Marketplace
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Copyright UBT Holdings Trust 2024
All Rights Reserved
COPYRIGHT
The copyright to all content on the Website including but not limited to computer code, applets, graphics, images, layouts, music, audio, and visual material and text belongs to UBT or UBT has a license to use such materials. All trademarks, brands, and logos generally identified either with the symbols TM or ® which are used on this Website are either owned by UBT or UBT has a license to use them. When you visit the Website, UBT gives you a limited, non-exclusive, royalty-free, revocable right to access and use UBT’s information for your own personal and business use. If you use UBT’s content in any other way, you will be infringing UBT’s intellectual property rights.
COMMENTS
Any comment, feedback, idea, or suggestion (called “Comments”) which you provide to UBT through the Website or any other forum (including face-to-face sessions, seminars, chat lines, blogs, and the like) become UBT’s property. If in the future UBT uses your Comments in promoting its Website or products offered on or thorough the Website, or in any other way, UBT will depersonalize it unless your consent to use your name is obtained. Furthermore, you agree that UBT is entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide UBT with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality, and copyright.
PROTECTION OF COPYRIGHT
This Website and any of the products may contain Intellectual Property of UBT or licensors. If UBT finds you have used its copyright material contrary to these Terms, UBT may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.
The Marketplace platform https://ubtmarketplace.com/nz (“Marketplace”) is owned and operated by UBT Holdings Trust (“UBT”)
Before accessing and/or using Marketplace and its related services, each User must agree to these terms and conditions, which include the UBT privacy policy and cookie policy (available on this site) (together “Terms”). Each User should review the Terms carefully as they form a legally binding contract between the User and UBT regarding the User’s use of Marketplace.
If you do not agree with the Terms, you should immediately cease using Marketplace.
UBT offers you the opportunity to make purchases from Vendors, and or UBT, where UBT is also a seller of Products, through the Marketplace. Additional Vendor terms and conditions will apply to your purchases, and you will be subject to those applicable vendor terms and conditions in addition to these Terms. For the avoidance of doubt, the Vendor’s terms and conditions apply to the sale and purchase of Products and these Terms apply to your access and use of the Marketplace platform.
Capitalised terms in these Terms shall have the meanings set out below:
1. Definitions
Buyer means any User who wishes to buy a Product on Marketplace;
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
Intellectual Property Rights or IPR means any rights in domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing in any part of the world, whether registrable or not;
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise;
Marketplace Services means the provision of and hosting of the Marketplace, and the processing of payments via the Third-Party Processor including the issuing of invoices regarding the Products;
User means any user of the Marketplace and who has accepted these Terms;
Vendor means any seller (including where relevant UBT) advertising a Product for sale on the Marketplace;
Vendor Profile means the profile page set up by a Vendor to advertise their Products and communicate any additional terms including terms and conditions of sale and refund related to the Products;
Product means any product and any associated services made available for sale on Marketplace by a Vendor;
Review Rules means the rules relating to the posting of reviews as detailed in clause 6;
Transaction means any transaction made between you and a Vendor using the “place order” button indicating the creation of a separate purchase contract between a Buyer and a Vendor for the relevant Product;
Third Party Processor means the relevant third-party processor engaged by us to process payments on the Marketplace;
Us/we/our means UBT; and
You/your/their means a User or Buyer as applicable.
In these Terms the words “including” and “include” and words of a similar effect shall not be deemed to limit the general effect of the words which precede them.
2. Conditions of Use
2.1 Welcome to Marketplace. Please read these Terms carefully. If you accept these Terms, you may use the Marketplace as a User and will have the opportunity to be a Buyer of Products on the Marketplace. If you do not agree to these Terms, you may not access the Marketplace. By accessing the Marketplace, you are indicating your acceptance of these Terms.
2.2 The Marketplace is an online site hosted by UBT whereby UBT offers the Marketplace Services and acts as an intermediary between Buyers and Vendors. Except where it is the Vendor, UBT is not party to any Transaction between Buyers and Vendors, and cannot be held liable in any way for the quality or condition of items, delivery times or warranties.
2.3 Except where we are a Vendor, you understand and agree that:
2.3.1 we are only responsible for the Marketplace Services;
2.3.2 whilst we will send an invoice via the Marketplace which will include details of the relevant Vendor and the Products subject to that Transaction, we will not be party to any Transaction between a you and a Vendor, and we will have no control over the conduct of the Vendor;
2.3.3 we do not provide any warranties as to the suitability or applicability of any Products that you purchase from the Marketplace;
2.3.4 we have no knowledge and make no representations or warranties about any aspect of any item or listing on the Marketplace.
2.4 Your use of the Marketplace is entirely at your risk. We take no responsibility for any system unavailability, or for any loss or damage that is incurred as a result of the Marketplace web site being unavailable. Further, we assume no responsibility for the corruption of any data or information held by UBT.
2.5 We may make changes to these Terms from time to time so please check them regularly and whilst we will endeavour to inform you of any changes to our Terms, your continued use of the Marketplace will indicate your acceptance of any updated Terms.
2.6 The content on the Marketplace is not comprehensive and is for general information purposes only. It does not take into account a User’s specific needs, objectives or circumstances, and is not to be construed as being advice of any nature, whether general or professional. While we use reasonable attempts to ensure the accuracy and completeness of the Marketplace, to the extent permitted by law, we make no representation or warranty regarding the overall content.
