These Terms and Conditions are made up of:

(i) Part A – Terms of Use of Website;

(ii) Part B – Terms of Sale

(iii) Part C – General

(iv) Part D – Privacy Policy

Together we refer to these as the ‘terms’ or ‘terms of use’.


Part A: Terms of Use of Website

  1. Who we are

Powerwincher Pty Ltd ABN 80617713863 of Kettering, Tasmania, Australia 7155). (‘Powerwincher’, ‘us, ‘we’, and ‘our’) is the owner and operator of powerwincher.com.au our home website (‘Site’). ‘You’ means you, the individual or company using our Site.

  1. Access

Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or referred to in this document (‘terms of use’).

By using and accessing our Site, you confirm you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use or access our Site.

  1. We may make changes to these terms and the Site.

We amend these terms of use from time to time. Every time you wish to use our Site, please check these terms of use to ensure you understand the terms that apply at that time. We may also update and change our Site from time to time to reflect changes to our Products, our customers’ needs and our business priorities.

  1. We may suspend or withdraw our Site.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Things happen and we may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

  1. Eligibility to use our Site

Our Site is intended for users who are at least 18 years of age and are residing in and using this Site within Australia. If you access our Site from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to you accessing our Site from your location.

  1. How you may use the things on our Site

We are the owners or licensees of all intellectual property rights (including, but not limited to, registered design, copyright and trade marks) on our Site and in the material published on it.

All materials displayed on our Site, including without limitation, all information, text, photographs, illustrations, artwork, and other graphic materials are the property of Powerwincher or its related companies or their suppliers and/or licensors unless indicated otherwise on the Site, and are protected by copyright, trade mark, and other intellectual property laws and treaties around the world. All such rights are reserved.

You may download extracts of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

  1. Do not rely on information on this Site

This Site is provided on an “as is” and “as available” basis and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

  1. Security, viruses, and links

8.1 Powerwincher does not warrant that any of the functions contained on the Site or your access to the Powerwincher Site will be uninterrupted or error-free, or that any notifications will be made in a timely manner, or at all.

8.1.1 Although we work very hard to prevent third parties from interfering with our Site, we cannot guarantee that it will always be secure or free from bugs or viruses.

8.1.2 We recommend that you use virus protection software when using any website and that you take precautions to ensure that the process that you employ for accessing our Site is secure and does not expose you to interference which may damage your computer system. We do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of our Site.

8.2 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Your access to such third party websites is at your own risk and subject to the terms and conditions of use for those websites.

  1. Cookies

We use cookies to make things a bit easier for you when you’re using our Site. Cookies are small files that we store on your computer containing a unique ID number that mean we can tell who’s using our Site and improve customer experience overall.

9.1 When you access our Site, we may send cookies to your computer. This enables us to recognise your computer and greet you each time you visit our Site without bothering you with a request to register. It also enables us to keep track of Products or services you view so that, if you consent, we can send you news about those Products or services. We also use cookies to measure traffic patterns, to determine which areas of our Site have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online Products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

9.2 We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the Site, track users’ movements, and gather broad demographic information.

  1. User-Generated Content

10.1 This Site and our social media channels allow users to upload content in connection with the Powerwincher brand or Powerwincher Products available for sale on the Site (‘Products’), including text, commentary, testimonials, photos, graphics, images, audio, video and other information or material (‘user-generated content’ or ‘UGC’).

10.2 If we like your UGC, we may ask for your permission to feature it on our Site, social media channels, or in our marketing, advertising or promotional emails and materials (‘marketing’). If you reply to our request with the hashtag #YesPowerwincher or in an otherwise affirmative manner this will indicate your agreement to the terms applicable to the UGC. as set out in clauses 10.1 – 10.13 (‘UGC terms’) and our use of the UGC.

10.3 If you have not been contacted by Powerwincher, but in any case upload UGC to the Site or our social media channels, you will be deemed to have consented to these UGC terms by uploading the UGC. If you do not agree to the UGC Terms, you should not proceed to upload the UGC.

10.4 You grant Powerwincher a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, reproduce and modify the UGC in any manner to be determined by Powerwincher (including but not limited to in our marketing) in any media used now or in the future. We may sub-licence this right to our related companies, sub-contractors, licensees, assigns and third party service providers (‘Powerwincher licensees’).

10.5 Powerwincher may use, vary, display, modify, reproduce, distribute, disclose, create further works from or edit your UGC in any manner in our discretion.

