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Cara Mel Jones

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Privacy Policy and Terms & Conditions

 

Privacy Policy

In this Privacy Policy, Lori Dale, the author, is the website owner (“website owner”). 

The website owner recognises the importance of privacy and is committed to protecting your privacy when handling your personal information.
 

This Privacy Policy explains how the website owner handles personal information in an open and transparent manner in accordance with the New Zealand Privacy Principles contained in the New Zealand Privacy Act 2020 (No.31)(“Privacy Act”) and other applicable privacy laws. Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable.
 

This Privacy Policy will be reviewed from time to time to take account of new or amended laws, new technology and/or changes to our operations and practices and the changing business environment. All personal information held by the website owner will be governed by the most recently updated policy. 


What information is collected

The personal information the website owner may collect about you includes personal identifiers, contacts and characteristics. The personal information may include (but is not limited to) your name, contact details (including phone numbers and addresses), gender, date of birth, occupation, transaction information and other information which may assist the website owner in conducting business, and providing and marketing products and services. In certain circumstances the website owner may collect financial information, including your credit card information where appropriate.
 

The website owner also collects information about you that is not personal information. For example, the website owner may collect data relating to your activity on the website (the “site”) (including the type of internet browser you use, your operating system, address of referring site, your IP address and other clickstream information) via tracking technologies such as cookies, or the website owner may collect information from you in response to a survey, promotion or competition. The website owner may use Google Analytic tools from time to time including Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, or Google Analytics Demographics and Interest Reporting. The website owner generally uses this information to report statistics, analyse trends, administer services, diagnose problems, advertise online, optimise advertising and websites and target and improve the quality of site products and services.
 

Cookies allow your browser to utilise some of the features of the site. The website owner may use both session ID cookies and persistent cookies, first party cookies (such as Google Analytics cookie) and third-party cookies (such as the DoubleClick cookies) together to inform, optimise, and serve advertisements (“ads”) based on someone's past visits to the site, to report how the site ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the site. Third-party vendors, including Google, may show the site ads on sites across the Internet. Most web browsers are set by default to accept cookies. If you reject cookies you will be unable to take advantage of some of the features of the site. To the extent this information does not constitute personal information, the Privacy Act is not applicable and the website owner may use this information for any lawful purpose.
 

The website owner generally advises that you do not publish or communicate personal information, or at least limit the personal information that you publish or communicate, to the public via the site services, such as in any forums, blogs, Discussions or anywhere that user generated content can be uploaded ("Non-Confidential Information"). The website owner cannot control any third party collection or use of your Non-Confidential Information that is publicly available.
 

If you are a minor (aged under 18 years)
 

The website owner provides subscription services to children and young adults who are legally minors and may not be able to provide valid consent to the site collection, use, disclosure, storage or other handling of their personal information. From time to time the website owner may also conduct competitions and other promotional activities and provide other services for children/minors who may or may not be subscribers to site online services or newsletters.
 

Parents and guardians of children/minors are personally responsible for monitoring their child’s/minor's access to, and use of, the site services and for providing valid approvals for their child’s/minor's participation in subscription, competitions and other promotional activities conducted by the website owner.
 

If you are a child or young adult under the age of 18 years, you must ask your parent or legal guardian to approve your provision of personal information before you submit your personal details to the website owner or to the site.
 

How information is collected
 

The website owner may collect your personal information from a variety of sources, including from you, advertisers, mailing lists, recruitment agencies, contractors and business partners.
 

The website owner will generally collect personal information by way of forms filled out by people, face-to-face meetings, interviews, business cards, electronic communications, telephone conversations and from third parties (including representatives, agents and credit reporting agencies). In addition, the website owner may collect personal information from the site and from social media web pages (e.g. Facebook, Twitter, Instagram, Pinterest and Tumblr), through receiving applications (e.g. subscription applications, job applications, competition applications), and through promotion entries (including posts, comments/likes, messages and votes) and through other electronic documents and information.
 

The website owner may collect your personal information when you request or acquire a product or service from the website owner, register with the website owner as a subscriber or member, provide a product or service to the website owner, complete a survey or questionnaire, enter a competition or event, contribute in a fundraising event, participate in site services (including blogs, forums, and Discussions) or when you communicate with the website owner electronically (including email and facsimile), by telephone or in writing (for example if you make a complaint or provide feedback).
 

