WellnessParrot Services Terms of Use

Policy Updated:  22/Aug/2022

Who We Are

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website (www.wellnessparrot.com). In this Privacy Policy we, us or our means wellnessparrot ABN 23 212 891 558.

  1. Listings Privacy Policy

1.1 Personal information

The types of personal information we may collect about you include:

  • your name
  • images of you
  • your contact details, including email address, mailing address, street address and/or telephone number
  • your age and/or date of birth
  • your credit card or payment details (through our third party payment processor)
  • your preferences and/or opinions
  • information you provide to us through customer surveys
  • details of products and services we have provided to you and/or that you have enquired about, and our response to you
  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour
  • information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider
  • additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information
  • any other personal information requested by us and/or provided by you or a third party

We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Site, associated applications and associated social media platforms
  • to contact and communicate with you
  • for internal record keeping, administrative purposes, invoicing and billing purposes
  • for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms
  • to run competitions and/or offer additional benefits to you
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
  • to comply with our legal obligations and resolve any disputes that we may have

1.2 Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Site, associated applications and associated social media platforms
  • to contact and communicate with you
  • for internal record keeping, administrative purposes, invoicing and billing purposes
  • for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms
  • to run competitions and/or offer additional benefits to you
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
  • to comply with our legal obligations and resolve any disputes that we may have

1.3 Disclosure of personal information to third parties

We may disclose personal information to:

  • our employees, contractors and/or related entities
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia
  • third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia

By providing us with personal information, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

1.4 Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

  1. Security

2.1 Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

2.2 Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie

2.3 Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

WellnessParrot intellectual property policy

WellnessParrot provides customers with a healthier, ethical selection of goods and creates a fantastic Wellness Lover experience. WellnessParrot does not allow listings that violate the intellectual property rights of brands or other rights owners.

This page provides information about intellectual property (IP) rights and common IP concerns that might arise when selling on WellnessParrot. This is not legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.

Copyright

  1.  What is a copyright? A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, etc. Generally, copyright law is meant to incentivize the creation of original works of authorship for the public’s benefit. To receive copyright protection, a work of authorship must be created by an author, and must have some amount of creativity. If you are the author of an original work, you typically own the copyright.
  2. Protection usually arises when creating a work, without a need for a registration, certification or other formal act.
  3.  How do I know if I own the copyright to one or more of the images that I am using on the detail page?A person who authors an original work owns the copyright for that work. If you take a photo of your product, you generally have copyright protection in the photo you took, and you can use that photo on your product detail page to sell that product. However, if you find a photo on someone else’s website, you should not upload that photo to a product detail page without the other person’s approval.
  4. Example: The soap brand owner took the photos of the soaps shown below and owns the copyright to the images of the soaps. If a seller were to copy these images to sell their product on another product detail page, that seller could be violating the rights owner’s copyright in the images of the sheets.                                           Note:  When you add your copyrighted image to a product detail page, you grant WellnessParrot and its affiliates a licence to use the material. Other sellers can list their items for sale on pages to which you have added your copyrighted images, even if you no longer sell that product. To ensure that you are not violating someone’s copyright, make sure that you only upload images or text that you have created yourself or for which you have the copyright holder’s approval to upload.
  5. How do I know if I own the copyright for the product that I am selling? It is important to make sure that the goods that you are selling do not violate a copyright, or you could lose your selling privileges and face potential legal consequences.
  6. There are rules around importing physical books for sale in some countries (ex:Australia). You may violate copyright if you do not comply with these. These rules apply even if the book is genuine and lawfully purchased from the overseas copyright owner.
  7. There are several exceptions to these rules. For instance, you can import a physical book for sale without the ex:Australian copyright owner’s permission if the book was not published in Australia within 30 days of its first publication overseas. There are also other circumstances where the importation of genuine books may be lawful. We recommend you consult a lawyer to determine if any of the exceptions apply to you.

