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Legal Information

Legal Information

APP DISCLAIMER

  1. About
      1. This app (App) is operated by Bucceri Consulting Pty Ltd ACN 091 427 100 (Bucceri Consulting).
      2. The App is only intended for use with genuine Pass and Shoot branded products (Products).
  2. Warnings
      1. The Products may not be suitable for use by individuals for which participation in sport may be contraindication or who may have some other medical condition. It is the user’s responsibility, before using the Products, to consult a doctor or other appropriately qualified health care provider about whether the Products are suitable.
      2. You should only use the Products and the App in accordance with their accompanying instructions.
      3. Misuse of the Products or the App may result in personal injury or property damage (including, but not limited to, damage to a mobile device).
  3. Disclaimers
      1. We do not give any warranty that access to the App will be uninterrupted or that the App is free from viruses or anything else that may damage any device which accesses the App or any data on such a device.
      2. To the full extent permitted by law, Bucceri Consulting will not be liable for any loss or damage suffered by any person arising out of or in any way connected with the Products or the App (whether arising in contract, negligence, statute or in any other cause of action).
      3. Bucceri Consulting will not, under any circumstance, be liable for any indirect, incidental, special or consequential damages or loss of profits.

APP PRIVACY POLICY

Last updated: April 20, 2020

  1. Preliminary
      1. This app (App) is operated by Bucceri Consulting Pty Ltd ACN 091 427 100 (we, us, our).
      2. This privacy policy sets out how we deal with personal information and sensitive information.
  2. Definitions

In this privacy policy:

    1. Australian Privacy Principles mean the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), schedule 1.
    2. Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
      1. whether the information or opinion is true or not; and
      2. whether the information or opinion is recorded in a material form or not.
    3. Sensitive information means:
      1. information or an opinion about an individual’s:
        1. racial or ethnic origin;
        2. political opinions;
        3. membership of a political association;
        4. religious beliefs or affiliations;
        5. philosophical beliefs;
        6. membership of a professional or trade association;
        7. membership of a trade union;
        8. sexual orientation or practices; or
        9. criminal record,

that is also Personal Information; or

        1. health information about an individual; or
        2. genetic information about an individual that is not otherwise health information; or
        3. biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
        4. biometric templates.
      2. Services means the services we provide to You in the App.
      3. You means the individual about whom we are collecting Personal Information or Sensitive Information.
  2. Collection of your personal information
    1. Anonymity and pseudonymity

You will have the option to use the App:

    1. anonymously as a “guest”;
    2. using a pseudonym; or
    3. using your real name.
  2. Personal information

We may collect Personal Information from You for the following purposes:

    1. The primary purposes of:
      1. providing the Services to You;
      2. collecting, processing and publishing your user name and score statistics within the App;
      3. collecting and storing videos of you using he App. If you rank in the top 10 players in the world, the video corresponding to your top score will be processed and published; and
      4. collecting and processing information about your device (including, but not limited to, device identifier, type of device and operating system), how you use the App and your user preferences for the App,

(each a “Primary Purpose”).

      1. Any purpose secondary to a Primary Purpose.
      2. Direct marketing by us.
  2. Sensitive information

We do not collect Sensitive Information.

  1. Unsolicited information
      1. If we receive Personal Information that we did not solicit, we will, within a reasonable period after receiving the information, determine whether or not we could have lawfully collected the information had we solicited it.
      2. If we determined that we could have lawfully collected the information had we solicited it, we will deal with that information in accordance with this privacy policy. If, however, we determine that we could not have lawfully collected the information had we solicited it, then we will destroy or de-identify that Information as soon as practicable, where it is lawful and reasonable to do so.
  2. Direct marketing

We may use or disclose your Personal Information for the purpose of direct marketing by us.

  1. Disclosure to overseas recipients
      1. Sometimes we contract with third parties to perform Services on our behalf. When we do that, we will only provide those third parties with such information about You as they need to perform those Services.
      2. Sometimes the third party is located overseas. The territories in which our third party service providers are located are listed here. That list may change from time to time and we will update that information.
      3. By providing your Personal Information to us, or to a third party with whom we contract, You:
        1. consent to the transfer of that information to our third party service providers who are located outside Australia; and
        2. agree that we will not be required to take any steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your Personal Information.
      4. Such third party service providers may store and process information provided by You on servers located outside Australia. Those locations include INSERT.
  2. Storage and security of personal information
      1. We will take reasonable steps to protect Personal Information that we hold from:
        1. misuse, interference and loss; and
        2. unauthorised access, modification or disclosure.
      2. We will destroy or de-identify Personal Information when we no longer need it and we are not required by law or a court / tribunal order to retain it.
  3. Business transfer
      1. If we were to sell our business or substantially all of our assets, your Personal Information would be one of the assets that is transferred to the buyer.
      2. You consent to:
        1. us transferring your Personal Information to a third party that buys our business or substantially all of our assets; and
        2. the third party buyer continuing to use your Personal Information as set out in this policy.
  4. Accessing and correcting your personal information

If You ask, in most cases we will give You access to the Personal Information or Sensitive Information that we hold about You, and take reasonable steps to correct it if we consider it is incorrect.

