This Internet “Microminimus” web site (‘Site’) is owned by Wicked Weasel Pty Ltd ABN 2300 392 7553 and is operated under licence by Wicked Weasel Bikinis Pty Limited, ABN 88 164 251 950 (‘Wicked Weasel’). The following provisions set out the terms and conditions (‘Terms and Conditions’) under which any person accessing and using the Site (‘You’ and ‘Your’) may:
- Access and use the Site, including any pages or information linked to it that are owned and operated by Wicked Weasel; and
- Purchase a Service or Services from Wicked Weasel through membership link on the Site.
- Utilise the community messaging facilities.
By accessing and using the Site, You agree to be bound by the Terms and Conditions. Please read the following Terms and Conditions carefully before accessing and using the Site. Your accessing and using the site is manifestation of agreement by you to be bound by these Terms and Conditions.
The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (‘the Works’), is the exclusive property of Wicked Weasel or its content suppliers, and is protected by Australian and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party. As such, You agree not to use the Works in any way that is adverse to the Licence granted to You under these Terms and Conditions.
The mark “Microminimus” and “Wicked Weasel” indicated on the Site, are the registered trademarks of Wicked Weasel in Australia, throughout the European Union, The United States of America and numerous other countries throughout the world. These marks may not be used, in any way, without the prior written permission of Wicked Weasel.
5.1. Wicked Weasel grants You a limited, non-exclusive, revocable licence to: access, use, and download the Works contained in the Site solely for non commercial and personal purposes; access and use the Site solely for non-commercial and personal purposes; and if You are an internet service provider, supply the Works contained in the Site to Your subscriber.
5.2. Any conduct with respect to any of the Works contained in the Site, other than that described in clause 5.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of Wicked Weasel), is strictly prohibited.
5.3. Any conduct with respect to the Works that is authorised by Clause 5.1, must include the Wicked Weasel copyright notice “© 2001 Wicked Weasel Pty Limited. All Rights Reserved” and any other credits, trademarks or other legal notices applicable to the Works.
6. Use of the site by Minors (Children)
Wicked Weasel does not target as customers, or solicit data from, persons under the age of eighteen (18) years (‘Minors’). Minors should obtain the consent of a parent or guardian prior to accessing and using the Site.
7. Submission of material to the site
7.1. Wicked Weasel may invite (‘Invitation’) You to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response (‘Material’), to the Site (particularly to the ‘Contributors Gallery’ and ‘Bikini Competition’ and ‘Messaging’ sections of the Site).
7.2. Upon the Invitation of Wicked Weasel, You may submit Material to the Site, provided that such Material:
- Is accurate;
- Is not defamatory, obscene, threatening, pornographic, offensive or inappropriate;
- Does not violate any applicable law, including communications that would give rise to criminal or civil liability;
- Does not advocate or otherwise condone any illegal activity;
- Does not infringe the intellectual property rights of any third party;
- Does not violate or infringe the rights of any person or entity, including a person’s right of privacy; or
- Does not consist of, or contain computer viruses, malicious computer code, computer trojan, political campaigning, commercial solicitation, chain letters, mass mailings, or
- Any form of ‘spam.’
7.3. Wicked Weasel shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. Wicked Weasel nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions, Posting Rules or otherwise deemed to be inappropriate by the management of Wicked Weasel.
7.4. Wicked Weasel reserves the right at its sole discretion to cancel any membership of any subscriber without refund if there is any breach or breaches of the provisions set out in clauses 7.1 – 7.6 and/or 5.
7.5. In consideration for Wicked Weasel granting You an opportunity to submit Material to the Site, You hereby agree that:
- Such Material is non-confidential; and
- By submitting such Material, pursuant to section 196(4)of the Copyright Act 1968 (Cth)(http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s196.html ) You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999 (Cth)) authorising the assignment of all rights, title and interest in all such Material to Wicked Weasel, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.
