Terms and Conditions
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. BY SELECTING THE “REGISTER” CHECKBOX, YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU.
Welcome to eMalayali and our Platform at www.emalayali.com.au . These Terms of Use (the “Terms”) constitute a legal agreement between you and eMalayali a trading name of INFAUSSIES PTY LTD of Surry Hills NSW 2010, Australia with ABN: 57 658 667 899 governing the use of our Platform and our Services. You should print a copy of these Terms for future reference.
ACKNOWLEDGEMENT
eMalayali is not itself the organiser of the events offered. They are organised by the respective organiser, who is also the issuer of the tickets. Through the purchase of the ticket, contractual relationships with regard to attendance at the event come into being exclusively between the ticket holder (customer) and the respective organiser. The organiser’s own terms and conditions apply to these legal relationships.
1. TERMS OF USE
1.1. The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
1.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Platform on these Terms.
1.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
1.3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
1.3.2. you shall ensure that all Users of your Account abide by these Terms.
1.4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
1.5. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
1.6. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
1.7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
2. SERVICE FEES
2.1. All charges for the paid services (“Charges”) are posted on the platform. You agree to pay for paid services according to these Terms. Charges paid by you are non-refundable.
2.2. Any Fees due must be paid by their due date for payment, as notified to you through our platform or otherwise.
2.3. We will subtract Buyers a: a) 50 cents booking fee per ticket; and b) a service fee of 3% for PayPal and 2% for Stripe of the relevant ticket value.
2.4. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
2.5. All payments shall be made by using the payment methods specified by you at the time of booking. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
2.6. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
3. Your relationship with eMalayali
3.1. eMalayali does not offer the events and merely provides the technical and organisational infrastructure to ensure the proper conduct of transactions on the Platform.
3.2. eMalayali does not itself become a contracting party to the contracts concluded exclusively between the Users.
3.3. Users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, eMalayali does not guarantee:
3.3.1. the accuracy and completeness of the statements and declarations made in relation to the events offered,
3.3.2. the events offered as such; and
3.3.3. the conduct and performance of the relevant events and Event Organisers.
3.4. Users are required to comply with applicable laws when using the Platform and Service.
3.5. The content published on eMalayali by Event Organisers is generally not reviewed by eMalayali and does not represent the opinion of eMalayali.
3.6. eMalayali is not a mediator or arbitrator and does not offer dispute resolution services in relation to Events and Event Organisers.
4. CHANGES
4.1. Any changes to your booking are handled solely by the Event Organiser and are actioned at their discretion.
4.2. eMalayali cannot is not authorised to make these changes on event organizer`s behalf.
4.3. It is recommended that you contact the Event Organiser directly and as soon as possible to increase the likelihood of these changes being made. You will find a Contact details of the Event Organiser in the event details.
5. REFUNDS
5.1. Prices charged for our services are non-refundable. You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through our website, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
5.2. Any potential refunds relating to bookings are handled solely by the Event Organiser in accordance with their terms and conditions.
5.3. For queries relating to the event or the venue where the event is being held, please contact the Event Organiser.
6. UPLOADING CONTENT TO OUR PLATFORM
6.1. You irrevocably and unconditionally represent and warrant that any of your content including but not limited to listings uploaded to our Platform complies with our Privacy Policy, Acceptable Use Policy, Australia’s Privacy Act (“Privacy Act”) and any other applicable laws.
6.2. You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
6.2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
6.2.2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.
6.3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
6.4. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
6.5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
6.6. We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
7. ACCEPTABLE USE POLICY
7.1. You may use our Platform only for lawful purposes. You may not use our Platform:
7.1.1. in any way that breaches any applicable local or international laws or regulations;
7.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
7.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
7.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.2. You also agree:
7.2.1. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
7.2.2. not to access without authority, interfere with, damage or disrupt:
7.2.3. any part of our Platform;
7.2.4. any equipment or network on which our Platform is stored;
7.2.5. any software used in the provision of our Platform; or
7.2.6. any equipment or network or software owned or used by any third party.
7.3. Restrictions
7.3.1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
7.3.2. not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
7.3.3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
7.3.4. not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
7.3.5. to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
7.3.6. to comply with all applicable technology control or export laws and regulations; and
7.3.7. not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
8. CONTENT STANDARDS
8.1. These content standards apply to any and all information and material which you post or upload on our Platform (“Contributions”).