2.7 Parties other than UBT operate their respective Vendor Profiles, provide services or sell Products on Marketplace. In addition, we may provide links to sites of Vendors or other third parties. We are not responsible for examining or evaluating, and we do not warrant the Product offerings of any Vendor or third party, whether listed on Marketplace or on the respective sites.
3. Creating an account on Marketplace
3.1 The Marketplace is intended for use by persons over 18 years old. If you are under 18 years old, you will need to seek permission from your parent or legal guardian before you can access and use the Marketplace, and they have to accept these Terms on your behalf. If you are a parent or legal guardian allowing a minor to access and/or use the Marketplace, you agree to assume all risks associated with, and liabilities resulting from, the minor’s use of the Marketplace.
3.2 In order to access Marketplace and to use the Marketplace Services, you must first register through your UBT one account (“Account”)
3.3 You agree to provide accurate, current and complete information during the Account registration process and regularly update such information to keep it accurate, current and complete.
3.4 Your Account is personal, and you must not transfer it to others, except with our express written permission.
3.5 If a legal entity such as a company has created an Account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms.
3.6 If you use your Account to purchase Products for business use, you acknowledge that any Consumer Laws and Statutory Rights may not apply to such a purchase.
3.7 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account. You agree to immediately notify us of any unauthorised use of your Account.
3.8 We may contact you via the Marketplace using in-account notifications, or via off-platform communication channels, such as text message or email where you have given your consent.
4. Buying Products
4.1 When you wish to purchase a Product, you will need to place an order on the Marketplace and you must make payment for the Product via the Third-Party Processor by pressing the “purchase now” button. Once payment is completed a Transaction occurs and you and the Vendor are party to a separate contract and Marketplace will generate an invoice detailing the Transaction.
4.2 You acknowledge that separate terms and conditions of sale and refund, privacy policy and any other conditions of the Vendor will apply to the purchase of the Products and the Vendor will make you aware of these through the Vendor Profile. You should carefully review these. We do not assume any responsibility or liability for the actions, Product or content of any Vendor or third party.
4.3 The Vendor Profile may contain links to other sites, and we are not responsible for examining or evaluating these and do not warrant their content.
4.4 You acknowledge that as the Marketplace allows you to place Products from different Vendors in your online basket, your order may contain Products from separate Vendors and in this case separate legally binding contracts will be created between you and each Vendor in respect of the relevant Product in that order. A separate invoice will be generated by Marketplace in respect of each Vendor and order.
4.5 You acknowledge that on completion of a Transaction a legally binding agreement is created with the Vendor based on: (i) the description and photographs of the Product; (ii) the conditions agreed upon between you and Vendor; and (iii) the relevant conditions in these Terms.
4.6 You undertake to pay for the Product. For the avoidance of doubt, except where UBT is the Vendor, UBT is not party to the Transaction and is responsible only for the arrangement of the Marketplace Services.
4.7 You acknowledge you are responsible for conducting your own due diligence in respect of the Products and Vendor that you decide to place an order with.
5. Refunds and cancellation policy for Products
5.1 If you would like the replacement, repair, resupply or refund of any Product, or have any dispute (“Issue”) relating to any Product, you must either contact the Vendor regarding the Issue directly via the Vendor’s Profile or for a refund or replacement, generate a request via the “my account” section on Marketplace. You acknowledge that any Issue shall be a matter between you and the Vendor and, unless UBT is the Vendor, UBT is not responsible for any Products nor obliged to assist in any Issue, other than facilitating any agreed refund via Marketplace.
5.2 You may contact us for assistance where you have been unable to resolve an Issue with a Vendor and we may assist where we are, in our opinion, reasonably able to.
6. Review Rules
6.1 You may rate and review your experience with a Vendor (“Review”) and reviews can be viewed by other Users on the Vendor’s Profile or at a designated Review section created by us on the Marketplace provided that all Reviews must adhere to the following rules:
6.1.1 Reviews must be true, fair and accurate and must not be offensive or inappropriate;
6.1.2 you may only can write a Review about a Vendor in relation to the engagement you have had with that Vendor via the Marketplace and you can document your interaction with the Vendor in relation to the Marketplace;
6.1.3 you may not write a Review about a Vendor, which you have either previously, currently, or which an immediate family member currently owns, or if you are an executive or employee of that Vendor, or have other close links with the Vendor, enough to deem, in our reasonable opinion, your Review a conflict of interest or a bias Review. Similarly, you may not write a Review about a Vendor who is a direct competitor of any business entities that you or your family own or have any interests in, or where you may be employed or have some close links to;
6.1.4 your Review must relate to an experience that occurred in the 3 months prior to you writing a Review;
6.1.5 you may only write about your own personal experience; and
6.1.6 you are encouraged to be specific and factual in your Review. If you have been offered an incentive to write a Review, you should include information about this in your Review. Incentives include being offered a gift, reward, discount or advantage for writing a review about that Vendor on the Marketplace.
6.2 All Reviews will remain viewable on the Marketplace until we deem them no longer relevant and remove them.
6.3 You acknowledge that we may not monitor or approve each Review, however if we become aware of and consider that a Review is inappropriate in any way we may, at our discretion, refuse to publish it or remove it and may prevent you from posting any further Reviews and this will be the sole remedy of any User.
6.4 You acknowledge that the Vendor also has the ability to post reviews in respect of its experience with you and the Vendor will be required to comply with review rules similar to those contained in these Terms.
