Trendy Rhino Pty Ltd Terms & Conditions

Trendy Rhino Pty Ltd (ACN 623 293 952) collects personal information about you from our websites including www.trendyrhino.com and any or our related websites, mobile applications and social media pages (each a “Website”), and as provided by you by any other means, including either physically or electronically. We may also collect personal information from social media sites and from commercial data providers, referral agents and other data providers who obtained your personal information from third party sources who hold your consent to disclose your personal information to us, or who have otherwise disclosed your personal information to us in circumstances where it is lawful to do so. Personal information will not be collected from any person who we know to be under the age of sixteen (16) without the consent of a parent or legal guardian. If you are a business we trade with, personal information is collected in order to carry on our trading relationship with you, including but not limited to processing transactions, assessing your credit risk and issuing invoices. Personal information is generally collected in order to allow you to sign up or register to become a member of a Website, to download an use a mobile application, to submit content and participate in a Website, to allow you to publish social media posts via a Website, to engage with other users and respond to campaigns or briefs, to make or receive payments, to provide you with newsletters (including electronic newsletters), respond to inquiries, maintain our relationship with you, provide you with certain content, products and services and, unless you opt-out or unsubscribe, to contact you in the future with information on products and services and to provide you with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. Our Websites may also collect and use passively collected anonymous or personal information, or personal information from various third party sources, and may combine this anonymous information or personal information with other personal information collected from you, to provide better service to Website users, customise Websites based on your preferences, to provide you with relevant advertising when you use our Websites or third party websites, to compile and analyse statistics and trends, and otherwise administer and improve our Websites for your use. For the purposes described above, your information may be shared with our group companies (and their directors, servants and agents), promotional partners, other Website users and other trusted third parties including service providers engaged by us to perform a variety of functions including legal and accounting services, data storage, fulfilling orders, processing payments, assisting with promotions and providing technical services. Such group companies and third parties may be located in Australia or overseas including New Zealand, the United States of America, the Philippines and the United Kingdom. Failure to provide personal information may result in us being unable to carry on our trading relationship with you or provide you with certain content, products or services. Our Privacy Policy contains information about how you can access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information and how we will handle any complaint. You may contact our privacy officer with any queries via email: support@trendyrhino.com.

 

Brands

Brand agrees to grant in respect of all content utilised during campaigns:

  1. to grant to Trendy Rhino (and its agents), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the content for the purpose of marketing and promoting Trendy Rhino (and its products and services) in any manner, without further notification to or consent of the Brand or any compensation payable to the Brand; and
  2. Trendy Rhino has the right to cancel, suspend, restrict services to and/or terminate a brands campaign if Trendy Rhino believes (in its sole discretion) that the brand is not running the campaign in a fair and reasonable way, or are attempting to use Facebook Groups in a way which does not treat the community in a fair and reasonable way and/or in accordance with the purposes for which the Trendy Rhino were intended.

 

Payment Terms for Brands

You agree to pay Trendy Rhino all fees and charges owed from monthly campaigns within 30 days of the campaign beginning. Trendy Rhino reserves the right to cancel, suspend or postpone a campaign if brands do not comply with these payment requests.

Where no terms of payment are stated on an Invoice or otherwise agreed with Tribe in writing, the following standard payment terms apply:

30 days from date of Invoice for approved brands; and

30 days from date of Invoice for approved media agencies.

Where a brand or media agency is approved to pay by invoice, the brand or media agency must provide Trendy Rhino with a purchase order or insertion order (or similar) approving the fees and charges to be included on the Invoice and including a purchase order or insertion order number.

Where Trendy Rhino approves a brand or media agency to pay by invoice, the brand or media agency irrevocably authorizes Trendy Rhino, its employees, servants and agents to make such enquiries as Trendy Rhino deems necessary to investigate the brand or media agency’s credit worthiness, including, without limitation, making inquiries from referees, banks or any other credit providers (“Information Sources”), and the brand or media agency hereby authorizes such Information Sources to disclose to Trendy Rhino, its employees, servants and agents, all information requested by Trendy Rhino for the purpose of assessing your credit worthiness. No agency rebates will be given.

 

TRIBE’S INTELLECTUAL PROPERTY

All Trendy Rhino Materials are protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Trendy Rhino Materials to a brand or media agency.

All right, title and interest in all Intellectual Property Rights in all of Trendy Rhino’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on our website are the property of Tribe and will remain or be vested in Trendy Rhino at all times. Your use of the website will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights.

 

Limitation of Liability

In using Trendy Rhino, you may be exposed to content that is harmful, obscene, misleading or inaccurate. Under no circumstances will Trendy Rhino be liable in any way for any content, including but not limited to any errors or omissions in such content or any loss or damage of any kind incurred as a result of any use of content posted, transmitted or otherwise made available via Trendy Rhino.

 

Any liability of Trendy Rhino to a Brand in connection with these Terms of Use, or our website, regardless of the form or cause of action, shall be limited to the amount actually paid by the brand to Trendy Rhino. Without limiting their foregoing, in no event shall Trendy Rhino or any of its associated entities, successors in title, licensees or assigns be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, arising out of, or in connection with, our website, these Terms of Use, or any post, content or campaign. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence or any other basis, even if Trendy Rhino or any other party has been advised of the possibility of such damages.

 

Disclaimer

This entire clause does not apply to any Consumer Guarantee under the Australian Consumer Law and does not apply to any liability of Trendy Rhino’s for failure to comply with a Consumer Guarantee under the Australian Consumer Law. Nothing in these Terms operates to exclude any liability for death or personal injury caused by negligence, nor for fraud, nor for any Consumer Guarantee under Australian Consumer Law. Whilst Trendy Rhino endeavours to take all reasonable steps to ensure that we operate as expected, our website, services and its entire contents are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Trendy Rhino disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Trendy Rhino does not make any guarantees and does not provide any undertaking that the website will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use Trendy Rhino at your own risk and that Trendy Rhino disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the website and services, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that results from accessing, installing, updating or using our website or services. You assume total responsibility for your use of Trendy Rhino, including compliance with all applicable road rules and regulations.

 

Contact and Help Details

You may contact Trendy Rhino via:

Address:  Mail (Australia): 102 Victoria St, Carlton, VIC

Email:   support@trendyrhino.com