8.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
8.3. Contributions must:
8.3.1. comply with applicable law, in particular, the Privacy Act, and the laws of any country from which they are posted.
8.4. You shall be responsible for ensuring all Contributions are up-to-date, authentic, truthful and accurate. You shall be responsible for the origin of the Contributions and must ensure that you either have all ownership rights to the Contributions posted or all rights and/or consents or licenses allowing you to upload and post the Contributions to our Platform.
8.5. Contributions must not:
8.5.1. infringe any intellectual property right of any other person;
8.5.2. be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence or any duty arising under law;
8.5.3. contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;
8.5.4. be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;
8.5.5. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
8.5.6. give the impression that they emanate from us, if this is not the case; or
8.5.7. advocate, promote or assist any unlawful act or otherwise contain any material which is criminal in nature.
8.6. We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of our acceptable use policy.
8.7. Where you choose to terminate your account with us, you may delete all previous Contributions made by you and retain a copy of the same.
9. YOUR CONDUCT
9.1. You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. In addition, you agree not to:
9.1.1. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is known by you to be false, inaccurate, or misleading;
9.1.2. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
9.1.3. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way;
9.1.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the Platform;
9.1.5. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
9.1.6. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
9.1.7. upload, post, transmit, publish, display, or otherwise make available through the Platform any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
9.1.8. upload, post, transmit, publish, display, or otherwise make available through the Platform any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
9.1.9. take any action that interferes with the proper working of the Platform, compromises the security of the Platform, or otherwise damages the Platform or any materials or information available through the Platform;
9.1.10. attempt to gain unauthorised access to any portion or feature of the Platform, to any other systems or networks connected to the Platform, to any of our or our service providers’ servers, or to any of the services offered on or through the Platform, including but not limited to by hacking, password “mining”, or any other unauthorised means;
9.1.11. probe, scan, or test the vulnerability of the Platform or any network connected to the Platform or bypass the authentication measures on the Platform or any network connected to the Platform;
9.1.12. use any automated means to collect information or Content from or otherwise access the Platform, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
9.1.13. harvest or otherwise collect and store information about other users of the Platform, including e-mail addresses;
9.1.14. install any software, file, or code that is not authorised by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorisation of the user of the computer or device; or
9.1.15. interfere with or disrupt the operation of the Platform or server networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.
10. SUSPENSION AND TERMINATION
10.1. We will determine, in our discretion, whether there has been a breach of our acceptable use policy through your use of our Platform. When a breach of this policy has occurred, we may take such action as we deem appropriate.
10.2. Failure to comply with our acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
10.2.1. immediate temporary or permanent withdrawal of your right to use our Platform;
10.2.2. immediate temporary or permanent removal of any Contribution;
10.2.3. issuance of a warning to you;
10.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
10.2.5. further legal action against you; and/or
10.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.3. We exclude liability for actions taken in response to breaches of our acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
11.2. Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
11.3. You acknowledge that you have no right to have access to our Platform in source code form.
11.4. Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the Platform, you must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.5. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
11.6. You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a license to do so from us or our licensors.
11.7. If you print off, copy or download any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12. WARRANTIES
12.1. While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
12.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
13. LIMITATION OF LIABILITY
13.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, is at your sole risk.
13.2. We do not assist with dispute resolution between any you and any other user and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant user. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our Platform or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
13.3. You agree not to use the Services, our Platform and the Related Content for any illegal and illicit purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
13.3.1. loss of profits, sales, business, or revenue;
13.3.2. business interruption;
13.3.3. loss of anticipated savings;
13.3.4. loss or corruption of data or information;
13.3.5. loss of business opportunity, goodwill or reputation; or
13.3.6. any other indirect or consequential loss or damage.
13.4. Nothing in these Terms shall limit or exclude our liability for:
13.4.1. death or personal injury resulting from our negligence;
13.4.2. fraud; and/or
13.4.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
13.5. Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
13.6. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
14. INDEMNITY
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
15. YOUR PROVISION OF INFORMATION
When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.
16. EVENTS BEYOND REASONABLE CONTROL
eMalayali will be not held responsible for any delay or failure to perform or comply with our obligations under the these Terms when the delay or failure arises from any cause which is beyond eMalayali’ reasonable control.