If, at any time, you provide personal or other information about someone other than yourself, you must have that person's consent to provide such information for the purpose for which you provide it to the website owner.
 

Why information is collected
 

The primary purpose for which the website owner collects information about you is to conduct business, provide and market products and services or products and services, meet legal or regulatory obligations, and also for the management of business transactions entered into with the website owner and the administration of any accounts you have with the website owner. The website owner may state a more specific purpose at the point the website owner collects your information (including but not limited to any law that requires or authorises the particular information to be collected).
 

If you do not provide the website owner with all or some of the information that the website owner requests, we may not be able to provide you with products or services or market products and services or products to you. For example, if you do not register as a member of the site, you will not be able to access features or services that are reserved for members or subscribers only.
 

How information is used
 

In addition to the primary purpose outlined above, the website owner may use the personal information collected, and you consent to the website owner using your personal information:

  • to provide you with news and information about      products and services or products, and opportunities that the website      owner believes you may be interested in; 
  • for purposes necessary or incidental to the      provision of products or services to you including processing order      details, tracking numbers and other transaction information;
  • to personalise and customise your experience      purchasing or using website owner products or services; 
  • to manage and enhance website owner products and      services; 
  • to communicate with you, including by email, mail      or telephone; 
  • to conduct competitions or promotions; 
  • to verify your identity; 
  • to investigate any complaints about or made by      you, or if the website owner has reason to suspect that you are in breach      of any of the site terms and conditions or that you are or have been      otherwise engaged in any unlawful activity; 
  • as part of any investigation in relation to you      or your activity which the website owner suspects to be a breach of any of      the site terms and conditions, serious misconduct or unlawful;
  • as part of a sale (or proposed sale) of all or      part of the website owner’s business; and/or 
  • as required or permitted by any law or regulation      (including without limitation the Privacy Act). 


How information is disclosed
 

The website owner may disclose personal information, and you consent to the website owner disclosing your personal information, to third parties (in which case, your personal information will be collected, used, disclosed and otherwise handled in accordance with this Privacy Policy and applicable privacy laws):
 

  • for purposes necessary or incidental to the      provision of products or services to you including the disclosure of order      details, tracking numbers and other transaction information to Google Inc.      for processing and other use for the Google Certified Shops program;
  • engaged by the website owner to perform functions      or provide products or services on the website owner’s behalf, such as      processing of credit card information, technical or product support,      mailouts, debt collection, marketing, research or advertising. Such third      parties include third parties that operate MailChimp, SurveyMonkey (including      Wufoo) and Campaign Monitor;
  • that are the website owner’s agents, business      partners or joint venture entities or partners; 
  • that sponsor or promote any competition or      activity that the website owner conducts or promotes via our      services; 
  • authorised by you to receive information held by the      website owner; 
  • as part of any investigation in relation to you      or your activity which the website owner suspects to be a breach of any of      the site terms and conditions, serious misconduct or unlawful (including      disclosure to the police, any relevant authority or enforcement body, or      your Internet Service Provider or network administrator); 
  • that are the website owner’s external advisers or      potential or actual bidders or their external advisers as part of a sale      (or proposed sale) of all or part of the website owner’s business;      and/or 
  • as required or permitted by any law or regulation      (including the Privacy Act). 

Some of these third parties to which the website owner may disclose your personal information may be located in Australia, New Zealand, Singapore, the United States, the United Kingdom, Luxembourg, Ireland or other countries.
 

Opting in or out
 

At the point the website owner collects information from you, you may be asked to "opt in" to consent to the website owner using or disclosing your personal information for purposes other than those that are expressly stated in this Privacy Policy. For example, you may be asked to opt-in to receive further information or communications from the website owner’s advertisers or supporters.
 

You will be given the opportunity to "opt out" from receiving communications from the website owner or from third parties that send communications to you in accordance with the Privacy Act and other applicable privacy laws. For example, you will be given the option to unsubscribe to emails or newsletters sent by the website owner.
 

You may also opt-out of Google Analytics and customise your Google Display Network ads by using the Ads Settings. You can also access Google Analytics' currently available opt-outs for the web.
 

How information is held - management and security
 

The website owner may oversee the management of personal information in accordance with this Privacy Policy, the Privacy Act and other applicable privacy laws.
 