10.6 We will always attribute your UGC to you (after all, we know just how much effort goes into creating it!) and you consent to attribution by either your full name, username or social media handle. You waive any other moral or performers’ rights and any right of confidentiality that you may have in connection with the UGC.

10.7 You acknowledge that we are not required to pay or compensate you for our use of the UGC in our marketing materials.

10.8 You must own, or have a licence for, all rights in the UGC, including without limitation intellectual property rights, that you upload to our Site or social media channels. You warrant and represent that all of the UGC is your own work (or is properly licensed to you) and that your use of and licence of it to us does not infringe any intellectual property or other rights of any third party.

10.9 You understand and acknowledge that you are responsible for any UGC you submit or contribute and you (not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

10.10 You agree to release Powerwincher from any claims, actions or liabilities of any kind whatsoever (whether current or future) related in any way to Powerwincher’s use of the UGC pursuant to these terms of use, except to the extent that such liability arises as a result of, or is contributed to by Powerwincher.

10.11 You acknowledge that the UGC may be displayed, distributed or used in
our marketing, together with your name and other identifying information provided to us, including without limitation any social media identifier, handle, profile picture or likeness.

10.12 We will only use your UGC in accordance with our privacy policy and in accordance with these terms of use.

10.13 You agree that all UGC must comply with our Content Standards. Powerwincher may remove, refuse to use or take any other action with respect to any UGC if it is not consistent with our content standards or for any other reason at any time at our sole discretion.

  1. User-Generated Content and Social Media

11.1 UGC uploaded to the Site or social media channels must not:

  • be, or contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or inappropriate as determined by Powerwincher;
  • contain or promote sexual or pornographic material, violence, or any form of discrimination;
  • infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these terms of use and our privacy policy;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • be likely to deceive or impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us; and
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, advertising or any other form of solicitation or unauthorised communication.

(together the ‘content standards’).

11.2 By uploading UGC to the Site or our social media channels, you warrant that the UGC complies with the content standards, and you indemnify us for any breach of that warranty except to the extent that we caused or contributed to that loss. We may report any breach of your warranty to the relevant law enforcement authorities and we will co- operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site or social media channels will cease immediately.

  1. Rules about linking to our Site

You may link to our Site if you first obtain consent from us by
contacting powerwincher@gmail.com. Any linking must be done in a way that is fair and legal and does not damage our reputation. The website in which you are linking must comply in all respects with the Content Standards.

  1. Our trademarks are registered

‘Powerwincher’ and all related names, logos, Product and service names, designs and slogans are our trade marks. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under paragraph 10.

  1. Prohibited uses

You may use the Site only for lawful purposes and in accordance with these terms of use. You agree not to use the Site:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards;
  • to transmit, or procure the sending of, any advertising or promotional material;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

14.1 Additionally, you agree not to:

  • use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • otherwise attempt to interfere with the proper working of the Site.

14.2 In the event of such a breach, your right to use our Site will cease immediately.

  1. Disclaimer

While we endeavour to take reasonable care in preparing and maintaining the information on the Site, we make no representation about the accuracy, reliability,

adequacy, completeness or timeliness of the content, including the price of any Products available for purchase from our Powerwincher online store. The content may contain inaccuracies or typographical errors. The content is subject to change at any time without notice and may not be up to date or accurate at the time you view it.

  1. Limitation of liability

In no event will we be liable for damages of any kind, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in these terms of use affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers’ fees) arising out of or relating to your violation of these terms of use or your use of the Site, including, but not limited to, your UGC, your use of any information obtained from the Site and any use of the Site’s content, services and Products other than as expressly authorised in these terms of use.

  1. Termination

The terms of use are effective until terminated by us. In addition to any other rights set out in these terms of use, we may terminate these terms of use and your access to this Site in our absolute and sole discretion at any time without notice. In the event of termination, you are no longer authorised to access or use this Site. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in the terms of use, will survive the termination of these terms of use and will continue in full force and effect.

Part B: Terms of Sale

Just like with every other website we know that you will carefully and thoroughly read through these terms of sale before ordering any Products from the Powerwincher online store.

  1. Application of these terms of sale

18.1 All purchases of Products from the online store made available on the Site (Powerwincher online store) will be governed by the following terms of sale, including any other terms and conditions which may be notified to you at the time of placing your order, for example, promotional terms and conditions (terms of sale).