7.6. You warrant and represent that:
- Any Material submitted to the Site is original and will not infringe or breach any law or any person’s right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence whether created under statute, at common law or in equity);
- Any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to Wicked Weasel, free from any claim by any person or legal entity;
- You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by Wicked Weasel in perpetuity, without any requirement for Wicked Weasel to make any payment to You or such third parties, and can provide any written evidence of this to Wicked Weasel on Wicked Weasel’s request;
- You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit Wicked Weasel’s rights to use the Material;
- As to living people identifiable in the Material, if any, You have acquired written permissions and releases permitting the exclusive use of the said person’s name, likeness and life story in connection with any use of the Material and You hereby assign such rights to Wicked Weasel;
- You will enter into any formal written documentation if required by Wicked Weasel, to reiterate Your assignment of all rights in the Material to Wicked Weasel; and
- You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.
8. Purchase of Membership Service or Services
8.1. The pricing aspects of the Terms and Conditions of membership are set out on the home page under “About Microminimus”.
8.2. At the expiration of the membership period being 12 months from the anniversary of the commencement date subscribers to the Site will be required to re apply for membership of the Site.
8.3. Wicked Weasel warrants that it does not retain on file any details of subscribers credit or debit cards.
8.4. Wicked Weasel reserves the right to vary the membership fee at any time.
8.5. A Microminimus site member may cancel their membership at any time but no refund for the unexpired portion of the membership period will be granted.
9. Disclaimer of warranties and limitation of liability
9.1. Wicked Weasel reserves the right to modify or adapt any part of the Site and or the Works (including information about the service, including these terms and conditions) without notifying current or prospective customers, users or subscribers.
9.2. Wicked Weasel is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Wicked Weasel intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided “as is”, without any warranty of any kind.
9.3. Wicked Weasel’s liability for a breach of a condition or warranty implied by Pt 3-2 Div 1 of the Australian Consumer Law is limited to:
(1) in the case of goods, any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
© the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired; or
(2) in the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.3
9.4. To the full extent permitted by law, Wicked Weasel, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.
9.5. If Clause 9.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of Wicked Weasel to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Service or Services from Wicked Weasel, pursuant to an Agreement, through the Site.
9.6. Wicked Weasel will in no way be liable for any third party content, Material, Works, website links or websites connected to such links whether or not the User accessed such content, Material, Works or website links directly or indirectly from the Site or as a result of a posting made on the Site by a subscriber.
You agree to indemnify Wicked Weasel and hold Wicked Weasel indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
11. Links to third party sites
Wicked Weasel makes no representations whatsoever about any other web sites which You may access from this Site (‘Third Party Site’). A link from this Site to a Third Party Site does not mean that Wicked Weasel endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.
12. Electronic communications
12.1. You consent to receiving communications from Wicked Weasel electronically, including electronic mail or notices posted on the Site.
12.2. You acknowledge that all agreements, notices, disclosures and other communications that Wicked Weasel provides to You and that You provide to Wicked Weasel electronically, satisfy any legal requirement that such communications be in writing.
Wicked Weasel may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice (‘Notice’):
- By electronic mail; or
- By ordinary post to your address contained in the Customer Details; or
- By posting on the Site.
14.1. The Terms and Conditions constitute:
- The entire agreement between Wicked Weasel and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site; and
- Part of an Agreement for You to purchase a Membership Subscription from Wicked Weasel through the Site, as provided for in Clause 8.
14.2. The Terms and Conditions supersede all previous, written or oral agreements between You and Wicked Weasel.
14.3. No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
14.4. A construction of this document that results in all provisions being enforceable is to be preferred to a construction that does not so result. If, despite the application of this clause, any provision of the Terms and Conditions is held to be unlawful, invalid, frustrated, illegal, unenforceable or in conflict with any law in Australia, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.
14.5. Your indemnity and assignment of all rights in any Material submitted to Wicked Weasel and the Site will survive any change to, or termination of, the Terms and Conditions.
15.1. In this document, unless the context otherwise requires, the following rules of interpretation apply:
• A reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.
• A reference to any agreement or document is to that agreement or document as amended, notated, supplemented or replaced from time to time.
• A reference to a clause is a reference to a clause, of this document unless otherwise stated.
• An expression importing a natural person includes any company, trust, partnership, joint venture, association, corporation, body corporate or governmental agency.
• Where this agreement is entered into by a natural person or persons for or on behalf of a corporation, that person or those persons and the corporation’s directors shall be deemed to be held jointly and severally liable for the corporation’s obligations pursuant to this agreement.
