trust was established.
2.Grant of Licence
Licensor hereby grants to Licensee a royalty‐free, charge‐free, perpetual, irrevocable, non‐exclusive licence to use the Intellectual Property with effect from the date of this agreement.
Licensor agrees that the Licensee may include the Intellectual Property on any materials, including its packaging, advertising and promotional material.
To the extent the Licensee has any pre‐existing rights (as at the date of this agreement) to any or all of the Intellectual Property, whether or not such rights have been the subject of any prior transfer as between the licensor and any successor, this agreement records all of the Licensee's rights to the Intellectual Property and the Licensee hereby forever foregoes those pre‐existing
rights (regardless of who granted them).
3.Use of trade marks
To the extent that the Intellectual Property comprises one or more trade marks, Licensee must:
comply with, and use those trade marks according to any style guide for their use issued by Licensor from time to time and any other reasonable directions of Licensor
Licensor will allow Licensee a reasonable period in which to implement any changes to the style guide or any other reasonable directions of Licensor;
only use those trade marks on products of an appropriate standard generally;
not alter or deface those trade marks or use them in any manner that is reasonably likely to mislead, deceive or cause confusion;
not act or omit to do anything that would bring those trade marks into disrepute or damage the goodwill and reputation associated with them or the owner of the marks.
4.Infringement of Intellectual Property
Other than as permitted by clause 8, Licensee must not, without Licensor’s prior written consent (in Licensor's discretion), threaten to bring proceedings for infringement of the Intellectual Property against any person.
Licensor (in its discretion) has the right, but not the obligation, to bring proceedings for infringement of the Intellectual Property.
5.Assignment and Sub-licences
may assign all of the Intellectual Property to another person provided Licensor:
provides Licensee with at least 60 days prior notice; and
ensures that the assignee takes the Intellectual Property subject to this agreement (whether by assignment or otherwise) and, if required by Licensee, takes a novation of this agreement from Licensor on terms reasonably acceptable to Licensor. Any such novation will not delay the time at which the assignment by Licensor under this clause takes effect.
Licensee may, by notice to Licensor, novate all of its rights and obligations under and the benefits of this agreement (on terms reasonably acceptable to Licensor) provided that the proposed novatee would be entitled to receive a direct licence of the Intellectual Property in accordance with the terms of the Trust Deed.
Licensee may sub‐license its rights under this agreement to any person, including any Licensee Group Company, that would be entitled to receive a direct licence of the Intellectual Property in accordance with the terms of the Trust Deed provided that the sub‐licensee is bound by the terms of this agreement as though it were party to it and Licensee is responsible to Licensor for any breach of that sub-licence by the sub‐licensee.
Licensee releases Licensor from any claim Licensee has against Licensor or any predecessor in title to the Intellectual Property in connection with use of the Intellectual Property by Licensee before the date of this agreement. For the avoidance of doubt, nothing in this clause prevents either party from making any claim to enforce its rights under this agreement.
represents and warrants that to the best of its knowledge and belief:
the Trust is validly constituted and is currently in existence;
is, at the date of this agreement, the sole Trustee of the Trust, and, at the date
of this agreement:
no resolution has been passed or direction or notice has been given removing
as Trustee of the Trust; and
has not given notice of resignation as Trustee of the Trust; and
the Trust Deed is the only document governing the Trust.
Neither party may initiate legal proceedings with respect to the subject matter of this agreement (other than interlocutory proceedings) unless it has first given notice of the dispute to the other party requiring that they reasonably negotiate to resolve the dispute, having regard to the terms of the Trust Deed (as applicable).
If a notice of dispute is given under clause
, both parties must act reasonably to seek to resolve that dispute within a reasonable period of time, failing which either party may take such further action as it believes appropriate in the circumstances provided that it must give the other party not less than 30 days notice of its intention to take such further action.
Any notice, approval, request, demand or other communication (“Notice”) to be given under this agreement must be in writing.
personally shall be deemed served upon delivery;
by mail shall, in the absence of evidence to the contrary, be deemed served four business days after mailing;
by overseas air mail shall, in the absence of evidence to the contrary, be deemed served within seven business days after mailing; and
by email transmission shall, in the absence of evidence to the contrary, be deemed served upon receipt of a read receipt transmission report by the computer from which the email was sent indicating the email had been received in its entirety by the designated email address.
Each party must do all things necessary or reasonably desirable to give effect to this agreement to the extent that such does not conflict with the terms of the Trust Deed.
This agreement does not create a partnership, agency, trust or fiduciary relationship between the parties.
The security of your Personal Information is important to us, however no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to protect your Personal Information, we cannot guarantee its absolute security. CFS will attempt to keep all your information private, we will not distribute your information to third-parties without your permission other than for necessary business operations or in accordance with our PI agreement.
While every effort is taken to secure your information in the event of a breach you acknowledge that CFS holds no responsibility and cannot be held liable for any breach of information. In the unlikely event of a breach CFS will attempt to contact any affected parties where possible.