18.2  By ordering Products, you agree to be bound by these terms of sale.

18.3  In addition to the terms of sale, by ordering any Products via the Powerwincher online store you acknowledge and agree that your use of the Site will be governed by:

  •  our terms of use; and
  •  our privacy policy [see below], and you:
  •  agree to comply with the terms of use; and
  •  consent to Powerwincher’s use of your personal information in accordance with the privacy policy.
  1. You must keep your account details safe.

If you create an account on the Powerwincher online store you are responsible for:

  •  maintaining the confidentiality of your username and password;
  •  restricting access to your password; and
  •  all activities and each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.

If you know or suspect that anyone other than you knows the password for your user account, you must promptly notify us at powerwincher@gmail.com.au.

  1. Use of the Powerwincher online store

You warrant that all Products purchased from the Powerwincher online store are being purchased for personal use (not commercial use) and will not be resold or resupplied.

  1. Product Information

Please take care when placing your order to ensure that the Products you purchase are suitable for the intended use.

  1. Placing an order

To be able to buy Products you must:

  •  read and accept these Terms of Sale;
  •  provide your name and address, phone number, email address, payment details and other required information;
  •  provide a delivery address; and
  •  be aged 18 years or over.

You may place an order by clicking on the [‘ADD TO CART’] button and proceeding to the checkout page.

You will be provided with an opportunity to review your order, read and accept the terms of sale, check the total price of your order and the information you have provided, and correct any input errors before confirming your order. We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.

  1. Processing and Contract Formation

Once you have submitted and paid for your order in full using the Powerwincher online store, we will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered Products (order receipt confirmation email).

  1. Powerwincher’s rights in respect of an order

We may reject all or part of an order at our sole discretion for any reason, including without limitation in the case of abnormal orders and orders which we suspect are not placed in accordance with these terms of sale or orders in response to incorrect offers on the Powerwincher online store made as a result of human, system or technology error (including errors in the image, description or price).

We may from time to time impose quantity restrictions or limits on the Products you can order. Any quantity or total value restrictions will be stated on the Powerwincher Online Store or communicated to you at the time of placing your order or otherwise communicated to you. If we reject an order on the basis of the quantity restrictions we will refund any money paid for that order.

If we notice a pattern of orders or purchase activity that appears abnormal then we may suspend or deactivate that account and any associated accounts in our sole discretion. If we suspend or deactivate your account and you believe that this was done in error please contact powerwincher@gmail.com.au

If, after receiving your order, we are unable to fulfil that order, we will contact you to discuss the order.

We will email you to confirm that your order has been dispatched (shipment confirmation email).

The contract will only relate to those Products which have been dispatched and are listed in the shipment confirmation email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate shipment confirmation email.

  1. Prices, Shipping and Handling, Charges and Taxes

The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the order receipt confirmation email and in your shipping confirmation email. If you place additional or separate orders after receiving the order receipt confirmation these will be separate transactions and you will incur additional shipping and handling charges for such additional orders, if applicable.

If there is a pricing error, whether on the Powerwincher online store or in an order receipt confirmation email or otherwise, then to the extent permitted by law, Powerwincher has the right to correct such an error and charge the correct price or cancel the order.

Prices for the Products as shown on the Site include GST for sales within Australia only.  Powerwincher is not registered for taxes in any other country, except Australia.  It is the responsibility of the purchaser for any tariffs and taxes, except in Australia.

From time to time Powerwincher will include standard or express Australia Post freight and shipping costs within the price of the Product.  Separate charges for remote express shipping, handling will be shown in your order receipt confirmation email and can be viewed on a summary screen during the check-out process, prior to finalising your order.

Prices for Products and for shipping and handling may be changed at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a shipping confirmation email.

All risks, damage, loss and benefits of ownership transfer to the buyer upon dispatch from the Powerwincher depot. Any damage caused by Australia Post and other external carriers is to the buyers’ risk.  All care in secure and safe packaging in customised packaging is undertaken.  No claims will be recognised for loss or damage during transit. Insurance is recommended.

  1. Promotional Codes

From time to time promotional codes may be offered to the public or individual customers. To redeem a promotional code, the code should be entered during check out (of a valid transaction) when prompted. A maximum of one promotional code will be permitted per transaction. Promotional codes cannot be used in conjunction with any other offer including other promotional codes and/or gift with purchase promotions. Promotional codes cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discount promotional codes.

  1. Payment

Payment must be made by VISA or MasterCard. The name on the credit card must be the same as the name of the person placing the order.

