Legal Documents

Standard Terms and Conditions

AGreen3 Standard Terms and Conditions for Advertising

 

These standard terms and conditions (the “Terms and Conditions”) are entered into between AGreen3 and the Advertiser referenced on the corresponding Advertiser Application. These Terms and Conditions shall be deemed incorporated by reference into any corresponding Advertiser Application. The Terms and Conditions and the Advertiser Application shall be collectively known as the “Agreement.”

  1. Term. The term of these Terms and Conditions commences on the Date set forth in the Advertiser Application and continues in force and effect until terminated pursuant to section 7.
  2. Terms of Payment. Payment for advertising with AGreen3 will be completely waived on condition the Advertiser provides an Offer (in the form of discounts, free gift, voucher, free shipping, etc.) that is exclusive to our User (the “Person responding to the advertisement”) only and honouring the Offer on each and every occasion. In the event of breach of this condition, AGreen3 will invoice Advertiser monthly. The Advertiser must remit payments to AGreen3 upon receipt of the invoice. Delinquent payments shall bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from original invoice due date until paid in full. In the event of any failure by Advertiser to make payment,

Advertiser will be responsible for all reasonable expenses (including attorneys’ fees) incurred by AGreen3 in collecting such amounts. All payments due are in AUD dollars and are exclusive of any applicable taxes, which applicable taxes shall be the responsibility of Advertiser.

  1. Provision of Advertising Materials. Unless otherwise agreed, Advertiser will provide all advertising materials to AGreen3 via info@agreen3.com or such other address as AGreen3 may specify from time to time. All changes to an advertisement must be made in writing to info@agreen3.com. Advertiser hereby grants to AGreen3 a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully paid license to use, perform, reproduce, modify, adapt, publish, translate, create derivative works from, display, transmit and distribute the advertisement and all contents therein throughout the world in any media in accordance with this Agreement. You represent and warrant that you own or otherwise control all of the rights to the content that you supply; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Agreen3 for all claims resulting from content you supply. Agreen3 has the right but not the obligation to monitor and edit or remove any activity or content. Agreen3 takes no responsibility and assumes no liability for any content supplied by you or any third party. You covenant not to bring any claim against Agreen3 related to any content you supply or material you submit.
  2. Right to Reject Advertisement. All advertisements are subject to AGreen3’s approval. AGreen3 reserves the right to reject any advertisement, or URL link, at any time, for any reason whatsoever (including, but not limited to, belief by AGreen3 that any placement thereof may subject AGreen3 to criminal or civil liability). In such a case, AGreen3 will provide Advertiser a written explanation of its decision and the basis therefore. Notwithstanding the foregoing, AGreen3 will not cancel placement of an advertisement, or URL link due to inventory demand from other advertisers. Advertiser remains ultimately responsible for the selection, content, and display of any advertisements and URL link.
  3. Positioning. Positioning of advertisements on the AGreen3 website or on any page therein is at AGreen3’s sole discretion.
  4. Frequency of Impressions. AGreen3 makes no guarantee regarding the levels of impressions for any advertisement. An “impression” means each occurrence of a display of an advertisement.
  5. Termination. Subject to Paragraph 4 above, AGreen3 shall have the right to terminate any Insertion Order (and this Agreement), with or without cause, at any time.
  6. Effect of Termination. In the event of any termination, Advertiser shall remain liable for any amount due for advertisements delivered by AGreen3 and such obligation to pay shall survive any termination of this Agreement, subject to the waiver condition in Paragraph 2 above. Upon termination for any reason, at the request of the disclosing party, the receiving party shall return all of the disclosing party’s Confidential Information to the disclosing party. Sections 2, 8, and 10-14 shall survive any termination of this Agreement.
  7. No Assignment or Resale of Advertisement Space. Advertiser may not resell, assign, or transfer any of its rights hereunder. Any attempt by Advertiser to resell, assign, or transfer such rights shall result in immediate and automatic termination of this Agreement, without liability to AGreen3.
  8. No Warranty. AGREEN3 MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

AGREEN3 DOES NOT WARRANT THAT AGREEN3’S DELIVERY OF SERVICES OR

ADVERTISEMENTS HEREUNDER WILL BE ERROR-FREE, UNINTERRUPTED OR CONTINUOUS.