6.5 You hereby grant to UBT a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner your Reviews on the Marketplace and to promote the Marketplace in any media or promotional material.
6.6 You agree to indemnify UBT and hold UBT harmless from and against all Liabilities, howsoever arising, suffered or incurred by UBT and arising from or in connection with any Liability UBT incurs as a result of any of your Reviews.
7. Intellectual Property Rights
7.1 Unless otherwise indicated, UBT own or licence all rights, title and interest (including Intellectual Property Rights) in the Marketplace.
7.2 Your use of and access to the Marketplace does not grant or transfer to you any rights, title or interest in relation to the Marketplace.
7.3 You must not, without our prior written consent, except as expressly permitted by these Terms, (i) copy in whole or in part, any of the Marketplace; (ii) sell any element of or content from the Marketplace to any third party; (iii) reproduce, reverse engineer, retransmit, distribute, disseminate, publish, broadcast or circulate any of the Marketplace designated as paid, exclusive or non-shareable content; or (iv) breach any Intellectual Property Rights connected with our Marketplace, including by altering or modifying any of the Marketplace, cause any of the Marketplace to be framed or embedded in another website, or create derivative works from the Marketplace.
7.4 Subject to your compliance with these Terms, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use the Marketplace on your device(s) and access and view content on the Marketplace, in accordance with these Terms.
7.5 The term artificial intelligence is not currently directly defined or regulated. When we refer to “AI” in these Terms we mean an overarching term for a range of algorithm-based technologies attempting to mimic human thought to solve tasks (“AI”). The use of AI may impact legal areas including intellectual property law and data protection. We are committed to the spirit and letter of the relevant laws concerning intellectual property and data protection and confirm that any use of AI by us minimises the risks relating to accuracy, bias, misinformation and discrimination and protects personal information in accordance with applicable laws and our privacy policy.
7.6 We do not allow the use or introduction by you of any AI on the Marketplace or any services or products we provide. You may not use any content on the Marketplace in the development or training of any AI or any software program.
8. Buyer Obligations
8.1 You agree that:
8.1.1 you will comply with the Review Rules;
8.1.2 there are no legal restrictions preventing you from entering into these Terms;
8.1.3 all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
8.1.4 you have not relied on any representations or warranties made by us in relation to the Marketplace (including as to whether the Marketplace is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms; and
8.1.5 you will be responsible for the use of any part of the Marketplace, and you must ensure that no person uses any part of the Marketplace: (i) to break any law or infringe any person’s rights (including Intellectual Property Rights) (ii) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (iii) in any way that damages, interferes with or interrupts the supply of the Marketplace.
9. Consumer Law
9.1 Where you are a consumer, consumer protection laws and regulations in your jurisdiction (“Consumer Laws”) may confer on you rights, warranties, guarantees and remedies relating to the provision of the Marketplace or Products, which cannot be excluded, restricted or modified by us or the Vendor (“Statutory Rights”). Nothing in these Terms is intended to restrict or exclude any Statutory Rights. This may include the Consumer Guarantees Act, Fair Trading Act, and Credit Contracts and Consumer Finance Act.
9.2 You acknowledge that the Consumer Guarantees Act or any equivalent consumer protection legislation will not apply where you purchase any Products for the purposes of a business.
9.3 Except where it is the Vendor, UBT will not be responsible for any Vendor related breaches of Consumer Laws that occurs on the Marketplace.
9.4 Subject to your Statutory Rights, UBT excludes all express and implied warranties, and all material, work and services including the Marketplace and Marketplace Services are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
9.5 This clause 9 will survive the termination or expiry of these Terms.
10. Liability
10.1 Whilst we will do our upmost to maintain that availability of the Marketplace is uninterrupted, the Marketplace and the Marketplace Services are provided "as is" without warranties of any kind, whether express or implied. We do not guarantee the accuracy, reliability, or availability of the Marketplace.
10.2 Nothing in these Terms shall limit or exclude the liability or remedy of any party or another person:
10.2.1 For death or personal injury caused by its negligence;
10.2.2 Fraud or fraudulent misrepresentation;
10.2.3 In respect of an obligation in these Terms to indemnify a party or another person;
10.2.4 For any act or omission or matter, liability for which may not be excluded or limited under the applicable law of the User.
10.3 Subject to clause 10.2 we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(i) your or your authorised user’s acts or omissions;
(ii) any use or application of the Marketplace Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
(iii) except, where UBT is the Vendor, any aspect of the Buyer and Vendor interaction, including the Transaction, the Products, the description of the Products requested or offered, any advice provided, the performance of or supply of Products by the Vendor;
(iv) any third parties or any goods and services provided by third parties, including the Buyers, Vendors or other subcontractors which the provision of the Marketplace may be contingent on, or impacted by;
(v) the Marketplace Services being unavailable, or any delay in us providing the Marketplace Services to you, for whatever reason;
(vi) any event outside of our reasonable control.
10.4 Subject to clause 10.2:
(i) we will not be liable for any Consequential Loss;
(ii) each party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party (or any of that party’s personnel or authorised users); and
(iii) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Marketplace Services to you.
10.5 This clause 10 will survive the termination or expiry of these Terms.
11. Termination
11.1 We may terminate these Terms at any time by giving 30 days’ written notice to you (“Termination for Convenience”).
11.2 We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
(i) you or any of your authorised users breach any provision of these Terms and that breach has not been remedied within 10 business days of you being notified by us;
(ii) there is any reason outside our control which has the effect of compromising our ability to provide the Marketplace Services; or
(iii) you are unable to pay your debts as they fall due.