17. PLATFORM MANAGEMENT
17.1. We reserve the right, but not the obligation, to:
17.1.1. monitor the Platform for violations of these Terms and Conditions;
17.1.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
17.1.3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
17.1.4. in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in sise or are in any way burdensome to our systems;
17.1.5. otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
18. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
18.1. eMalayali may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. eMalayali will post notice of modifications to these terms, or other policies referenced in these terms at the applicable URL for such policies.
18.2. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, you should discontinue Your use of our Platform.
18.3. No amendment to or modification of this Agreement will be binding unless
18.3.1. in writing and signed by a duly authorised representative of eMalayali,
18.3.2. You accept updated terms online, or
18.3.3. You continue to use the Service after eMalayali has posted updates to the Agreement or to any policy governing the Service.
19. CORRECTIONS
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
20. AVAILABILITY OF THE PLATFORM
20.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
20.2. eMalayali accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21. OTHER IMPORTANT TERMS
21.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
21.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
21.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
21.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 21.6. The event organizer may not be held liable for any injuries or accidents that occur during all stage performances and playtime throughout the event.
21.7. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
21.8. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Australia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
Privacy Policy
We welcome you to www.emalayali.com.au and thank you for your interest in this Privacy Policy. eMalayali (“we” or “us”) is committed to protecting and respecting your privacy and the protection of your Personal Information.
This policy together with our Cookie Policy sets out the basis on which any Personal Information (as defined in Australia’s Privacy Act (“Privacy Act”)) we collect from account holders, users, or visitors to our Platform, or that is uploaded to our Platform, will be processed by us.
Account holders, users and visitors of our Platform or owners of Personal Information collected by us (each, “you”) should read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it.
By providing any Personal Information to us, you consent to the collection, use, disclosure, and transfer of such Personal Information in the manner and for the purposes set out below.
What are the relevant legal bases for processing your data?
In accordance with the Privacy Act processing your data is only allowed when we have a sufficient legal basis to do so and unless the legal basis is not specifically mentioned, the following applies:
The Australian Privacy Principles
The Privacy Act requires adherence to the following Australian Privacy Principles:
Rights
With regard to your Personal Information, you have the following rights:
If you wish to assert one of the above rights, you can contact us using info@emalayali.com.au at any time.
Information we may collect
We may collect and process the following data which may contain Personal Information:
IP Addresses
We may also collect and process information about your device, including where available your IP address, operating system, and browser type, for system administration and to report aggregate information to our business partners. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.
Hosting
To provide our Platform, we use a web hosting service, who process the data mentioned below and all other data that is processed in connection with the operation of our website on our behalf in Singapore. Our Platform is hosted using the services of Hostinger International, Ltd.
Cookies
Please refer to our Cookie Policy for more information on how we use cookies.
Collection of access data and log files
We, or rather Hostinger on our behalf, collect data on every access to our website on the basis of our legitimate interest. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider. Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of 7 days and then deleted.
Financial Information
To make a purchase, you may need to provide a valid payment method (e.g., credit card). Your payment information will be collected and processed by our authorised payment vendors PayPal and Stripe. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchases through a third-party platform, the payment method stored with the third-party platform will be charged.
Data storage, Security and Breach Notification
We only store Personal Information for as long as it is necessary for the purposes for which it is processed or for as long as any consent you have given us has been revoked by you. Insofar as statutory retention obligations must be observed, the storage period for certain data may be up to 10 years, irrespective of the processing purposes.
All information you provide to us is stored on our secure servers and we use State-of-the-art internet technologies to ensure the security of your data. In addition, technical and organisational security measures are used to protect the Personal Information you have provided against accidental or intentional manipulation, loss, destruction, or access by unauthorised persons.
Nonetheless, databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Information may have been compromised, and the notice will be accompanied by a description of the action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
Uses made of the information
We use information held, including Personal Information, in the following manner:
Disclosure of your information
We may disclose your Personal Information to third parties:
We may also disclose your Personal Information to a governmental or regulatory body, law enforcement, or other authorities, in order to enforce our terms of use for the Platform, to cooperate with any direction, request or order from such parties or to report any suspected unlawful activity.