If we do not receive the authorisation that the payment has been processed, we will cancel your order.

The value of your purchase will be settled from the applicable card when the order is placed.

If your credit card payment cannot be processed you will be notified of this on the Powerwincher online store. You will then need to contact the card issuer and endeavour to resolve the issue directly.

  1. Delivery

Your order will be dispatched on the next business day after receipt of your payment, provided that your order and payment is received before 3pm (Hobart time) on the day of your order. Your order will be delivered in Australia Post standard delivery times, usually within 3-5 business days following dispatch. International orders will be delivered within the standard delivery times of both Australia Post and the local postal authority.

If you unreasonably defer or delay delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.

  1. Events outside of our control

We will not be responsible for delay or failure to perform if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond our reasonable control including but not limited to:

  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  •  strikes or lock-outs (or other industrial action);
  •  national or local states of emergency;
  •  failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
  •  the acts, decrees, legislation, regulations or restrictions of any government;

Our performance is deemed to be suspended for the period that the above continues.

  1. Product Availability

We use reasonable efforts to ensure the availability of Products you order from the Powerwincher online store but at times, Products may be out of stock or not available for reasons beyond our control.

  1. Title to Products

We retain full legal title to Products until we have received in full all amounts payable for the Products and you have received your Shipping Confirmation Email. All risks, damage, loss and benefits of ownership transfer to the buyer upon dispatch from the Powerwincher depot. Any damage caused by external carriers is to the buyers’ risk.  All care in secure and safe packaging in customised packaging is undertaken.  No claims will be recognised for loss or damage during transit. Insurance is recommended for all overseas sales.

  1. Returns Policy

32.1  Powerwincher offers a conditional warranty for 24 months from date of purchase to the original purchaser only.

32.2 If you believe a Product you have ordered is defective or damaged, please contact powerwincher@gmail.com. Any damage caused by Australia Post or the shipping company is your responsibility.  Insurance is recommended.

32.3  We will request that you send us evidence of the damage.

32.4  We will provide instructions for the return of the Product. Once we have received and validated your returned Product, we will send you an email to confirm the validation. Your return will then be processed by us and confirmed to you by email, regarding despatch and repair costs if any. We will notify you whether the Product will be replaced or repaired.

32.5 You have additional rights under the Australian Consumer Law.

  1. Australian Consumer Law

Any voluntary warranty against defects given to you with your purchase provides benefits in addition to your other rights and remedies under the Australian Consumer Law or any other applicable consumer law in Australia; and does not exclude, restrict, modify, limit, or override your rights under the Australian Consumer Law. In accordance with the applicable provisions of the Australian Consumer Law: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

  1. Liability, Exclusions and Limitations

Nothing in these terms of sale excludes, restricts, modifies or limits your rights and remedies under, or the application of the Australian Consumer Law.

The only conditions, guarantees and warranties which are binding on us in respect of the Products and services supplied by us on the Powerwincher Online Store are those expressly set out in these Terms of Sale or required to be binding by statute; including the applicable provisions of the Australian Consumer Law. To the fullest extent permitted by law all other terms and conditions, concerning the quality or condition of any Products or goods, information, service, material, advice or recommendation supplied by us to you through the Powerwincher Online Store are excluded.

If Powerwincher breaches any term or condition and our liability cannot be lawfully excluded but can be lawfully limited, then to the extent permitted by law and without excluding, restricting, modifying or limiting your rights and remedies under the Australian Consumer Law, our liability for such breach is limited at our election to either: (a) resupplying the Products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those Products.

To the fullest extent permitted by law and except to the extent (if any) provided in these Terms of Sale or if we are liable to you for loss under applicable provisions for the Australian Consumer Law, we have no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of the Site, Powerwincher Online Store or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Terms of Sale.

  1. Privacy

By purchasing any Products from us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our privacy policy, a copy of which is available at Part D below.

  1. Termination

Without prejudice to our termination or other rights under any other provision of these terms or applicable law, we may at any time prior to delivering the Products to you, immediately terminate the contract for the supply of Products to you if:

  • in our reasonable opinion you breach these terms of sale and the breach is not capable of being remedied; or
  • you breach these terms of sale, the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach.

If we terminate the contract pursuant to this clause, we will refund any money already received for that order.   If you terminate the contract, we will refund the sales proceeds net of credit card and bank fees and an administration and re-stocking fee.