  1. 11. Limitations of Liability. In no event shall AGreen3 be liable for any act or omission, or any event directly or indirectly resulting from any act or omission, of Agency or any third parties (if any). IN NO EVENT SHALL AGREEN3 BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF BUSINESS, OR

PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF AGREEN3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AGREEN3’S AGGREGATE LIABILITY UNDER THIS

AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY AGREEN3 FROM ADVERTISER FOR THE ADVERTISEMENT GIVING RISE TO THE CLAIM, AND IS SUBJECT TO THE WAIVER CONDITION IN PARAGRAPH 2 ABOVE. Without limiting the foregoing, AGreen3 shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, terrorism, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, Internet failures or communications lines failures or any other condition affecting production or delivery of the advertisements in any manner beyond the control of AGreen3. Advertiser acknowledges that AGreen3 has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.

  1. 12. Advertiser’s Representations; Indemnification. Advertiser represents and warrants to AGreen3 and third parties (if any), (a) that Advertiser holds all necessary rights to permit the use of the advertisement by AGreen3 for the purpose of this Agreement; and (b) that the use, reproduction, distribution, transmission or display of advertisement, any data regarding users, and any material to which users can link, or any products or services made available to users, through the advertisement will not (i) violate any criminal laws or any rights of any third parties; (ii) contain any material that is unlawful or otherwise objectionable, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Advertiser agrees to defend AGreen3 and third parties (if any) from and against any third party claim (including damage awards, settlement amounts, and reasonable legal fees and expenses incurred by Advertiser in such defense), arising out of or related to (1) breach of any of the foregoing representations and warranties, (2) any third party claim arising from the content or targeting of an advertisements provided by Advertiser, or any material to which users can link, or any products or services made available to users, through the advertisement under this Agreement.
  2. 13. Confidentiality. Advertiser shall make no public announcement regarding the existence or content of the Advertisement without AGreen3’s prior written approval, which approval shall not be unreasonably withheld. Furthermore, during the term of this Agreement, and for a period of two years following any Advertisement End Date, neither party will use or disclose any Confidential Information of the other party except as specifically contemplated herein. “Confidential Information” shall mean (1) advertisements, prior to publication, (2) any AGreen3 statistics that AGreen3 deems to be Confidential Information, and (3) any information designated in writing, or identified orally at time of disclosure, by the disclosing party as “confidential” or “proprietary.” The foregoing restriction does not apply to information that: (1) has been independently developed by the receiving party without access to the other party’s Confidential

Information; (2) has become publicly known through no breach of this Section 12 by the receiving party; (3) has been rightfully received from a third party authorized to make such disclosure; (4) has been approved for release in writing by the disclosing party; or (5) is required to be disclosed by a competent legal or governmental authority.

  1. Miscellaneous. This Agreement: (1) shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to principles of conflicts of law; and (2) will not be governed by the United Nations Convention of Contracts for the International Sale of Goods. This constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and prior oral or written agreements. All additions or modifications to this Agreement must be made in writing and must be signed by all Parties. Any dispute hereunder will be negotiated in good faith between the parties within thirty (30) days upon receiving written notice from one party to the other, provided however that this obligation does not eliminate any other remedies available to the parties. Any notices under this Agreement shall be sent to the addresses set forth in the Insertion Order (or in a separate writing) by facsimile or nationally-recognized express delivery service and shall be deemed given upon receipt. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

 

Conditions of Use

Welcome to Agreen3.com. Agreen3, Inc. and/or its affiliates (“Agreen3”) provide website features and other products and services to you when you visit at Agreen3.com, use Agreen3 products or services, use Agreen3 applications for mobile, or use software provided by Agreen3 in connection with any of the foregoing (collectively, “Agreen3 Services”). Agreen3 provides the Agreen3 Services subject to the following conditions.

 

By using Agreen3 Services, you agree to these conditions. Please read them carefully.

 

We offer a wide range of Agreen3 Services, and sometimes additional terms may apply. When you use an Agreen3 Service you also will be subject to the guidelines, terms and agreements applicable to that Agreen3 Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

PRIVACY

 

Please review our Privacy Notice, which also governs your use of Agreen3 Services, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

 

When you use any Agreen3 Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically and to us retaining and using your personal information to do so. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through other Agreen3 Services, such as our Message Center. You agree that all agreements, notices, messages, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

 

All content included in or made available through any Agreen3 Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Agreen3 or its content suppliers and protected by copyright laws. The compilation of all content included in or made available through any Agreen3 Service is the exclusive property of Agreen3 and protected by copyright laws.

 

TRADEMARKS

 

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Agreen3 Service are trademarks or trade dress of Agreen3. Agreen3’s trademarks and trade dress may not be used in connection with any product or service that is not Agreen3’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Agreen3. All other trademarks not owned by Agreen3 that appear in any Agreen3 Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Agreen3.