11.3 Upon termination of these Terms:
(i) we will remove your access to the Marketplace;
(ii) we will immediately cease providing the Marketplace Services to you;
(iii) you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;
(iv) we will cancel any existing purchases and you will lose any purchase fees or such other amounts paid other than where termination is due to our Termination for Convenience.; and
(v) where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.
11.4 Termination of these Terms will not affect any rights or liabilities that a party has accrued under it before the date of such termination.
11.5 This clause will survive the termination or expiry of these Terms.
12. General
12.1 Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
12.2 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Buyer and us, or a Vendor and us, a party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute. If the parties cannot agree how to resolve the Dispute at that initial meeting, either party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either party may ask the Law Society in their jurisdiction to appoint a mediator. The mediator will decide the time, place and rules for mediation. The parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
12.3 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
12.4 Governing law: These Terms shall be governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts operating in New Zealand.
12.5 Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
12.6 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship.
12.7 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
For any questions or notices, please contact us at:
See contact details at the bottom of the Marketplace site
Version 10, Published 2024 Aug 08
SUBSCRIPTION TERMS
Period of Subscriptions
When you purchase a subscription service through UBT, UBT will send you a confirmation email advising when your services will commence. All subscription services including, but not limited to, one-year subscriptions are provided on a monthly recurring basis until terminated in writing by either you or UBT. After termination, the services expire at the end of the next calendar month. One-year subscribers will continue on a monthly basis for twelve months, and monthly thereafter at the then current monthly fee.
Updating subscription packages
Some subscription services are priced according to your desired package and also according to the number of your staff. If your business circumstances change you may no longer qualify for the existing package for which you have subscribed. You are required to notify UBT in writing of such change, and UBT may require you to move to another package. You may upgrade packages at any time by terminating the existing package and subscribing to the new package.
Access to events
Where your subscription service includes access to seminars or webinars, UBT will require you to accept booking terms and conditions relating to the event when registering your delegates.
Subscriptions non-transferable
Subscription services and all products, including those provided for free, are only for the use of the nominated customer and are non-transferrable to other or related entities unless authorized in writing by UBT. You are not entitled to a refund of any unused subscription inclusions, including those that have limitations on their availability.
Changes to Services and Fees
Monthly subscription service fees and services may change at any time. UBT may introduce new fees, or add, subtract, or vary the subscription services from time to time; UBT will, however, provide at least 30 days' notice to your nominated email address of any changes. If you object to any such change, you may terminate your subscription before the change comes into effect. If you do not cancel your subscription within the 30 days' notice period, you agree to accept the change. One-year subscribers will be unaffected by fee increases except where they relate to changes in subscription service package or staff numbers.
Payment information
UBT may continue to use your existing payment information and authorization: For new subscription fees and/or services, provided UBT has given you at least 30 days' notice of the intended change; and For monthly subscriptions following the expiration of a one-year subscription.
Termination of Subscription
Either UBT or you may, without giving a reason, terminate subscription services by giving at least 30 days' written notice prior to the beginning of the next billing period. UBT may immediately terminate your access and use of any part of your package at its sole discretion: In the event of non-payment; or If UBT believes you may be breaching any of the subscription service terms or these Terms. In such circumstances UBT will refund any subscription service access fees relating to days beyond the termination date less any fees outstanding from you.
Expiry of Subscription
Upon termination, other than immediate termination, your access to the existing subscription services will expire at the end of the next calendar month. One-year subscribers will be entitled to a refund of subscription service access fees paid for all months beyond the next calendar month end, less an adjustment based on the then current monthly subscription service fee.
1 Introduction
This Privacy Policy applies to:
UBT Marketing Pty Ltd, Registered office: The Precinct, Level 6, 10 Herb Elliott Ave, Sydney Olympic Park, NSW 2127, Australia;
UBT Holdings Ltd, Registered Office: 5 Noel Rodgers Place, Milson, Palmerston North 4414, New Zealand;
Universal Business Team LLC, Registered Office: 100 Challenger Road, Ridgefield Park, New Jersey, North America;
Universal Business Team S. A, Registered Office: La Horqueta 1124, Monte Grande, Province of Buenos Aires and;
any related bodies corporate (we, us, our).
- explains how we collect, hold, use and disclose Personal Information (defined below) regulated by applicable privacy laws and how we comply with the requirements under the applicable privacy laws.
- applies in respect of all Personal Information collected by us on our websites and any other platforms or applications we may offer with a link to this Privacy Policy, including the Personal Information of clients, member businesses and suppliers. It does not apply to any other information collected by us through any other means.
We may update this Privacy Policy from time to time. The most current version will be posted on https://ubteam.com/ where this will be updated. It will be effective from the date of posting. Unless otherwise required by law, it is your responsibility to check our website from time to time in order to determine whether there have been any changes.
2 The kind of Personal Information we collect
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not (Personal Information).