Part C: General

  1. Transfer of rights and obligations

These terms are binding on you and Powerwincher and on any person to whom Powerwincher might transfer its rights.

You must not transfer, assign, charge or otherwise deal with a contract with Powerwincher, or any of your rights or obligations arising under it, without our prior written consent.

Powerwincher may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of Powerwincher’s rights or obligations arising under it, at any time.

  1. Variations of these Terms

Powerwincher may revise these Terms from time to time. Any changes to these Terms will be effective on the date on which they are posted on the Site.

  1. Entire agreement

These Terms and any document expressly referred to in them represents the entire agreement between Powerwincher and you and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

You acknowledge that, in entering into a contract with Powerwincher, you have not relied on any representation, undertaking or promise given by Powerwincher or any third party or implied from anything said or written in negotiations between us except as expressly stated in these Terms.

  1. Severability

If any provision in these Terms is unenforceable, illegal or void or makes these Terms or any part of it unenforceable, illegal or void, then that provision is severed and the rest of these Terms remain in force.

  1. Applicable law

These Terms are governed by the laws of Tasmania, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Tasmania and of the Commonwealth of Australia.

Part D: Privacy Policy

At Powerwincher (“we”, “us”, “our”, “Company” and “Powerwincher”), we are committed to protecting and respecting your privacy. Our Privacy Policy (including any other documents referred to in it) sets out the basis when we process any personal data that we collect from you or about you that you provide to us or that we receive from other sources. By processing, we mean when we collect, use, store, delete and otherwise manipulate or access personal data.

If we ask you to provide information from which you can be identified, including as a result of using our website, the information will be used in accordance
with this Privacy Policy, as it changes from time to time.

Please read this policy carefully to understand our practices regarding your personal data and how we will treat it. We recommend that, from time to time, you visit our website to review this policy to stay up to date with any changes made to it. By visiting Powerwincher.com.au, you are accepting the practices described in this Privacy Policy.

  • What data does Powerwincher collect?
  • How does Powerwincher collect your data?
  • How will Powerwincher use your data?
  • How does Powerwincher store your data?
  • Will Powerwincher share your personal data with overseas recipients?
  • Marketing
  • What are your data protection rights?
  • What about cookies?
  • How does Powerwincher use cookies?
  • How to manage your cookies
  • Privacy policies of other websites
  • Changes to our Privacy Policy
  • How to contact us
  • Complaints

What data does Powerwincher collect?

The information we learn from customers helps us personalise and improve your experience with Powerwincher. Here are the types of information we gather.

  • Information You Give Us: We receive and store any information you provide and enter on our Website such as names, mailing or street address, email address, date of birth, phone number, facsimile number, details of the Products that you purchase from us or which you have enquired about, information you provide to us through customer surveys, etc. You can choose not to provide certain information, but then you might not be able to take advantage of many of our Products and services.
  • Automatic Information: We receive and store certain types of information whenever you interact with us. In line with our information security standards, we monitor website behaviour through Google Analytics. We collect information about how each visitor uses our website. These are then used to compile reports and to help us improve our Site. Information is collected in an anonymous form. For example, like many Websites, we use “cookies,” and we obtain certain types of information when your Web browser accesses Powerwincher.com or advertisements and other content served by or on behalf of Powerwincher.com on other Websites.

How does Powerwincher collect your data?

You directly provide us with most of the data we collect. We collect and process data when you:

  • Fill in forms on our website – https://powerwincher.com.au;
  • Correspond with us by phone, email, post, or social media;
  • Use or view our website via your browser’s cookies; and
  • Receive information about you from other sources.

Information from Other Sources: We usually collect your personal data directly from you. However, we might receive information about you, or seek to verify your personal information, from other sources including third parties such as credit reporting agencies, law enforcement agencies and other government entities, and add it to our account information. If we are not able to collect personal data about you, we may be unable to provide you with access to the website or our Products and services, either partly or wholly.

How will Powerwincher use your data?

Powerwincher processes the personal data held about you for the following purposes:

  • to help us deliver your goods;
  • to manage your purchases;
  • to manage any refunds;
  • to provide you with updates and alerts, such as the estimated time for your delivery orders;
  • to monitor our work and maintain our records;
  • to administer and improve our website and other communications with you;
  • to enable compliance with statutory and legal obligations;
  • to detect and prevent fraud;
  • to respond to any complaint that you might make; and
  • to answer general enquiries that you may make.