  1. How to make a complaint

You can complain to us in writing about how we have handled your Personal Information or Sensitive Information. We will respond to the complaint within 30 days.

  1. How to contact us

You can contact us at:

Email: [email protected]

Telephone: +61731032529

Post: Bucceri Consulting Pty Ltd PO Box 40 Hamilton Brisbane Queensland Australia 4007

PRODUCT DISCLAIMER

About

This product (Product) was manufactured by Bucceri Consulting Pty Ltd ACN 091 427 100 (Bucceri Consulting).

The Product is only intended for use with the Pass and Shoot mobile app (App).

Warnings

The Product may not be suitable for use by individuals for which participation in sport may be contraindication or who may have some other medical condition. It is the user’s responsibility, before using the Product, to consult a doctor or other appropriately qualified health care provider about whether the Product is suitable.

You should only use the Products and the App in accordance with their accompanying instructions.

Misuse of the Products or the App may result in personal injury or property damage (including, but not limited to, damage to a mobile device).

Disclaimers

We do not give any warranty that access to the App will be uninterrupted or that the App is free from viruses or anything else that may damage any device which accesses the App or any data on such a device.

To the full extent permitted by law, Bucceri Consulting will not be liable for any loss or damage suffered by any person arising out of or in any way connected with the Products or the App (whether arising in contract, negligence, statute or in any other cause of action).

Bucceri Consulting will not, under any circumstance, be liable for any indirect, incidental, special or consequential damages or loss of profits.

WEBSITE PRIVACY POLICY

Last updated: April 20 2020

  1. Preliminary
      1. The website at passandshoot.com.au is operated by Bucceri Consulting Pty Ltd ACN 091 427 100 (we, us, our).
      2. This privacy policy sets out how we deal with personal information and sensitive information.
  2. Definitions

In this privacy policy:

    1. Australian Privacy Principles mean the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), schedule 1.
    2. Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
      1. whether the information or opinion is true or not; and
      2. whether the information or opinion is recorded in a material form or not.
    3. Sensitive information means:
      1. information or an opinion about an individual’s:
        1. racial or ethnic origin;
        2. political opinions;
        3. membership of a political association;
        4. religious beliefs or affiliations;
        5. philosophical beliefs;
        6. membership of a professional or trade association;
        7. membership of a trade union;
        8. sexual orientation or practices; or
        9. criminal record,

that is also Personal Information; or

        1. health information about an individual; or
        2. genetic information about an individual that is not otherwise health information; or
        3. biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
        4. biometric templates.
      2. Services means the sale of products via our website.
      3. You means the individual about whom we are collecting Personal Information or Sensitive Information.
  2. Collection of your personal information
    1. Anonymity and pseudonymity

Due to the nature of the Services we provide, it is impractical for us to deal with You without knowing your full name. When You register for our Services, You are required to use truthful and accurate information and You will not have the option to use a pseudonym.

  1. Personal information

We usually collect Personal Information (but not Sensitive Information) from You for the following purposes:

      1. The primary purpose of providing the Services to You (Primary Purpose).
      2. Any purpose secondary to the Primary Purpose.
      3. Direct marketing by us.
  2. Sensitive information

We do not collect Sensitive Information.

  1. Unsolicited information
      1. If we receive Personal Information that we did not solicit, we will, within a reasonable period after receiving the information, determine whether or not we could have lawfully collected the information had we solicited it.
      2. If we determined that we could have lawfully collected the information had we solicited it, we will deal with that information in accordance with this privacy policy. If, however, we determine that we could not have lawfully collected the information had we solicited it, then we will destroy or de-identify that Information as soon as practicable, where it is lawful and reasonable to do so.
  2. Direct marketing

We may use or disclose your Personal Information for the purpose of direct marketing by us.