Sensitive information is Personal Information which may include, but is not limited to, information or an opinion about an employee's membership of a professional or trade association, or membership of a trade union, or information about any criminal record or employee health information (Sensitive Information).,
The types of Personal Information we collect about you depends on the circumstances in which that information is collected, and can include data collected through our volunteers. The kinds of Personal Information we collect and hold includes:
> for users of our website, contact information such as name, postal address, email address and telephone number, other data about you such as gender, marital status, dietary information, special needs data, passport and frequent flyer data and information about your religious beliefs, as well as data associated with your use of the website, such as bank details for direct debit payments and credit card information, as well as information you submit via online forms and your use of any other platforms or applications we may offer. This may include information about the device you are using, as well as:
- information about which pages you visit and which resources you use on our site
- information about how you got to our site
- your internet protocol address known as your IP address which is used to connect your device to the internet
- your device’s operating system and platform
- the type and version of the browser you are using
- browser plug-in types and versions which extend the functionality of your browser, for example Pinterest, Evernote and Adblock
- MAC addresses which are used as network addresses for Wi-Fi and Ethernet
- traffic data, which is aggregated information about the number of visitors, sessions, users and page visits to our site
- geolocation data
- time zone setting
- weblogs
> for our clients, member businesses and other partners:
- the client, member business or partner's contact information such as name, postal address, email address and telephone number;
- information collected when you visit one of our sites, which may include CCTV footage and car registration details;
- addresses of the site or premises where we are supplying any products and/or services;
- billing information; and
- other information relevant to the provision of products and/or services by or on behalf of us to the client, member business or partner's premises;
> for our suppliers and service providers, names and contact details of individuals working for those suppliers and service providers, who we deal with;
> for prospective personnel seeking employment or engagement with us, and where permitted by applicable privacy laws, contact information, curriculum vitae, current employment information (e.g. job title and employer), professional association memberships, criminal record, general health information, religious beliefs and other information about your suitability for employment with or engagement by us; and
> for other individuals, name, contact details and any other information relevant to our interactions with you.
3 How we collect Personal Information
3.1 Personal Information generally
We collect Personal Information about you where it is reasonably necessary for us to perform one or more of our functions or activities.
We will generally collect your Personal Information from you directly. There are however, circumstances in which we collect Personal Information from third party individuals, business entities and governmental agencies, such as signatories to the GAP Global Limited Amended and Restated Members Agreement (GAP Global Members), courts, public and law enforcement agencies, and credit bureaus, regardless of whether such individual, business entity or governmental agency compiled the information itself or received it from other sources.
Where we collect Personal Information from a third party, we will handle that information in accordance with applicable local privacy laws, this Privacy Policy and any obligations we have to that third party.
If you provide to us Personal Information about another person, we are relying on you having addressed all relevant consents, notifications and other requirements to enable us to process the Personal Information for our purpose of collection.
We may collect Personal Information about prospective personnel, by conducting reference and background checks in relation to their application for employment with us from time to time, including searches for any criminal records, employment and education verifications, personal credit history based on reports from any credit bureau and searches of any public records, where permitted by applicable privacy laws.
3.2 Sensitive Information
We will only collect, use and disclose Sensitive Information about you where you have provided your consent to the collection of that information, or where we are required or authorised by law to do so. Such Sensitive Data may in certain circumstances include biometric data such as biometric facial scans. In providing any consents to the collection or handling of Personal Information (including Sensitive Information), you consent to us collecting, holding, using and disclosing the information you provide in accordance with the terms of those consents and this Privacy Policy.
3.3 If your Personal Information is not provided
If you do not provide us with your Personal Information when requested or if you provide us with inaccurate Personal Information, this may limit the assistance we are able to provide to you, including assistance we are contracted to provide on behalf of a third party. For example, we may not be able to provide the product and/or service you may have requested and may not be able to handle enquiries in connection with those products and/or services, or process your job application.
3.4 Cookies
Our website uses a technology called “cookies” and web server logs to collect information about how the website is used including, where available, your IP address, browser type and the geographical location of your computer.
We also use Google Analytics to collect details of how you use our site, as well as anonymous data that you enter into our forms. We do this to help us analyse how visitors use our site (including behaviour patterns and the tracking of visits across multiple devices), administer our site and manage your account. Google Analytics doesn’t collect information that identifies a visitor to our site. All the information that is collected is anonymous and is only used to improve how our site works. We do not allow Google to make any attempt to establish the identities of any users of our site.b
4 How we use and disclose Personal Information
4.1 General purposes
We collect, hold, use and disclose Personal Information about individuals for a variety of business purposes.
These include, without limitation, to:
>monitor and evaluate the performance and security of our website and any other platform or application we may offer, including to:
- administer our site
- improve our site to ensure that content is presented in the most effective manner
- allow you to participate in interactive features of our services when you choose to do so
- analyse how visitors use our site (including behaviour patterns and the tracking of visits across multiple devices)
- improve your online experience
> facilitate the provision of our products and/or services to our clients and member businesses who have engaged us;
> facilitate the provision of such other products and/or services that we or others may offer from time to time and provide information about their availability, features and benefits;
> work with and procure goods and/or services from our suppliers and service providers;
> facilitate recruitment and selection of prospective personnel;
> facilitate conferences, training and education programs, and event management;
> provide and manage charitable assistance;
> issue newsletters and provide information on church services or other sponsored events;
> conduct audit, accounting, financial and economic analysis of our business operations;
> respond to enquiries or investigate and resolve complaints;
> protect our legal rights, investigate suspected fraud or other misconduct, or assist law enforcement agencies; and
>comply with our legal and regulatory obligations.
We may also use and disclose Personal Information we collect for other purposes that are permitted, required or authorised by applicable law, which may include:
- purposes which you would reasonably expect and which are related (and, in the case of Sensitive Information, directly related) to the primary purpose of collection of Personal Information; and
- any other purposes for which you have given your consent.