We may also share your information with other entities including:

  • credit reference agencies and other companies and organisations for the purpose of fraud prevention and credit risk reduction; and
  • government agencies and independent regulatory bodies.

In the event that Powerwincher (or substantially all of its assets) were to be acquired by or merged with a third party, the personal data held by us about our customers would be included amongst the assets transferred or shared. If we were to sell or buy any business or assets, we may disclose personal data held by us to the prospective seller or buyer under strict confidentiality terms.

When entering into any agreements that involve the sharing or disclosure of personal data, Powerwincher requires that these third parties comply with our data protection and information security policies or have substantially similar policies of their own in place.

How does Powerwincher store your data?

Powerwincher has put in place appropriate technical and organisational measures to preserve the security of your personal information, prevent accidental loss, damage or destruction of your personal data, and to protect your personal data information against unauthorised, or unlawful use or theft. We also put in place strict confidentiality agreements, including data protection obligations, with our third party service providers and data processors.

Will Powerwincher share your personal data with overseas recipients?

The personal data we collect, or is collected on our behalf, may be transferred to, and processed in, countries other than the country in which you reside. We may disclose personal information to our related bodies corporate, third party suppliers and service providers located overseas for some of the purposes listed above.

Your personal data may be transferred outside Australia, where processing activities such as technical support, storage and backup may be provided. When this data is sent outside Australia, we shall ensure its secure transfer and that appropriate safeguards are in place for the processing of your personal data in accordance with this policy and the requirements set out in accordance with applicable data protection laws.

Text Marketing and notifications

By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form, or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 10 a month. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted for as a reasonable means of opting out. Message and data rates may apply.

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

What are your data protection rights?

Powerwincher would like to make sure you are fully aware of all of your data protection rights. You are entitled to the following rights:

  • The right to access– You have the right to request our Company for access to your personal data and copies of your personal data that we hold about you.

We may charge you a small fee for this service but will not charge you for simply making a request.

  • The right to rectification – You have the right to ask our Company to correct any information which you believe is inaccurate. You also have the right to request our Company to complete the information you believe is incomplete.

If you would like to exercise any of these rights, please contact us via email: powerwincher@gmail.com

When contacting us to request for access or correction of any personal data we hold about you, we ask that you provide us with as much detail as you can about the data in question as this will help us to retrieve it. Before we provide you with access to your personal information we may require some proof of identity. We will respond to your request to access or correct your personal data within a reasonable period. If we decide that access or correction will not be permitted, we will provide with reasons for our decision.

Your exercise of these rights is subject to certain exemptions, including where the provision of your personal data might have an unreasonable impact on the privacy of other individuals, or where we are satisfied on reasonable grounds that access to or correction of the data should not be made.

What about cookies?

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. When you visit our website, we may collect information from you automatically through cookies or similar technology.

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit allaboutcookies.org.

How does Powerwincher use cookies?

Powerwincher uses cookies in a range of ways to improve your experience on our website including:

  • Keeping you signed in;
  • Understanding how you use our website;
  • The number of visitors of the Site;
  • Where visitors have come to the Site from; and
  • The pages visited.

We may also log IP addresses (i.e. the electronic addresses of computers connected to the Internet) to analyse trends, administer the website, track users’ movements on the website, and gather broad demographic information for aggregate use for advertisers and business partners.

How to manage your cookies

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Privacy policies of other websites

The Powerwincher website contains links to other websites. Our Privacy Policy applies only to our website, so if you click on a link to another website, you should read their Privacy Policy.

Changes to our Privacy Policy

Our Company keeps its Privacy Policy under regular review and places any updates on this web page.

This Privacy Policy was last updated in 2022.

How to contact us

If you have any questions about Powerwincher’s Privacy Policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us via email: powerwincher@gmail.com

Complaints

You may lodge a complaint if you believe that we have breached your privacy, by contacting us via the details above.

We will deal with any complaint by investigating it and providing a response to you within a reasonable time, provided that we have all necessary information and have completed any investigation required. In some cases, we may need to ask you to put your complaint in writing so that we are sure that we understand it, and may also need to ask you for further information or to verify your identity. We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will treat your complaint confidentially and respond to you within a reasonable time, usually in writing.

If you feel that our Company has not addressed your concerns in a satisfactory manner, you may contact the Office of the Australian Information Commissioner (OAIC). The contact details of the OAIC are available from the OAIC’s website at www.oaic.gov.au.