  1. Disclosure to overseas recipients
      1. Sometimes we contract with third parties to perform Services on our behalf. When we do that, we will only provide those third parties with such information about You as they need to perform those Services.
      2. Sometimes the third party is located overseas. The territories in which our third party service providers are located are listed here. That list may change from time to time and we will update that information.
      3. By providing your Personal Information to us, or to a third party with whom we contract, You:
        1. consent to the transfer of that information to our third party service providers who are located outside Australia; and
        2. agree that we will not be required to take any steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your Personal Information.
      4. Such third party service providers may store and process information provided by You on servers located outside Australia. Those locations include INSERT.
  2. Storage and security of personal information
      1. We will take reasonable steps to protect Personal Information that we hold from:
        1. misuse, interference and loss; and
        2. unauthorised access, modification or disclosure.
      2. We will destroy or de-identify Personal Information when we no longer need it and we are not required by law or a court / tribunal order to retain it.
  3. Business transfer
      1. If we were to sell our business or substantially all of our assets, your Personal Information would be one of the assets that is transferred to the buyer.
      2. You consent to:
        1. us transferring your Personal Information to a third party that buys our business or substantially all of our assets; and
        2. the third party buyer continuing to use your Personal Information as set out in this policy.
  4. Accessing and correcting your personal information

If You ask, in most cases we will give You access to the Personal Information or Sensitive Information that we hold about You, and take reasonable steps to correct it if we consider it is incorrect.

  1. How to make a complaint

You can complain to us in writing about how we have handled your Personal Information or Sensitive Information. We will respond to the complaint within 30 days.

  1. How to contact us

You can contact us at:

Email: [email protected]

Telephone: +61 7 31032529

Post: Bucceri Consulting Pty Ltd PO box 40 Hamilton Brisbane Queensland Australia 4007

WEBSITE TERMS OF USE

  1. Introduction
      1. We, our or us means Bucceri Consulting Pty Ltd ACN 091 427 100.
      2. We operate the website at passandshoot.com.au (Website).
      3. The terms of use of the Website include these terms and conditions, our privacy policy and any other terms and conditions that appear in or are linked to the Website (Additional Terms and Conditions).
      4. The Additional Terms and Conditions that appear on the Website will govern your use of, and access to, certain sections of the Website where they appear.
  2. Website content and access
      1. While we endeavour to take reasonable care in preparing and maintaining the information on the Website, we do not warrant the accuracy, reliability, adequacy or completeness of any of the content on the Website. You acknowledge and accept that the content may include technical inaccuracies and typographical errors. The Website content is subject to change at any time without notice and may not necessarily be up-to-date or accurate at the time you view it.
      2. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, we disclaim all liability for loss directly or indirectly arising from your use of or reliance on the Website or the content on the Website.
      3. We do not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else that may damage any device which accesses the Website or any data on such a device.
  3. Limitation of liability
      1. To the full extent allowed by law:
        1. our liability for breach of any term implied into this document by any law is excluded; and
        2. we will not be liable for loss or damage of any kind, arising out of or in any way connected with the Website, the content on the Website or the use or performance of the Website, whether arising in contract, negligence, statute or in any other cause of action, even if we have been advised of the possibility of damages.
      2. We will not, under any circumstance, be liable for any indirect, incidental, special or consequential damages or loss of profits.
  4. Intellectual property 
      1. The materials displayed on the Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are our property and may be protected by copyright, trade mark or other intellectual property laws. Any such content may be displayed and printed only for your personal, non-commercial use within your organisation, provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without our express prior written consent.
      2. Save for the above, and unless expressly granted, we do not grant any licence or right in, or assign all or part of, our intellectual property rights in the content or applications incorporated into the Website or in the user interface of the Website.
  5. Third party websites 

The website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third party websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

  1. Links to the website 
      1. If you wish to establish a link to the Website, you must first seek our approval. To seek approval, please contact us here.
      2. The following information will be required to assess your request:
        1. the URL of the website that you seek to establish a link from;
        2. a brief description of your website;
        3. the reason that you wish to establish a link.
      3. If we agree to your proposed link, you must comply with any terms and conditions imposed by us as a condition of such agreement. If the nature or content of your website changes in any significant way, you must contact us and provide a new description of your website.
  2. Interference with website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or content displayed on the Website.

  1. Use of website outside Australia
      1. The goods or services displayed on the Website have not been approved for sale by any authority outside of Australia. The Website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Website or distribution or use of information contained on the Website would be contrary to an overseas law or regulation, or would subject us to any registration or other requirement within a location outside of Australia.
      2. It is your responsibility, in accessing the Website, to observe all applicable laws and regulations of your relevant jurisdiction. By proceeding, you represent and warrant that the applicable laws and regulations of your jurisdiction allow you to access the information contained on the Website.
  2. Jurisdiction
      1. This document is governed by the law in force in the Queensland, Australia (Jurisdiction).
      2. Each party submits to the non-exclusive jurisdiction of the courts of the Jurisdiction and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this document.
      3. Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within the Jurisdiction.