4.2 Marketing
We will only use or disclose your Personal Information for the purposes of direct marketing (e.g. in relation to products and/or services we may offer from time to time) where we have your consent or we are otherwise permitted by law to do so.
You are free to opt out from receiving marketing communications from us, by:
- following the “opt out” process indicated in a marketing communication you have received;
- emailing us at privacy@ubteam.com at any time requesting that your name and email address be removed from our marketing lists; or
- following such other process that is made available for this purpose from time to time or otherwise as required by applicable law.
4.3 Disclosure of Personal Information
In order to perform activities in connection with the purposes described in this Privacy Policy, we may make Personal Information available to other persons or entities, or disclose it to them, as permitted by applicable privacy laws, including:
- our suppliers and service providers, including those to whom we outsource certain of our information technology functions (e.g. cloud service providers). We authorise our suppliers and service providers to use or disclose your Personal Information only as necessary to provide us with supplies or perform services on our behalf, or to comply with legal requirements. We require suppliers and service providers by contract to safeguard the privacy and security of Personal Information they process on our behalf;
- any corporate purchaser or prospect to the extent permitted by law as part of any merger, acquisition, sale of our assets, or transition of service to another provider, as well as in the event of insolvency, bankruptcy, or receivership in which Personal Information would be transferred as an asset of us;
- other related bodies corporate;
- government, regulatory, judicial or law enforcement authorities;
- accountants, insurers, auditors, lawyers and our professional advisers; and
- any other third parties notified to you at or around the time we collect your Personal Information (together, the Required Recipients).
We may disclose Personal Information to GAP Global Members and Required Recipients who are located in Australia, Argentina, the Caribbean, North America, Europe, New Zealand, the United Kingdom and the United States.
Therefore, it may be necessary to transfer Personal Information across country borders. Some of the countries to which information is transferred may not have laws regulating the collection and disclosure of Personal Information, or may not provide an equivalent level of protection as your home jurisdiction. Cross-border transfer may still, therefore, be necessary for the conclusion or performance of a transaction that you are requesting, and for the establishment, exercise, and defense of legal claims. In these circumstances, we will take steps to ensure that the recipients of the Personal Information comply with applicable privacy laws. To the extent permitted by local applicable law or otherwise legally required, your use of our website and any other platform or application we may offer or provision of any Personal Information constitutes your consent to the cross-border transfer of your Personal Information and the other activities identified in this Privacy Policy.
5 How we hold Personal Information
The security and confidentiality of your Personal Information matters to us. That’s why we have administrative, technical and physical safeguards in place to protect your Personal Information from misuse and loss, and unauthorised access, modification and disclosure.
We hold Personal Information both electronically and in paper form. Unless the law requires otherwise, we take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer required. We provide the option to encrypt all information you submit to us using Secure Sockets Layer (“SSL”) technology that helps protect information during transport to our website and any other platform or application we may offer. We also review our security procedures periodically to consider appropriate new technology and updated methods.
Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.
6 Access to Personal Information
You may request access to and correction of Personal Information that we hold about you. Such requests should be made in writing using the contact details at the end of this Privacy Policy. We will consider all requests to access and correct Personal Information within a reasonable time. Unless there are reasons why we cannot provide you with access to your Personal Information (e.g. for legal reasons), the Personal Information we hold about you will be made available to you or corrected within a reasonable time after we receive your request, or as may otherwise be required pursuant to applicable privacy laws.
There is no charge for requesting access to your Personal Information, however, to the extent permissible under applicable privacy laws, we reserve the right to charge reasonable costs for providing access to that Personal Information.
7 Keeping Personal Information current and accurate
We take reasonable steps to periodically review information collection and storage practices to ensure that Personal Information we hold is accurate, up-to-date and complete. However, you should ensure that the Personal Information provided to us is accurate, complete and up-to-date at the time it is provided and you should notify us of any changes to or errors in your Personal Information.
To notify us of changes to or errors in Personal Information that we hold about you, please contact us using the contact details at the end of this Privacy Policy and we will amend our records as appropriate.
8 Enquiries and complaints
If you wish to make an enquiry or complaint to us regarding privacy matters, you should contact us in writing using the contact details at the end of this Privacy Policy. We will endeavour to respond to your enquiry or complaint within 30 days, or as otherwise required pursuant to applicable law.
If we fail to respond to a complaint within a reasonable time or if you are dissatisfied with our response, you should discuss your concerns with an independent adviser or contact your local data protection or privacy regulator.
9 Third party sites
Please remember that when you use a link to go from our website, platform or application to another website, this Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which are linked to our website, platform or application is subject to that website’s own rules and policies. We are not responsible for the content or the conduct of the organisations accessed via links to such third party websites.
10 Contact us
You may contact us in relation to privacy matters at:
Postal Address: The Precinct, Level 6, 10 Herb Elliott Ave, Sydney Olympic Park, NSW 2127, Australia
Email: privacy@ubteam.com
All correspondence attention: Privacy Officer
Privacy Policy Dated: January 2021
Supplemental Terms - Jurisdiction Specific
The following are specific provisions which modify the Privacy Policy for certain jurisdictions. The Supplemental Terms should be read together with the Privacy Policy. In the event of a conflict or inconsistency between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access our website and/or provide your Personal Information, and the rest of this Privacy Policy, the relevant jurisdiction's Supplemental Terms – Jurisdiction-Specific will supersede and control to the extent of any conflict or inconsistency.