• The Site is an Australian English language based site. Therefore, where any issue arises in regard to the interpretation of any word or words contained on the site such issue shall be resolved by reference to the Macquarie Dictionary (Butler, S (ed)).
Except as expressly permitted by the terms and conditions, You must not assign your Membership, including but not limited to, any of your rights or obligations under this document without the prior written consent of Wicked Weasel. That consent may be given or withheld in Wicked Weasel’s absolute discretion.
17. Applicable Law
The Terms and Conditions shall be governed by, and construed according to, the laws of New South Wales, Australia. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of New South Wales and, by using the Site, You hereby submit to that jurisdiction.
You hereby agree, prior to instituting legal proceedings, to contact Wicked Weasel, via post to the address below, and to make a genuine attempt to resolve the dispute directly.
Wicked Weasel Bikinis Pty Limited
156 Jonson Street
Byron Bay NSW 2481
1.2.2 it will then apply through your acceptance of it by subsequent or continued use of the Platform and/or our Services.
2.1 Primary purpose. We collect your personal information to lawfully carry out our functions and activities and provide you our Services (Primary Purpose).
2.2 Related purposes. In addition to the Primary Purpose, we may use the personal information we collect and you consent to us using your personal information to:
2.2.1 provide you with further information about the Services you requested and any other services and events you may be interested in;
2.2.2 personalise and customise your experiences with us;
2.2.3 help us review, manage and enhance our Services and develop insights used in reports or other content developed by us;
2.2.4 when considering making offers to job applicants and prospective employees or for employment purposes
2.2.5 communicate with you, including by email, telephone and mail;
2.2.6 conduct surveys or promotions;
2.2.7 to process payments and administer your account;
2.2.8 investigate any complaints about or made by you, or if we have reason to suspect you have breached any relevant terms; or
2.2.9 as required or permitted by any law.
3. What We Collect
3.1 Personal information we collect about you may include:
3.1.1 identification information such as your name, address, telephone number, gender, hobbies, interests, email address and location; and
3.1.2 financial Information such as identification documents, passwords, credit card details, bank account details and other related financial information.
3.2 We will only collect, hold, use or disclose your sensitive information with your consent.
4. How We Collect
4.1 How we collect. Your personal information may be collected:
4.1.1 when you complete an application, consent, purchase, account sign-up or similar form in paper, via our Platform or otherwise;
4.1.2 when you contact us to make a query or request;
4.1.3 when you post information or otherwise interact with the Platform, including when you provide information to a user group, a forum post, private member messaging and or chat messages;
4.1.4 when you participate in one of our Services, competitions or surveys;
4.1.5 from those who request our Services on your behalf, including your agents and representatives;
4.1.6 from publicly available sources of information;
4.1.7 from government regulators, law enforcement agencies and other government entities;
4.1.8 from business contacts, external service providers and suppliers;
4.1.9 from prospective employees; or
4.1.10 by other means as we will reasonably inform you of (as relevant).
4.5 Anonymity. You are not obliged to give us your personal information. If you would like to access any of our Services on an anonymous basis we will take reasonable steps to comply with your request, however:
4.5.1 you may be precluded from taking advantage of some of our Services; and
4.5.2 we will require you to identify yourself if:
a) we are required by law to deal with individuals who have identified themselves; or
b) it is impracticable for us to deal with you if you do not identify yourself or elect to use a pseudonym.
4.6 Destruction. We will destroy or de-identify your personal information if the purpose for which we collected the personal information from you no longer exists or applies. Where a relevant legal requirement otherwise applies, we will retain in a secure manner your personal information for a period of seven years after which we may destroy it.
5.1 Primary use. We will only use and disclose your personal information:
5.1.1 for purposes which are related to the Primary Purpose; or
5.1.2 if we otherwise get your consent to do so,
5.2 We will not use your personal information for any purpose for which you would not reasonably expect us to use your personal information.