Consent
By providing your Personal Information to us, you consent to the collection, use and disclosure of your Data by us for the purposes set out in this privacy policy.
Where any Personal Information relates to a third party, you represent and warrant that the Personal Information is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Information for the Purposes. You agree that you shall promptly provide us with written evidence of such consent upon demand by us.
Each use of our services by you shall constitute a fresh agreement for us to collect, use and disclose the Personal Information in accordance with this privacy policy.
You may withdraw your consent and request us to stop using and/or disclosing your Personal Information for any or all of the Purposes by submitting your request to us in writing to info@emalayali.com.au. Should you withdraw your consent to the collection, use or disclosure of your Personal Information, it may impact our ability to proceed with your transactions, agreements, or interactions with us. Prior to you exercising your choice to withdraw your consent, we will inform you of the consequences of the withdrawal of your consent. Please note that your withdrawal of consent will not prevent us from exercising our legal rights (including any remedies) or undertaking any steps as we may be entitled to at law.
Accuracy
We endeavour to ensure that all decisions involving your Personal Information are based upon accurate and timely information. However, we rely on you to disclose all relevant information to us and to inform us of any changes in your Personal Information. As such, please disclose all relevant information necessary for us to provide services to you and ensure all information submitted to us is up-to-date, complete, and accurate. Kindly inform us promptly if there are any changes in your Personal Information.
Third-Party Policies
Our Platform may, from time to time, contain links to and from the websites of our partner networks, business partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Data to these websites.
Data Intermediary
Where we process your Personal Information as a data intermediary on behalf of a third party, we will process your Personal Information in accordance with the instructions of the third party and shall use it only for the purposes agreed between you and the third party. All such Personal Information will be protected and retained in accordance with this privacy policy and the terms of the Privacy Act. We will take steps to inform the third party of any requests, complaints or questions that you may have regarding such Personal Information.
Online presence in social media
We maintain an online presence within social media currently on the basis of our legitimate interests as, in order to be able to communicate with our customers, interested parties, and users active there and to inform them about our services. We process the data of users if they communicate with us within the social networks and platforms, e.g., write posts on my online presence or send us messages.
Direct marketing
From time to time, we may use the Personal Information we collect from you to identify particular listings which we believe may be of interest to you.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving marketing communication based on your interactions or contractual relationship with us.
Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe or opt-out.
Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (‘DNT’) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
Do Not Sell
We do not sell data to third parties. However, we might, making available, transfer, and communicate electronically, the consumer’s personally identifiable information by the business to a business affiliated inclusive with a third party but not for monetary but for other valuable considerations.
Personally identifiable information and children
Our services are aimed at people aged 18 and over. We will not knowingly collect, use or disclose Personally identifiable information from minors under the age of 18 without first obtaining consent from a legal guardian through direct offline contact.
Changes
Any changes we may make to our privacy policy in the future will be posted on our Platform and, where appropriate, notified to you by e-mail.
Concerns and Contact
If you have any questions or comments about our Privacy Policy or wish to exercise your rights under applicable laws or withdraw your consent, please contact us using the following contact details:
eMalayali a trading name of INFAUSSIES PTY LTD
Surry Hills NSW 2010, Australia
ABN: 57 658 667 899
Web: www.emalayali.com.au
E-Mail: info@emalayali.com.au
Phone: 0475 829 019
This Privacy Policy was last updated on Tuesday, 20 December 2022
Credit Card
We value the security of your Personal Information. Whenever you pay with your card on www.events.emalayali.com.au we ask you to read and acknowledge the following.
We use PayPal and Stripe.
This means that if you choose PayPal or Stripe as your payment method, your payment will be processed through PayPal or Stripe. In this process, data necessary for the payment process will be forwarded to PayPal or Stripe and stored. In this notice we give you an overview of this data processing and storage by Stripe and explain why we use PayPal and Stripe on our website.
What is Stripe?
The technology company Stripe provides payment solutions for online payments. With Stripe it is possible to accept credit and debit card payments in our web shop. Stripe takes care of the entire payment process. A big advantage of Stripe is, for example, that you never have to leave our website or shop during the payment process and the payment processing is very fast.
What data is stored by Stripe?