All definitions used in the Supplemental Terms are given the meanings contained in the Privacy Policy, unless otherwise defined in the Supplemental Terms.
1 NEW ZEALAND
If you are located in New Zealand, then in addition to the rights of access to, and correction of, your Personal Information as recorded in section 6 of this Privacy Policy, you also have the right to:
provide us with a statement of correction (Statement of Correction) sought to your Personal Information; and
request that we attach the Statement of Correction to your Personal Information if we do not make the correction sought.
2 ARGENTINA
If you are an individual and legal entity residing in Argentina, the provisions outlined below are exclusively applicable to you:
a. By browsing and/or registering and/or using our website and any other platforms or applications we may offer, and/or by providing Personal Information to us, you expressly accept and consent to this updated Privacy Policy. If you do not accept this updated Privacy Policy, you must not browse, register in, or use our website and any other platforms or applications we may offer, nor provide Personal Information to us.
b. The location of the databases where your Personal Information is stored is the United Kingdom, United States, Australia and New Zealand
c. "Personal Information" means information of any kind related to an identified or identifiable individual or legal entity.
d. "Sensitive Information" means Personal Information revealing racial and ethnic origin, political opinions, religious, philosophical or moral beliefs, labour union membership, and information concerning health conditions or sexual habits or behaviour.
e. Providing inaccurate Personal Information will have the consequences stated under Section 3.3 of the Privacy Policy.
f. It is expressly stated that some jurisdictions under Section 4.3 of the Privacy Policy may not offer levels of personal data protection equivalent to those offered by Argentine regulations, and you expressly consent that we can share your Personal Information with the GAP Global Members and Required Recipients, even if they are located in those countries that afford a lower level of protection.
g. In addition to the rights detailed under Section 6 of the Privacy Policy you have, among others, the right to request the suppression of your Personal Information from our databases.
h. Also, we hereby inform you that: "In Argentina the data owner is entitled to exercise the right of access to his/her/it personal data free of charge at intervals of not less than six months, unless a legitimate interest to that effect is established in accordance with article 14, paragraph 3 of Law No. 25,326. THE PUBLIC INFORMATION ACCESS AGENCY, in its capacity as the Control Entity of Law No. 25,326, has the power to attend complaints and claims filed by those whose rights are affected due to breaches to applicable regulations on personal data protection. The data owner may at any time request the removal or blocking of his/her/its name from the databases referred to in this article. Every communication with advertising purposes that is carried out by mail, telephone, email, Internet or any other future remote mean, shall state expressly and prominently the possibility of the data owner to request the withdrawal or blockage, in whole or in part, of his/her/it name from the database. At the request of the interested party, the name of the person responsible or user of the database that provided the information must be reported."
3 USA
If you are located in USA, the provisions outlined below are exclusively applicable to you.
For the purposes of the USA Supplemental Terms, "Site" means Personal Information collected on our websites, mobile applications, or cloud-based services and communication platforms with a link to this Privacy Policy. It does not apply to any other information collected by us through any other means.
In addition to section 3.4 (Cookies) of the Privacy Policy, the following provisions apply:
a. You can use our services without consenting to non-essential cookies or direct marketing emails; the only consequences being that our services will be less communicated, we may not be able to provide the support you seek, and you may miss out on news about our services.
b. Information Collected Through Technology. Information is also obtained in other ways through technology we deploy. Some of this information may be linked to you personally. In accordance with applicable law, we use and allow third parties to use essential and non-essential cookies, online tracking tools, web beacons, and similar technologies (collectively, “cookies”) on our Site. We process this information to help our Site function correctly, and better understand the needs of our customers.
c. Cookies on our Site generally fall into the following categories:
i. Strictly Necessary Cookies: These are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas. These cookies are session cookies which are erased when you close your browser.
ii. Analytical/Performance Cookies: These allow us to recognize and count the number of users of our Site and see how those users navigate through our Site. This helps to improve how our Site works, for example, by ensuring that users can find what they are looking for easily. These cookies are session cookies which are erased when you close your browser.
iii. Functional Cookies: These improve the functional performance of our Site and make it easier for you to use. For example, cookies are used to remember that you have previously visited the Site and asked to remain logged into it. These cookies are session cookies which are erased when you close your browser.
d. Use of cookies. We advertise in a number of ways, including online through managed social media presences, and on other unaffiliated sites and mobile applications. To understand how our advertising campaigns are performing, we may collect certain information via cookies on our Site through our advertising service providers. The information we collect includes IP addresses, the number of page visits, pages viewed via our Site, search engine referrals, browsing activities over time and across other websites following your visit to our Site or applications, and responses to advertisements and promotions on the websites and applications where we advertise.
e. We also use certain information to identify new visitors to our Site, recognize returning visitors, advertise on other websites and mobile applications not affiliated with us, analyze the effectiveness of our advertisements, better understand our audience, customers, or other Site visitors, and determine whether you might be interested in new services.
f. In addition to the Privacy Policy, the following provision applies:
g. Minors: This Site is not intended or directed to individuals under the age of 18, and we do not knowingly collect any Personal Information from minors, or knowingly track the use of our Site by children. If we have actual knowledge that Personal Information about a person under 18 years old has been collected, then we will take the appropriate steps to remove or disable that Personal Information. If you believe we have impermissibly collected Personal Information from someone under the age of 18, please contact us as detailed in our Privacy Policy above at section 10.
4 CANADA
If you are located in Canada, the provisions outlined below are exclusively applicable to you.