 

PATENTS

 

One or more patents owned by Agreen3 apply to the Agreen3 Services and to the features and services accessible via the Agreen3 Services. Portions of the Agreen3 Services operate under license of one or more patents.

 

 

LICENSE AND ACCESS

 

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Agreen3 or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Agreen3 Services. This license does not include any resale or commercial use of any Agreen3 Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Agreen3 Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Agreen3 or its licensors, suppliers, publishers, rightsholders, or other content providers. No Agreen3 Service, nor any part of any Agreen3 Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Agreen3. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Agreen3 without express written consent. You may not use any meta tags or any other “hidden text” utilizing Agreen3’s name or trademarks without the express written consent of Agreen3. You may not misuse the Agreen3 Services. You may use the Agreen3 Services only as permitted by law. The licenses granted by Agreen3 terminate if you do not comply with these Conditions of Use or any Service Terms.

 

YOUR ACCOUNT

 

If you use any Agreen3 Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Agreen3 does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Agreen3 Services only with involvement of a parent or guardian. Agreen3 reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Agreen3 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant Agreen3 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Agreen3 and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Agreen3 for all claims resulting from content you supply. Agreen3 has the right but not the obligation to monitor and edit or remove any activity or content. Agreen3 takes no responsibility and assumes no liability for any content posted by you or any third party. You covenant not to bring any claim against Agreen3 related to any content you post or material you submit.

 

 

 

 

COPYRIGHT COMPLAINTS

 

Agreen3 respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

 

OFFER DESCRIPTIONS

 

Agreen3 attempts to be as accurate as possible. However, Agreen3 does not warrant that offer descriptions or other content of any Agreen3 Service is accurate, complete, reliable, current, or error-free. If an offer is not as described, your sole remedy is to inform us through our contact form.

 

AGREEN3 SOFTWARE TERMS

 

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Agreen3 Services (the “Agreen3 Software”).

 

OTHER BUSINESSES

 

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Agreen3 does not assume any responsibility or liability for the actions, offers, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE AGREEN3 SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, OFFERS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AGREEN3 SERVICES ARE PROVIDED BY AGREEN3 ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AGREEN3 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AGREEN3 SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OFFERS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AGREEN3 SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AGREEN3 SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AGREEN3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AGREEN3 DOES NOT WARRANT THAT THE AGREEN3 SERVICES, INFORMATION, CONTENT, MATERIALS, OFFERS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AGREEN3 SERVICES, AGREEN3’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AGREEN3 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AGREEN3 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AGREEN3 SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OFFERS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AGREEN3 SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS ABOVE WILL APPLY TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

DESPITE THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, BY STATUTE OR OTHERWISE) IS LIMITED TO FIFTY AUSTRALIAN DOLLARS (AUD50).

 

 

APPLICABLE LAW

 

These Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.

The Site may be accessed throughout Australia and overseas. Agreen3 makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

 

POLICIES, MODIFICATION, AND SEVERABILITY

 

Please review our other policies posted on this site. These policies also govern your use of Agreen3 Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time and your continued use of the Agreen3 Services will evidence your acceptance of those changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Agreen3 Privacy Notice

 

Agreen3.com knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting Agreen3.com, you are accepting the practices described in this Privacy Notice.

 

What Personal Information About Users Does Agreen3.com Gather?

What About Cookies?

Does Agreen3.com Share the Information It Receives?

How Secure Is Information About Me?

What About Third-Party Advertisers and Links to Other Websites?

Which Information Can I Access?

What Choices Do I Have?

Are Children Allowed to Use Agreen3.com?

Conditions of Use, Notices, and Revisions

Examples of Information Collected

 

What Personal Information About Users Does Agreen3.com Gather?

The information we learn from customers helps us personalize and continually improve your Agreen3 experience. Here are the types of information we gather.

 

Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future offers and experiences for you, improving our services, and communicating with you.

Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses Agreen3.com or advertisements and other content served by or on behalf of Agreen3.com on other Web sites.

Mobile: When you download or use apps created by Agreen3 or our subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.

E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Agreen3.com if your computer supports such capabilities. We also compare our user list to lists received from other companies, in an effort to avoid sending unnecessary messages to our users. If you do not want to receive e-mail or other mail from us, please adjust your User Communication Preferences.

Information from Other Sources: We might receive information about you from other sources and add it to our account information.

 

What About Cookies?

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as 1-Click Offer Access, Recommended for You , personalized advertisements on Agreen3.com.

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of Agreen3.com’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to access offers, download promo codes, or use any Agreen3.com products and services that require you to Sign in.