5.3 We will not sell, trade, rent or licence your personal information to third parties.
5.4 Direct marketing. At the time you provide your personal information, we will offer you a choice as to whether you want to receive direct marketing communications about services. If you choose not to receive these communications, we will not use your personal information for this purpose. We will otherwise only use or disclose your personal information for the purposes of direct marketing if:
5.4.1 we collected the information from you;
5.4.2 it is reasonable in the circumstances to expect that we would use or disclose the information for direct marketing purposes;
5.4.3 we provide you with a simple means to ‘opt-out’ of direct marketing communications from us; and
5.4.4 you have not elected to ‘opt-out’ from receiving such direct marketing communications from us.
5.5 You may opt out of receiving such communications by:
5.5.1 checking the relevant box on the form used to collect your personal information;
5.5.2 clicking a link on the email communication sent to you; or
5.5.3 contacting us using our contact details below.
5.6 We may offer you the opportunity to receive information from third parties regarding products or services that may be of interest to you. If you choose to receive such information, we may forward messages from such third parties to you. If we do so, we will not provide such third parties with any of your personal information.
6.1 How we disclose. We may disclose personal information and you consent to us disclosing such personal information to:
6.1.1 third parties engaged by us to perform functions or provide products or Services on our behalf;
6.1.2 your referees and former employers;
6.1.3 our professional advisors, including our accountants, auditors and lawyers;
6.1.4 our related bodies corporate;
6.1.5 persons authorised by you to receive information held by us;
6.1.6 a government authority, law enforcement agency, pursuant to a court order or as otherwise required by law;
6.1.7 a party to a transaction involving the sale of our business or its assets; and
6.1.8 any persons as required or permitted by any law.
6.2 We will not disclose your sensitive information without your consent, unless there is a need to disclose such information in accordance with the Privacy Act or to comply with any other regulatory requirement.
6.3 Overseas disclosure. We may in some circumstances send your personal information to other overseas recipients, for example due to our database servers being located outside Australia. It is not currently practical for us to list all countries in which overseas recipients of your personal information are located, however the likely locations of such recipients are: USA.
6.4 If we send personal information to overseas recipients, we will take reasonable measures to protect your personal information such as ensuring all information is de-identified where appropriate before being transmitted. However, you acknowledge and agree that if we disclose your personal information to overseas recipients, we are not obliged to take reasonable steps to ensure overseas recipients of your personal information comply with the Privacy Act and the APPs.
7. Access & Correction
7.1 Access. You have a right to access your personal information, subject to certain exceptions provided for in the Privacy Act.
7.2 If you require access to your personal information, please contact us using our contact details below.
7.3 You are required to put your request in writing and provide proof of identity.
7.3.1 Your request will be accompanied by the payment of an AUD five dollar admin fee
7.4 We are not obliged to allow access to your personal information if:
7.4.1 we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
7.4.2 giving access would have an unreasonable impact on the privacy of other individuals;
7.4.3 the request for access is frivolous or vexatious;
7.4.4 the information relates to existing or anticipated legal proceedings between you and us and would not ordinarily be accessible by the discovery process in such proceedings;
7.4.5 giving access would reveal our intentions in relation to negotiations with you in a way that would prejudice those negotiations;
7.4.6 giving access would be unlawful;
7.4.7 denying access is required or authorised by or under an Australian law or a court/tribunal order;
7.4.8 we have reason to suspect that unlawful activity, or misconduct of a serious nature relating to our functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
7.4.9 giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
7.4.10 giving access would reveal internal evaluative information in connection with a commercially sensitive decision-making process.
7.5 If you make a request for access to personal information, we will:
7.5.1 respond to your request within 14 days or otherwise within a reasonable period; and
7.5.2 if reasonable and practicable, give access to the information in the manner requested.
7.6 If we refuse to give access to the personal information because of an exception or in the manner requested by you, we will give you a written notice that sets out at a minimum:
7.6.1 our reasons for the refusal (to the extent it is reasonable to do so); and
7.6.2 the mechanisms available to complain about the refusal.
7.7 Correction. We request that you keep your personal information as current as possible. If you feel that information about you is not accurate or your details have or are about to change, you can:
7.7.1 contact us using our contact details below and we will correct or update your personal information; or
7.7.2 if you have created an account via our Platform then you can log on to your account to change your details.