Other than in relation to Non-Confidential Information, the website owner will take all reasonable steps to protect the personal information that the website owner holds from misuse, interference and loss, and from unauthorised access, modification or disclosure including by means of secure premises, locked cabinets, firewalls, password access, secure servers and encryption of credit card transactions.
 

However, you acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to the website owner via the internet or by post at your own risk. The website owner cannot accept responsibility for misuse, interference or loss, or unauthorised access, modification or disclosure in respect of your personal information where the security of the information is not within the website owner’s control.
 

If you suspect any misuse, interference or loss, or unauthorised access, modification or disclosure in respect of your personal information, or any other privacy breach please let the website owner know immediately.
 

Accessing and updating or correcting your information and contact advice
 

Subject to the exceptions set out in the Privacy Act and other applicable privacy laws, you may request to access, update or correct the personal information the website owner holds about you. The website owner will require you to verify your identity and to specify the information that you wish to access, update or correct. A fee may be charged for providing access however the website owner will advise you of the likely cost in advance.
 

Subscribers or members of the site will generally be able to access, update and correct their membership and contact details online. The website owner requests that you keep your information as current as possible so that the website owner may continue to improve site service to you.
 

If you wish to access, update or correct any personal information that the website owner holds about you, or if you have any questions or require a complaint dealt with about how the website owner collects, uses, discloses, stores or otherwise handles your personal information, you can email:
 

The Website Owner
Email: carameljones.books@gmail.com.

Or you can also complain to the Office of the Privacy Commissioner (OPC), New Zealand, if you are unhappy with how the website owner has used your data, at:

Office of the Privacy Commissioner

PO Box 10 094 

Wellington 6143

Phone: (NZ +64) 0800 803 909 (Monday to Friday, 10am to 3pm)

Email: enquiries@privacy.org.nz

Please check the OPC website advice first at: 

www.https://www.privacy.org.nz/about-us/contact-us/ 


Last updated on 01 April 2024


  

Terms & Conditions

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website (the "site"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. Using the site indicates that you accept these terms regardless of whether or not you choose to register with the site. If you do not agree to these terms of use (or are not authorised to do so on behalf of your business or work), please refrain from using the site. If you use the site in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. These terms and conditions are only available in the English language.


Information about the site

The site is operated by the website owner Lori Dale (the “website owner”), contactable through email at carameljones.books@gmail.com. 


Accessing the site

You acknowledge that these terms of website use are supported by reasonable and valuable consideration, the receipt and adequacy of which is acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the site and receipt of data, materials and information available at or through the site. We recommend that you print and save a copy of these terms and conditions for your records.

You may access most areas of the site without registering your details with the site. Certain areas of the site may only open to you if you register. From time to time, parts of the site may be restricted, or the entire site, to users who have registered with the site.

Access to the site is permitted on a temporary basis, and the right to withdraw or amend the service provided on the site without notice is reserved. The content or any features of the site may be changed or deleted at any time, in any way, for any or no reason. The website owner is not liable if for any reason the site is unavailable at any time or for any period. In exceptional circumstances the site, or site content, may cease to be published, or subscription services may cease to be provided. If so, then the website owner will have no further obligation to you. If the need arises, access to the site may be suspended, or closed indefinitely. Any of the material on the site may be out of date at any given time, and the website owner is under no obligation to update such material.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of the site security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The website owner has the right to disable any user identification code or password, whether chosen by you or allocated by the site, at any time, if in the website owner’s opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.


Intellectual property rights

All information, materials, functions and other content contained on the site is the copyrighted property of the website owner, or the copyrighted property of the licensors or licensees. All such rights are reserved. All trademarks, service marks, trade names, and trade dress are proprietary to the website owner and/or the licensors or licensees.

You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference and you may draw the attention of others within your organisation to material posted on the site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The website owner’s status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.

You must not use any part of the materials on the site for commercial purposes without obtaining a licence to do so from the website owner or the licensors.

If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at the website owner’s option, destroy any copies of the materials you have made.

Except as set out above no part of the site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the website owner’s prior written permission.


Reliance on information posted

Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The website owner therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.


User generated content - UGC

The site may include discussion forums and blogs (“Discussion”) that allow interaction between users and between users and the website owner. The website owner calls the information posted to these discussions by users "User Generated Content" or "UGC".

