1.1 Barista & Sons agree not to collect personal information for inclusion in a record or in a generally available publication unless:
(a) the information is collected for a purpose that is a lawful purpose directly related to a function or activity of Barista & Sons and
(b) the collection of the information is necessary for or directly related to that purpose
1.3 At the time of membership, Barista & Sons will take reasonable steps to ensure that the individual is aware of:
The identity of Barista & Sons and how to contact us
The purpose for which the information is collected
The fact that the collection of the information is authorised by or under law
The consequence (if any) for the individual if all or part of the information is not provided
Any person to whom, or anybody to which, it is Barista & Sons' usual practice to disclose personal information of the kind so collected
1.4 Barista & Sons will collect each website user's IP address and a list of pages visited. This information may be analysed in aggregate and will be used for business improvement. It may also be provided to business partners and advertisers.
1.5 Cookies are small pieces of data stored on a user's computer hard drive when a website is accessed. Barista & Sons relies on cookies to preserve the identity you have created while logged on. If you choose to not accept cookies, you cannot participate as a site member and will not have access to the Barista & Sons site.
2.1 Barista & Sons shall take such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the personal information is collected that the information is relevant to that purpose and is up to date and complete and the collection of the information does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.
2.2 Barista & Sons will not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:
the individual has consented to the use or disclosure; or
if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
(i) it is impracticable for Barista & Sons to seek the individual's consent before that particular use; and
(ii) the individual has not made a request to Barista & Sons not to receive direct marketing communications; and
(iii) in each direct marketing communication with the individual, Barista & Sons prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
(iv) each written direct marketing communication by Barista & Sons with the individual, sets out Barista & Son's business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which Barista & Sons can be directly contacted electronically; or
Barista & Sons has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; and
the use or disclosure is required or authorised by or under law
Barista & Sons must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.
4.1 Barista & Sons will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure.
4.2 Barista & Sons will take reasonable steps to destroy personal information if it is no longer needed for any purpose for which the information may be used.
5.1 Barista & Sons has a set of guidelines clearly expressing our policies on management of personal information. The document is available upon request.
5.2 On request by a person, Barista & Sons will take reasonable steps to let the person know, generally, what sort of personal information we hold, for what purposes, and how we collect, hold, use and disclose that information.
6.1 If Barista & Sons holds personal information about an individual, it must provide the individual with access to the information on request by the individual, except to the extent that:
(a) in the case of personal information other than health information � providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) providing access would have an unreasonable impact upon the privacy of other individuals; or
(c) the request for access is frivolous or vexatious; or
(d) the information relates to existing or anticipated legal proceedings between Barista & Sons and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(e) providing access would reveal the intentions of Barista & Sons in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(f) providing access would be unlawful; or
(g) denying access would be likely to prejudice an investigation of possible unlawful activity; or
(h) providing access would be likely to prejudice:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(i) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(ii) the protection of the public revenue; or
(iii) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(iv) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;
(v) by or on behalf of an enforcement body; or
(j) an enforcement body performing a lawful security function asks Barista & Sons not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia
6.2 however, where providing access would reveal evaluative information generated within Barista & Sons in connection with commercially sensitive decision-making process, Barista & Sons may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
6.3 If Barista & Sons is not required to provide the individual with access to the information because of one or more of the paragraphs 6.1 (a) to (k) (inclusive), Barista & Sons must, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
6.4 If Barista & Sons charges for providing access to personal information, those charges;
(a) must not be excessive; and
(b) must not apply to lodging a request for access
6.5 If Barista & Sons holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Barista & Sons must take reasonable steps to correct the information so that it is accurate, complete and up-to-date
6.6 If the individual and Barista & Sons disagree about whether the information is accurate, complete and up-to-date, and the individual asks Barista & Sons to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, Barista & Sons must take reasonable steps to do so
6.7 Barista & Sons must provide reasons for denial of access or a refusal to correct personal information.
7.1 Barista & Sons must not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:
(a) an agency; or
(b) an agent of an agency acting in its capacity as agent; or
(c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.
7.2 Barista & Sons must not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in subclause 7.1 unless:
(a) the use or disclosure is necessary for Barista & Sons to fulfil its obligations to the agency; or
(b) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.
Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with Barista & Sons.
Barista & Sons in Australia or an external Territory may transfer personal information about an individual to someone (other than the organisation or the individual) who is in a foreign country only if:
(a) Barista & Sons reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
(b) the individual consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the individual and Barista & Sons, or for the implementation of pre-contractual measures taken in response to the individual's request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Barista & Sons and a third party; or
(e) all of the following apply;
the transfer is for the benefit of the individual;
it is impracticable to obtain the consent of the individual to that transfer;
if it were practicable to obtain such consent the individual would be likely to give it; or
(f) Barista & Sons has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
Barista & Sons must not collect sensitive information about an individual unless;
(a) the individual has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
(i) is physically or legally incapable of giving consent to the collection; or
(ii) physically cannot communicate consent to the collection; or
the collection is necessary for the establishment, exercise or defence of a legal or equitable claim
Barista & Sons provides the www.baristaandsons.com.au site to its members. The term 'Barista' is defined as being a person that can operate an espresso machine, while 'Client' includes the owner of the coffee making equipment. Agencies and Recruitment companies are not permitted to register. The term 'Site Member/s' includes clients and baristas who register on the Site.
You must read these terms and conditions carefully before becoming a Site Member and use the services provided by the Barista & Sons website. Barista & Sons will from time to time update these terms and conditions so it is important that you revisit this page regularly. Your access to and use of this Site will be governed by these terms and conditions whether or not you choose to become a Site Member.