Trademark

  1.  What is a trademark?A trademark is a word, symbol, or design or a combination of these (such as a brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies’ goods and services. In other words, a trademark indicates the source of goods or services. Generally, trademark laws exist to prevent customer confusion about the source of goods or services.
  2. Example: “WellnessParrot” is a trademark that we use for many of our goods and services.  
  3.  A trademark owner usually protects a trademark by registering it with a country-specific trademark office (such as IP Australia). In some cases, a person or company might have trademark rights that are only based on the use of a mark in commerce, even though the mark was never registered with a country-specific trademark office. Those rights are known as common law trademark rights and can be more limited.
  4.  What do trademarks protect? Generally, trademark law protects sellers of goods and services from customer confusion about who provides, endorses, or is affiliated with particular goods or services. A trademark owner might be able to stop others from using a particular mark, or a confusingly similar mark, if using the mark is likely to cause a customer to be confused about whether the product being sold is the trademark owner’s product.
  5.  What types of trademarks are displayed on WellnessParrot? Trademarks are often displayed on WellnessParrot’s product detail pages in the form of product and brand names listed on a product detail page. 
  6.  IP Australia offers resources to learn more about trademarks.
  7.  Do I always need the rights owner’s approval to use a trademark? Just because you are not the owner or licensee of a trademark, does not necessarily mean that you cannot sell another company’s product. The use of a trademark will be infringing in Australia if the trademark is being used on the same or similar goods to those for which the mark is registered and the goods you are selling are not genuine, or if your use is likely to cause confusion as to the source, endorsement, or affiliation of the goods.
  8. Example: If you are selling a genuine Peace.handmade soaps and you are advertising the product as a Peace.handmade soaps, you might not be causing confusion as to the source or affiliation of the goods (i.e., Peace.) and, if not, are not infringing on the Peace. trademark.
  9.  As a seller, when can I use someone else’s trademark? Typically, a seller can use someone else’s trademark in the following circumstances:
    1.  When selling authentic goods, a seller may use a trademarked name to list those authentic goods. For example, a seller who lists an authentic “Peace.” product is not necessarily infringing on the owner of the Peace. trademark because the seller is using the trademark to identify an authentic product. 
    2.  When using a trademarked word in its ordinary dictionary meaning. .
    3. When making truthful statements that a product is compatible with a trademarked product.
  10.  How can I make sure that I am not violating trademark law when selling on WWellnessParrot? It is important to make sure that the goods you are selling and the content of your listings do not violate a trademark or lose your selling privileges and face potential legal consequences. When you decide to sell goods on WellnessParrot, ask yourself the following questions:
    1.  Are the goods that I am selling from a reputable distributor? 
    2. How did I acquire these goods, and will I be able to prove that they are authentic if the question arises?
    3. If you are selling authentic goods that were purchased or sold overseas, does sale in Australia infringe the Australian trademark owner’s rights? To check whether a trademark is registered in Australia you can search for the trademark on the IP Australia website
    4.  Will the way I am describing these goods cause customer confusion (for example, would something about your detail page for the generic sheet set cause customers to believe that they are purchasing a Peace. handmade soaps)? 
    5.  Did I use a brand name or trademark in a non-confusing and truthful manner to describe compatibility (generally allowed) instead of similarity (not allowed)? 
  11. The table below shows examples of correctly and incorrectly branded listings under WellnessParrot listing policy:
  12. Listing title Brand Status of listing   
  13. If you are not sure, you should consult a lawyer.
  14. What is counterfeiting? Counterfeiting is a specific type of trademark infringement. A counterfeit is an unlawful reproduction of a registered trademark — or a mark that is very similar to a registered trademark — in connection with the sale of a product that does not come from the trademark holder.
  15. Counterfeiting requires the use of a registered trademark on the product or packaging. A lookalike item sold on a separate product detail page without the improper use of a registered trademark is not a counterfeit, even though the item might look similar or identical to the trademarked product. Although not a counterfeit, lookalike items may still infringe a registered trademark.
  16. IP Australia provides some general resources for intellectual property rights owners regarding steps to prevent the importation of counterfeit goods.

Patent

  1.  What is a patent?A patent is a form of legal protection for a device, substance, method or process. To gain protection, the invention needs to be new, useful, informative or innovative. An issued patent grants its owner the right to exclude others from making, using, offering to sell or selling the invention for a fixed number of years. An Australian patent will only give you rights to commercially exploit your invention in Australia, for the term of the patent. You can also obtain patent protection overseas if required.
  2.  Are there different types of patents?There are two principal types of patents in Australia: standard patents and innovation patents. IP Australia provides general resources about the different types of patents and the registration processes involved.
  3. A standard patent gives you long-term protection and control over an invention and can last for up to 20 years from the filing date of your application (or up to 25 years for pharmaceutical substances). To claim this patent over your invention, it must be new, involve an inventive step, and be able to be made or used in an industry.
  4. Innovation patents, on the other hand, can be granted if you want protection for an invention with a short market life that might be superseded by newer innovations. These patents last up to eight years and are designed to protect inventions that do not meet the inventive threshold required for standard patents (as this type of patent requires an innovative step rather than an inventive step).
  5.  What is the difference between a patent, trademark and a copyright? A patent is different from a trademark in that it protects an invention (such as a new machine) rather than a word or logo used to identify the source of the product (such as the brand name of the product). A patent is different from a copyright in that it does not protect the expressive content of a creative work like a book or a picture, but protects a specific invention, such as a new method of printing books or a new type of camera.
  6. IP Australia provides general resources to learn more about patents.
  7.  How can I make sure that I do not violate someone’s patent when selling on WellnessParrot? The manufacturer or authorized distributor of a product might be able to assist you with patent-related issues. If you are unsure whether your content or product violates someone else’s patent, you should consult a lawyer before listing on WellnessParrot.

Designs

  1.  What is a design? A design is a form of legal protection for the appearance of the entire product or a part of it which results, in particular, from the characteristics of line, contours, colours, form, surface structure and/or materials of the product and or the decoration.
  2.  How can I make sure that I do not violate someone’s design when selling on WellnessParrot?The manufacturer or distributor of a product might be able to assist you with design-related issues. If you are unsure whether your content or product violates someone else’s design, you should consult a lawyer before listing on WellnessParrot.
  3. IP Australia provides general resources to learn more about designs and the registration process.