If you wish to view or participate in a Discussion then you must comply with any specific rules posted on the Discussion. You will retain ownership of the copyright in any of your UGC that you or the website owner publishes on the site so you are free to re-use it as you wish. You agree that if you post UGC to a Discussion then you are granting the website owner a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as the website owner sees fit, whether on the site or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant the website owner a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.

You are responsible for all the content of any of your UGC that you or the website owner publish. You are financially responsible to website owner for any claim against the website owner by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.

You agree that you will:

  • only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
  • not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
  • not post, link to or otherwise publish any UGC with recommendations to buy ornot buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
  • not post, link to or otherwise publish any UGC that is threatening, abusive, libellous, indecent or otherwise unlawful.
  • not disguise the origin of any UGC and not impersonate any person or entity (including the website owner or Discussion guests or hosts) or misrepresent any connection with any person or entity.
  • not post or otherwise publish any UGC unrelated to the Discussion or the Discussion's      topic.
  • not post or transmit any UGC that contains software viruses, files or code  designed to interrupt, destroy or limit the functionality of the site or any computer software or equipment.
  • not collect or store other users' personal data.
  • not restrict or inhibit any other user from using the Discussions.
  • The Discussions contain UGC submitted by users over whom the website owner has no control so cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.

It is not possible for the website owner to fully monitor all UGC published on the site but where the website owner has received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then the website owner will review that UGC, decide whether to remove it from the site and act accordingly. If you believe that any UGC published on the site infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify the website owner immediately with specific details by contacting the website owner at carameljones.books@gmail.com. 


Website owner liability

The material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, the website owner, and third parties connected to the website owner hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation      any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time;
    • and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories       set out above.

To the extent permitted by applicable law, you agree that any cause of action you may have, arising out of or related to these terms of website use or of the site must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.


Information about you and your visits to the site

The website owner processes information about you in accordance with the privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

On registration, you must provide the website owner with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable registration or subscription pages. The website owner is entitled to rely on any information you provide to the site.

You are responsible for all use of the site made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify the website owner immediately. The website owner recommends that you do not select an obvious user password (such as your name) and that you change it regularly.

If you provide the website owner with an email address that will result in any messages the website owner may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that the website owner may stop sending messages to you without notifying you.


Transactions concluded through the site

Contracts for the supply of goods or services formed through the site or as a result of visits made by you are governed by the site terms and conditions of supply.


Viruses, hacking and other offences

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. The website owner may report any such breach to the relevant law enforcement authorities and may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site may cease immediately.

The website owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.


Links

You may link to the site, provided you do so in a way that is fair and legal and does not damage the website owner’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the website owner’s part where none exists.

The site must not be framed on any other site. The website owner reserves the right to withdraw linking permission without notice. Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. The website owner has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.


Jurisdiction and applicable law

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by the law of New Zealand. Any dispute or claim shall be subject to the non-exclusive jurisdiction of the courts of New Zealand although the website owner retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. The website owner makes no representation that the site or the content on the site is appropriate or available for use in any particular location. If you choose to access the site you do so on your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.


Events outside the website owner’s control

The website owner will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under a Contract that is caused by events outside the website owner’s reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the website owner’s reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government.

Site performance is deemed to be suspended for the period that the Force Majeure Event continues, and the website owner will have an extension of time for performance for the duration of that period. The website owner will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which obligations under the Contract may be performed despite the Force Majeure Event.


Written communications and notices

Applicable laws require that some of the information or communications the website owner sends to you should be in writing. When using the site, you accept that communication with the website owner will be mainly electronic. The website owner will contact you by e-mail or provide you with information by posting notices on the site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that are provided to you electronically from the site comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to the website owner must be in writing and addressed to The Website Owner, carameljones.books@gmail.com. The website owner may give notice to you at either the e-mail or postal address you provide. 


General provisions

Variations: The website owner may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.

Severability: If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Waiver: If the website owner fails to insist upon strict performance of any of your obligations under any of these terms and conditions, or fails to exercise any of the rights or remedies to which the website owner is entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by the website owner of any default shall not constitute a waiver of any subsequent default. No waiver by the website owner of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Interpretation: Headings in these conditions shall not affect their interpretation. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. 


Last updated on 01 April 2024.

Copyright © 2024 Cara Mel Jones - All Rights Reserved.

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