You must be a Site Member to use the services of the Site. You become a Site Member by accepting the Terms and Conditions, acknowledging the Privacy Statement and by registering online. Site Members must be aged 18 and over. Baristas must be legally able to work in Australia.
The Site has Public and Site Member Areas. Public areas are open to any Site visitors. The public area shows the home page, allow visitors to search for abbreviated profiles of the Baristas in their area. Only Site Members can access the Site Member Areas of the site. Site Member Areas of the site show Site Members profiles, excluding personal addresses but including phone numbers and email addresses. Site Member Areas of the site have Feedback sections. Clients who are Site Members can search for Baristas in their area and read the profiles that are listed. Clients can choose to contact Baristas directly via phone or email to introduce themselves, and Baristas can reply to the Clients.
Barista & Sons offers Clients the ability search for Baristas in their area online, while it offers Baristas the opportunity to find Barista work by receiving email or phone requests from Clients. By becoming a Site Member, you acknowledge that there is no employment, independent contractor or agency relationship between Barista and Sons & Baristas, and that the Site merely offers you the opportunity to make contact with clients and Baristas.
Barista & Sons provides detailed profiles of Baristas. The profiles allow Clients to select Baristas with specific credentials. Barista & Sons recommends that Site Members conduct interviews before scheduling a Barista to work to ensure that Clients choose the best Barista for them.
Barista & Sons does not undertake scheduling of barista appointments, complete police or other background checks or verify the Information of Site Members. Baristas and Clients should check the requirements provided by any relevant legislation in their State.
Clients and Baristas can join the Site by completing the registration online. Barista registration collects detailed information including name, email address, phone number, Barista qualifications and work preferences. Client registration collects information including Business Name and email address. All the information collected is stored securely, and by becoming a Site Member You acknowledge that your personal information may be displayed on this Site. You should make yourself familiar with our Privacy Policy.
We want to ensure that using the Site is the best experience possible for all Site Members. To that end, you are prohibited from any actions that may interfere with another's experience. These include, but are not limited to:
(a) Using our systems to send unsolicited messages (SPAM)
(b) Accessing data not intended for You
(c) Attempting to breach authentication or login to an account the You are unauthorised to access
(d) Disrupting service to the Site by interfering with the server or network by denial of service attack (DOS), spamming, or otherwise engage in conduct that causes a threatened or actual nuisance to Site Members.
(e) Forging information sent to the website or in an email, including TCP (Transmission Control Protocol) and IP (Internet Protocol) packet information.
If you become Site Member, you are participating in the site community. You must conduct yourself in a manner that is in the spirit of the community. You must not post, transmit, save, or distribute any Information or material that is:
(a) false, inaccurate or misleading
(b) fraudulent;
(c) infringes the privacy or intellectual or other proprietary rights of another;
(d) illegal;
(e) defamatory, libelous, threatening, or intimidating;
(f) obscene or contains child pornography;
(g) contains any viruses, Trojan horses, easter eggs, worms, time bombs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs (Internet Service Provider), Web hosting company, or other suppliers; or
(i) creates an unauthorised link to another website
Barista & Sons reserves the right to edit, refuse to post, or remove any Information or material it deems as inappropriate.
Clients and Baristas can join the Site free of charge. Client Members have the option of advertising their job vacancy (Job Post feature), by paying the Job Posting fee using our online payment system. Refunds are not permitted.
In using this Site, You accept that there are risks associated with dealing with people you have not met before and using the Information on this Site. Barista & Sons disclaims all responsibility for material and Information posted on this Site and all liability (including without limitation, liability in negligence) for all expenses, losses, harm, damages or costs You incur as a result of Your use of this Site.
In using this Site, You acknowledge that Barista & Sons makes no warranties or representation as to the quality, accuracy or completeness of the Information or the quality of the work provided by Baristas. You also acknowledge Barista & Sons does not have any control over or responsibility for the actions of Clients and makes no warranties as to their behavior.
Because Barista & Sons is not involved in actual transactions between Site Members, in the event that You have a dispute with another Site Member you will need to personally negotiate the resolution of that dispute. You also acknowledge that Barista & Sons is in no way responsible for the payment or refund of the Baristas' fees.
You release Barista & Sons (and its officers, directors, agents, affiliates, subsidiaries and employees) from claims, demands and damages (including actual, special, direct, indirect and consequential damages) arising directly or indirectly out of or in any way connected.
(a) Disputes with or acts or omissions (including negligence) of other Site Members
(b) Your reliance upon Information; or
(c) Your use of this Site generally.
Australian and International copyright and other intellectual property laws protect the content of this Site. You are authorised to copy or download material on this Site for Your personal use however you do so for commercial or public purposes.
The Barista & Sons logo and domain name are trademarks of Barista and Sons. No permission is given to reproduce the Barista & Sons concept or logo, and you may only create a link to this Site after first having gained Barista & Sons' express permission in writing.
This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at your own risk and Barista & Sons accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. Barista & Sons provides these links merely as a convenience and this does not imply an endorsement.
Your use of this Site will be governed by and construed pursuant to the laws of New South Wales, Australia and you agree to submit to the jurisdiction of that State. Any failure by Barista & Sons at any time to enforce any of the provisions of these terms and conditions or any of its rights will not be a waiver of such provisions, rights or elections or affect the validity of these terms and conditions.
If any clause or part of a clause of these terms and conditions is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed and of no force and effect but all other clauses and parts of clauses of these terms and conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms and conditions will be construed to be dependent upon any other clause or part of a clause unless so expressed.
Barista & Sons may terminate your Site Membership at any time during the Term in its absolute discretion by giving written notice of termination to you.