If you choose Stripe as your payment method, personal data will also be transmitted from you to Stripe and stored there. This is transaction data. This data includes the payment method (i.e. credit card, debit card or account number), bank code, currency, amount and date of payment. In the case of a transaction, your name, e-mail address, billing or shipping address and sometimes your transaction history may also be transmitted. This data is necessary for authentication. Stripe may also collect your name, address, phone number and country in addition to technical data about your device (such as IP address) for fraud prevention, financial reporting and to fully provide its services.
Stripe does not sell any of your data to independent third parties, such as marketing agencies or other companies that have nothing to do with the Stripe company. However, the data may be shared with internal departments, a limited number of external Stripe partners or for regulatory compliance purposes.
PayPal
PayPal is amongst the most know Payment Processors online. In the context of processing Payment through PayPal, we pass on the following data insofar as it is necessary for the fulfilment of the order. First name, Last name, Address, E-mail address,
PayPal carries out a credit check for various services such as payment by direct debit in order to ensure your willingness and ability to pay. For this purpose, your data (name, address and date of birth, bank account details) are passed on to credit agencies. We have no influence on this process and only receive the result of whether the payment has been made or rejected or a check is pending.
PayPal does not sell any of your data to independent third parties, such as marketing agencies or other companies that have nothing to do with PayPal. However, the data may be shared with internal departments, a limited number of external partners or for regulatory compliance purposes.
If you have any further questions, please contact us, or refer to PayPal’s Privacy Policy or the Privacy Policy of Stripe
Cookie Policy
In this Cookie Policy we, eMalayali, explain what cookies are, why we use them and how you can manage cookies that are placed on your device.
Please read this Policy along with our Privacy Policy which provides additional details about how we use Personal Data and your various rights. This Policy sits in line with Australia’s Privacy Act (“Privacy Act”).
What are cookies?
Cookies are small files that are stored by most Internet browsers to obtain information about visitors so that we can make the web experience more appealing to you. During your visit to our platform, we use four types of cookies.
How do we use them?
We use cookies to:
Some of the cookies used on our platforms are set by us, others are set by third parties on our behalf.
What types of cookies do we use?
The Cookies we use
According to the PECR, PDA and PECD, GDPR, the use of functional, analysis and performance or advertising cookies require your consent and thus the legal basis for the use of personal data in relation to cookies, the use of cookies would then be your consent as well as our legitimate interest.
Below you can find more information on what third party services we use as well as their cookies. Please keep in mind that this may be updated from time to time.
Google Analytics
We use Google Analytics, a web analytics service provided by Google LLC, on our platform. Google Analytics also uses cookies to enable our platform to analyse how users use our platform across multiple devices. The information generated by the cookies about your use of our platform is transmitted to and stored by Google, including transmission to the United States. The following data is processed through the use of Google Analytics:
Google states that it will not associate your IP address with any other data held by Google.
You can disable tracking by Google Analytics with future effect by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser following this link http://tools.google.com/dlpage/gaoptout?hl=en. The legal basis is our legitimate interest and your consent.
How can I manage cookies?
Each type of cookie serves a specific purpose; when you first visit our platform you will be asked about the use of cookies, and you can easily agree or decline. Accepting all cookies allows you to fully personalise your web experience. You can choose which types of cookies to accept or block, but this may affect your experience with our platform and the services we offer. Nevertheless, you will be able to use the Service even if you refuse to consent to some cookies, except for those that are strictly necessary.
If you are not interested in the benefits that our cookies offer, you can find instructions on how to refuse cookies and delete existing cookies through the “Help” function of your browser. Google Chrome, Mozilla Firefox, Flash cookies, Microsoft Internet Explorer/ Edge, Opera, Safari. You will also learn how to block all new cookies in your browser and what configuration steps are required to receive notification of new cookies.
Very helpful information about cookies in general can be found on these websites: www.allaboutcookies.org or www.cookiepedia.co.uk.
Contact
If you have any questions, comments, or concerns about this Policy or about exercising your privacy rights with respect to personal information as permitted by applicable law, please contact us.
eMalayali a trading name of INFAUSSIES PTY LTD
Surry Hills NSW 2010, Australia
ABN: 57 658 667 899
Web: www.emalayali.com.au
E-Mail: info@emalayali.com.au
Phone: 0475 829 019
This Cookie Policy was last updated on Tuesday, 20 December 2022