WEBSITE TRADING TERMS

Bucceri Consulting Pty Ltd

Terms of trade as at 20th April 2020

The following terms and conditions will apply to all goods or services you order from us.

We may amend this document at any time.

  1. Product warnings and disclaimers
      1. All warnings and disclaimers relating to products displayed on our website are incorporated into this document.
      2. You agree that you will adhere to all warnings accompanying any product you order from us.
  2. Orders

While we try to ensure that all details, descriptions and prices that appear on this website are accurate, errors may happen. We may choose to not fill any order (or part of any order) you have placed where this website contains errors or inaccuracies, including, but not limited to, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. If we choose to not fill any order (or part of any order) you have placed, we will refund you the monies you have paid to us relating to the goods or services we have chosen not to provide (including delivery charges paid relating to those goods or services).

  1. Title and risk

Where your order relates to goods:

      1. risk in the goods will pass to you when we place the goods in the post or with another delivery service; and
      2. subject always to clause 2, title to the goods will only pass to you once you have paid us the price relating to goods (as specified in your order).
  2. Returns
      1. Clause 4(b) will apply where your order relates to goods.
      2. If you are not happy with any goods we provide, we will provide you with a refund (not including any delivery charges) if you return the goods and their original packaging to us at [insert address] (at your expense), within 30 days from the date the goods were delivered to your address.
  3. Liability
      1. Any advice, recommendation, information, assistance or service given by us in relation to goods or services we supply is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability. We will not be liable for any loss or damage suffered as a result of your reliance on such advice, recommendation, information, assistance or service.
      2. To the full extent allowed by law:
        1. our liability for breach of any term implied into this document by any law is excluded; and
        2. we will not be liable for loss or damage of any kind, arising out of or in any way connected with the provision of, or failure to provide, any goods or services, whether arising in contract, negligence, statute or in any other cause of action, even if we have been advised of the possibility of damages.
      3. Our total liability for loss or damage of every kind whether arising:
        1. under this document; or
        2. in contract, negligence, statute or in any other cause of action,

is limited to:

      1. the amount paid by you to us under this document at the date when such liability arises; or
      2. if this document has been in place for more than one year, the amount paid by you to us over the previous one year period,

subject to any statutory rights that cannot be excluded by contract.

      1. If any goods or services supplied under this document are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by section 51, section 52 and section 53 of the Australian Consumer Law) is limited to:
        1. in the case of goods, to any one of the following as determined by the us:
          1. the replacement of the goods or the supply of equivalent goods;
          2. the repair of the goods;
          3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
          4. the payment of the cost of having the goods repaired; and
        2. in the case of services, to any one of the following as determined by us:
          1. the supplying of the services again; or
          2. the payment of the cost of having the services supplied again.
      2. We will not, under any circumstance, be liable for any indirect, incidental, special or consequential damages or loss of profits.
  2. Indemnity
      1. You agree to indemnify us, and keep us indemnified, in respect of any claim or demand made, or action commenced, by any person (including, but not limited to, you) against us, or for which we may be liable, relating to the goods or services we supply to you, any person’s use of those goods or services, or the subject matter of this document, including, but not limited to any legal costs incurred by us in relation to meeting any claim, demand or action, or any party–party legal costs for which we are liable in connection with any such claim, demand or action.
      2. This clause 7 survives termination.
  3. General
    1. Assignment

You cannot assign, novate or otherwise transfer any of your rights or obligations under this document without our prior written consent.

  1. Consents

Unless this document expressly states otherwise, a party may in its absolute discretion, give conditionally or unconditionally or withhold, any consent under this document. To be effective, any consent under this document is to be in writing.

  1. Jurisdiction
    1. This document is governed by the law in force in Queensland, Australia (Jurisdiction).
    2. Each party submits to the non-exclusive jurisdiction of the courts of the Jurisdiction and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this document.
    3. Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within the Jurisdiction.
  2. No merger

No right or obligation of any party will merge on completion of any transaction contemplated by this document.

  1. Severability

Any provision of this document that is illegal, void or unenforceable is to be severed without prejudice to the balance of the provisions of this document which will remain in force.

  1. Waiver
    1. Failure to exercise or enforce or a delay in exercising or enforcing or the partial exercise or enforcement of any right, power or remedy provided by law or under this document by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement, or further exercise or enforcement of that or any other right, power or remedy provided by law or under this document.
    2. Any waiver or consent given by any party under this document will only be effective and binding on that party if it is given or confirmed in writing by that party.
    3. No waiver of a breach of any term of this document will operate as a waiver of another breach of that term or of a breach of any other term of this document.