7.8 If you otherwise make a request for us to correct your personal information, we will:
7.8.1 respond to your request within 14 days or otherwise within a reasonable period; and
7.8.2 if reasonable and practicable, correct the information in the manner requested.
7.9 If we refuse a request to correct personal information, we will:
7.9.1 give you a written notice setting out the reasons for the refusal and how you may make a complaint; and
7.9.2 take reasonable steps to include a note with your personal information of the fact that we refused to correct it.
8. Security & Protection
8.1 In relation to all personal information, we will take all reasonable steps to:
8.1.1 ensure that the personal information we collect is accurate, up to date and complete;
8.1.2 ensure that the personal information we hold, use or disclose is, with regard to the relevant purpose, accurate, up to date, complete and relevant; and
8.1.3 protect personal information from misuse, loss or unauthorised access and disclosure.
8.2 We store your personal information on a secure server behind a firewall and use procedures including security software and encrypted databases accessible only be authorised personnel to protect your personal information from unauthorized access, destruction, use, modification or disclosure. Any payment transactions will be encrypted. We require staff and service providers to respect the confidentiality of personal information.
8.3 Your financial Information will always be stored and protected in compliance with the Payment Card Industry Data Security Standards and will be reviewed and updated from time to time.
8.4 If you become aware of or suspect any misuse or loss of your personal information, please contact us immediately.
9.2 Click-stream data. When you visit our Platform, our server collects certain anonymous information known as click-stream data, including: the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; your server’s ISP address including your IP address (location); your geographic location; and whether this is your first visit to the site or how many times access to the site has come from your IP Address or mobile device (as the case may be).
9.3 We may collect this information for statistical purposes to find out how our Platform is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to develop a profile based on your use of the Platform and to evaluate and improve our Platform’s performance.
9.4 We may in some circumstances disclose aggregate Platform visitor information to advertisers. This information does not personally identify you, but allows advertisers to evaluate the number of users that have seen or linked to their advertisements on our Platform. Providing this information to advertisers helps us improve the Platform and ensure that it remains free.
10.1 If you have a complaint about how we collect, use, disclose, manage or protect your personal information, or consider that we have breached the Privacy Act or APPs, please contact us using our contact details below. We will respond to your complaint within 14 days of receiving the complaint.
10.2 Once the complaint has been received, we will try to resolve the matter in a number of ways:
10.2.1 Request for further information: We may request further information from you. You should be prepared to provide us with as much information as possible, including details of any relevant dates and documentation. This will enable us to investigate the complaint and determine an appropriate solution.
10.2.2 Discuss options: We will discuss options for resolution with you and if you have suggestions about how the matter might be resolved you should raise these with our Privacy Officer.
10.2.3 Investigation: Where necessary, the complaint will be investigated. We will try to do so within a reasonable time frame. It may be necessary to contact others in order to proceed with the investigation. This may be necessary in order to progress your complaint.
10.2.4 Conduct of our employees: If your complaint involves the conduct of our employees we will raise the matter with the employees concerned and seek their comment and input in the resolution of the complaint.
10.3 After investigating the complaint, we will give you a written notice about our decision.
10.4 You are free to lodge a complaint directly with the Office of the Australian Information Commissioner (OAIC) online, by mail, fax or email. For more information please visit the OAIC website at http://www.oaic.gov.au/privacy/making-a-privacy-complaint.
156 Jonson Street, Byron Bay, NSW, 2481
C/- PO Box 3309, Uki NSW 2484
T: 02 66858921
12. Interpretation & Definitions
12.1 Personal pronouns: Except where the context otherwise provides or requires:
12.1.1 the terms we, us or our refers to Wicked Weasel Pty Limited (ABN 23 003 927 553); and
12.1.2 the terms you or your refers to a user of the Platform and/or a customer to whom we provide the Services.
12.2 Terms italicised and defined in the Privacy Act have the meaning given to them in the Privacy Act.
APPs means any of the Australian Privacy Principles set out in Schedule 3 of the Privacy Act.
Platform means our website at wickedweasel.com and our community website at microminimus.com (including its sub-domains) as applicable.
Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.
Services means our swimwear and underwear products, marketing and online social media sharing, networking and community services that we provide from time to time.