In addition to Privacy Policy:
a. You may control and manage the use of cookies by modifying your browser's settings and preferences. Removing or blocking cookies may impact your user experience and certain parts of our website may not be fully accessible.
b. To the extent that your Personal Information is transferred outside of Canada pursuant to the terms of this Privacy Policy, it may be subject to the laws of that jurisdiction, which may be different from the laws of Canada.
c. You have the right to withdraw your consent, so that we no longer process Personal Information in way that you previously consented to. In certain instances, we may require that you provide additional information in order to verify your identity before we process your requests.
DISCLAIMERS
Accuracy of Information
UBT endeavors to provide accurate information, including correct pricing and descriptions of the UBT products but provides no warranty of the same. Where an error appears anywhere in relation to the UBT products, UBT retains the right to reverse any transaction made in reliance on the error.
No Representations and Warranties
To the extent permitted by law, and subject to these Terms, UBT makes no representations, warranties or covenants to any person or entity with respect to the UBT products and/or services. UBT does not give any warranties, guarantees, representations or conditions, whether express, implied, statutory or otherwise (including, without limitation, any warranty as to the accuracy, completeness, currency, or suitability of the information delivered as part of the UBT products and/or services, third party information, materials or website content, fitness for a particular purpose, compliance with any description, or non-infringement of third party rights) with respect to any UBT products and all such warranties are hereby disclaimed to the maximum extent permitted by applicable law.
UBT does not guarantee that the UBT products will be provided or available without interruption or error free. UBT products are delivered through third-party network services providers and you understand that there may be service disruptions or outages.
Comments by Users and Transactions between Users
UBT may create forums via various mediums for raising queries, discussion, and voicing opinions by members, presenters, and UBT representatives. Any comments, recommendations, or views expressed are those of the person making them. UBT does not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with UBT. You acknowledge and agree that any reliance upon or use of any user’s comments shall be entirely at your own risk.
Virus and Malware
UBT takes all due care in ensuring that the Website and electronic communications are free of any virus, worm, Trojan horse, and/or malware; however, UBT is not responsible for any damage to your computer system which arises in connection with your use of the Website, any linked website, regardless of the cause of such damage.
Third Party Content
From time to time UBT may host third party content on the Website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material, and UBT is not responsible for any errors or omissions in such material.
Business Advisory Services, Training and Resources
Where products include business advice, assistance, training, or resources, whether orally or written, at seminars, by webinars, by documents, face-to-face presentations, meetings, or otherwise, the following provisions shall apply:
UBT does not guarantee any specific results from its advice, assistance, training, or resources;
UBT will not in any circumstances be responsible for the day-to-day management of your business or implementation of any action items that UBT may recommend;
The content of UBT materials and oral and written advice is prepared solely for generic coaching and training purposes and will always be of a general nature only and not specifically prepared taking into account your objectives, financial situation, or needs.
Before acting on any advice, you should consider that it may not be appropriate for you; and
You should continue to draw on professional assistance and advice from your accountant, lawyer, and other professional advisors.
UBT Cookie Policy
INFORMATION ON OUR USE OF COOKIES
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the website, you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
WE USE THE FOLLOWING COOKIES:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
| Cookie Name | Purpose | Cookie Group | Type |
| PHPSESSID | To store the logged in user's username and a 128bit encrypted key.This information is required to allow a user to stay logged in to a web sitewithout needing to submit their username and password for each page visited. Without this cookie, a user is unabled to proceed to areas of the web site that require authenticated access. | Essential | 1st Party |
| private_content_version | Appends a random, unique number and time to pages with customer content to prevent them from being cached on the server. | Essential | 1st Party |
| form_key | A security measure that appends a random string to all form submissions to protect the data from Cross-Site Request Forgery (CSRF). | Essential | 1st Party |
| store | Tracks the specific store view / locale selected by the shopper. | Essential | 1st Party |
| login_redirect | Preserves the destination page the customer was navigating to before being directed to log in. | Essential | 1st Party |
| mage-messages | Tracks error messages and other notifications that are shown to the user, such as the cookie consent message, and various error messages, The message is deleted from the cookie after it is shown to the shopper. | Essential | 1st Party |
| mage-cache-storage | Local storage of visitor-specific content that enables e-commerce functions. | Essential | 1st Party |
| mage-cache-storage-section-invalidation | Forces local storage of specific content sections that should be invalidated. | Essential | 1st Party |
| mage-cache-sessid | The value of this cookie triggers the cleanup of local cache storage. | Essential | 1st Party |
product_data_storage | Stores configuration for product data related to Recently Viewed / Compared Products. | Essential | 1st Party |
| user_allowed_save_cookie | Indicates if the shopper allows cookies to be saved. | Essential | 1st Party |
| mage-translation-storage | Stores translated content when requested by the shopper. | Essential | 1st Party |
| mage-translation-file-version | Stores the file version of translated content. | Essential | 1st Party |
| section_data_ids | Stores customer-specific information related to shopper-initiated actions such as display wish list, checkout information, etc. | Essential | 1st Party |
| recently_viewed_product | Stores product IDs of recently viewed products for easy navigation. | Marketing | 1st Party |
| recently_viewed_product_previous | Stores product IDs of recently previously viewed products for easy navigation. | Marketing | 1st Party |
recently_compared_product | Stores product IDs of recently compared products. | Marketing | 1st Party |
UBT One Support
If you have any trouble with registering or logging into our UBT website then please contact our friendly Customer Care team on the below details.