 

Does Agreen3.com Share the Information It Receives?

Information about our users is an important part of our business, and we are not in the business of selling it to others. We share user information only as described below and with subsidiaries Agreen3.com, Inc. controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

 

Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. These businesses provide offers at Agreen3.com. We share user information related to those offers with the respective third party.

Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, removing repetitive information from user lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Promotional Offers: Sometimes we send offers to selected groups of Agreen3.com customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your Customer Communication Preferences.

Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the unlikely event that Agreen3.com, Inc., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Protection of Agreen3.com and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Agreen3.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from users for commercial purposes in violation of the commitments set forth in this Privacy Notice.

With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

 

How Secure Is Information About Me?

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

 

What About Third-Party Advertisers and Links to Other Websites?

Our site includes third-party advertising and links to other Web sites. For more information about third-party advertising at Agreen3.com, including personalized or interest-based ads, our Interest-Based Ads policy are as follows:

 

On both Agreen3-owned and operated sites and unaffiliated sites, Agreen3 displays interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities on our sites, visiting sites that contain Agreen3 content or ads, interacting with Agreen3 tools. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (a coalition of marketing, online advertising, and consumer advocacy organizations).

 

Like other online ad networks, we use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly. We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.

 

We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards (for example, users in New South Wales browsed for Fashion). Also, some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.

 

Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on our sites directly to your browser. They automatically receive your IP address when this happens. They may also use cookies to measure the effectiveness of their ads and to personalize ad content. We do not have access to or control over cookies or other features that advertisers and third party sites may use, and the information practices of these advertisers and third party websites are not covered by our Privacy Notice or this Interest-Based Ads page. Please contact them directly for more information about their privacy practices.

Agreen3 offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from Agreen3. You will still see ads but they will not be personalized. Please visit your Advertising Preferences to learn how to set this preference.

 

You can also generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website.

 

 

Which Information Can I Access?

Agreen3.com gives you access to a broad range of information about your account and your interactions with Agreen3.com for the limited purpose of viewing and, in certain cases, updating that information.

 

What Choices Do I Have?

As discussed above, you can always choose not to provide information, even though it might be needed to access an offer or to take advantage of such Agreen3.com features as Your Profile, Wish Lists, User Review.

You can add or update certain information on pages such as those referenced in the Which Information Can I Access? section. When you update information, we usually keep a copy of the prior version for our records.

If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences. (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of Agreen3.com, and it is your responsibility to review them for changes.)

If you do not want us to use personal information that we gather to allow third parties to personalize advertisements we display to you, please adjust your Advertising Preferences.

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of Agreen3.com’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to access offers, or use any Agreen3.com products and services that require you to Sign in.

 

 

Are Children Allowed to Use Agreen3.com?

Agreen3.com does not provide offers for access by children. We provide offers on children’s products or services for access by adults. If you are under 18, you may use Agreen3.com only with the involvement of a parent or guardian.

 

Conditions of Use, Notices, and Revisions

If you choose to visit Agreen3.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Victoria. If you have any concern about privacy at Agreen3.com, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of user information collected in the past without the consent of affected users.

 

Examples of Information Collected

Information You Give Us

 

You provide most such information when you search, access offers, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for an offer; access an offer through Agreen3.com; provide information in Your Account (and you might have more than one if you have used more than one e-mail address when dealing with us) or Your Profile ; communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; use our services; participate in Discussion Boards or other community features; provide and rate Reviews; and employ Offer Availability Alerts, such as New Available Offer Notifications. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; people (with addresses and phone numbers) listed in 1-Click Offer Access settings; e-mail addresses of your friends and other people; content of reviews and e-mails to us; personal description and photograph in Your Profile; and financial information, including driver’s license numbers.

 

Automatic Information

 

Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; offer access history, which we sometimes aggregate with similar information from other users to create features like Top Offers; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; offers you viewed or searched for; and the phone number you used to call our 1300 number. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

 

Mobile

 

Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.

 

Information You Can Access

 

Examples of information you can access easily at Agreen3.com include up-to-date information regarding recent offers accessed; personally identifiable information (including name, e-mail, password, communications and personalized advertising preferences, address book, and 1-Click settings); e-mail notification settings (including New Offer Availability Alerts, and newsletters); Recommendations (including Recommended for You and Improve Your Recommendations); shop for offer lists and gift registries (including Wish Lists and Baby and Wedding Registries); Advertiser accounts; and Your Profile (including your Offer Reviews, Recommendations, Offermania lists, Reminders, personal profile, and Wish List).