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Pelicanstore
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Cart0
  • Cases
    • Bow Case
    • Case Accessory Kits
    • Chainsaw Cases
    • Drone Cases
    • EZ-Click MOLLE Panels
    • Go Cases
    • Hardback Laptop Cases
    • Hybrid Cases
    • Micro Cases
    • Pelican Air Cases
    • Pelican Cargo Cases
    • Pelican Protector Cases
    • Pelican Storm Cases
    • Personal Utility Cases
    • Photography Cases
    • Race Case
    • Ruck Cases
    • Spacecase
  • Clearance
  • Coolers
    • Pelican Elite Coolers
    • Soft Coolers
  • Gift Vouchers
  • Lights
    • Hand-held Torches
    • Headlamps
    • Remote Area Lights
    • Safety Lights
    • Spot to Flood Lights
    • Torch Accessories
  • Luggage
    • Duffel Bags
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  • Home
  • Terms and Conditions

Terms and Conditions

Terms and Conditions

Last revised January, 2017

These Terms of Use (the “Terms of Use”) apply to the Pelican Products, Inc. website located at Pelicanstore.com.au, and to other Pelican websites which link to these Terms of Use, e.g., www.pelicanprogear.ca and www.pelicanprogear.com.au (collectively, the “Site”). The Site is the property of Pelican Products, Inc., its subsidiaries and affiliates (collectively, Pelican) and its licensors. Pelican reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pelican or others.
Please reference our Privacy Policy for a description of our practices with respect to the collection, use and sharing of personal information.

Website Content and Ownership of the Site
The Site, and all text, files (including CAD files), graphics, photographs, trademarks, logos and other content (collectively, “Content”) contained on the Site is owned, controlled or licensed by or to Pelican, and is protected by United States and international trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by Pelican. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Pelican without our express written consent.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any way for publication or distribution or for any commercial enterprise, without Pelican’s express prior written consent.
You may use information on Pelican’s products (such as specification sheets and similar materials) and other materials made available by Pelican for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to any Pelican products.

Typographical Errors and Incorrect Pricing

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a gift card or PayPal account which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

Quantity Limits and Dealer Sales

Pelican reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Pelican and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Pelican also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Pelican for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Online Payments

You can purchase products on the Site via PayPal (including credit and debit cards via PayPal), Standard PayPal terms and conditions apply. If a credit card account is being used for a transaction, Pelican may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Site Access, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Pelican will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Pelican. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Pelican at any time with or without cause. You agree to defend, indemnify and hold Pelican harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Pelican arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

Other Terms and Conditions
Additional terms and conditions stated on our website may apply to purchases of goods and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Trademark Information
Patent Information
Pelican’s Idea Submission Policy
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

User Reviews and Other Submissions

Our Site provides you with the ability to submit reviews regarding our products. If you submit, upload or post any reviews, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Pelican that you have the legal right and authorization to provide all User Generated Content to Pelican for the purposes and Pelican’s use as set forth herein.

Pelican shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner and for whatever purposes Pelican desires, including without limitation for marketing and advertising purposes. Pelican shall have the right to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world, including on Site, third-party social media and advertising sites such as Facebook, Twitter, etc., print and broadcast media, and other forms of publication. Pelican is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

Pelican does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Pelican the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Pelican and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify and hold Pelican harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Pelican arising out of any User Generated Content you post or allow to be posted to the Site.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Pelican respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Pelican’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Legal Counsel
Pelican Products, Inc.
23215 Early Avenue
Torrance, California 90505
or
jromano@pelican.com
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Pelican will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Pelican on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Accuracy and Integrity of Information
Although Pelican attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Pelican so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Pelican shall have no responsibility or liability for information or Content posted to the Site from any non-Pelican affiliated third party. Additionally, we have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Pelican’s control, and Pelican is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

WARRANTY DISCLAIMERS
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS. PELICAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY PELICAN ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS.

LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL PELICAN BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF PELICAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

Export Restrictions; Indemnity
The manufacture, shipment, and delivery of all Products are subject to any prohibition, restriction, priority, allocation, regulation or condition imposed by, or on behalf of, the United States. You agree that you shall comply with all applicable import, export, and anti-corruption statutes and regulations of the United States. You agree to indemnify and hold us harmless from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control laws and regulations.

Submission To Jurisdiction & Venue; Governing Law; Limitation Of Action
Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms of Use shall be brought against either of the parties in the state or federal courts located in California, and each of the Parties consents to the jurisdiction of such courts in any such action or proceeding and waives any objection to venue, including any defense of inconvenient forum. A final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or at equity.
These Terms of Use shall be governed by the laws of California without giving effect to any choice or conflict of law principle, provision or rule, whether of California or any other jurisdiction that would cause the application of the laws of any jurisdiction other than California. The United Nations Convention on the International Sale of Goods shall not apply to these Terms of Use.
Any and all claims arising out of or related to these Terms of Use, or any agreement related to these Terms of Use or executed concurrently with this Agreement, or the relationship of the parties shall be barred unless commenced within one (1) year from the date the complaining party knew or should have known of the facts giving rise to such claim, or the statute of limitations applicable to that claim under California law, whichever is shorter.

Patent Information
Pelican Products, Inc. owns numerous patents and pending patent applications throughout the world. Various designs and products of Pelican Products, Inc., its affiliates and its subsidiaries may be protected by one or more patents or covered by one or more pending patent applications.A list of some of our patents and patent applications may be accessed here.

Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Pelican with regard to your use of the Site. Pelican’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Pelican of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Pelican and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Guidelines for Using Pelican’s Trademarks
These guidelines are for authorized dealers wishing to use Pelican’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, unless Pelican has provided you with other written trademark usage guidelines. Use of Pelican trademarks are prohibited, unless expressly authorized in writing by Pelican.
Pelican’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help Pelican protect its valuable trademark rights and strengthen its corporate and brand identities. By using a Pelican trademark, in whole or in part, you are acknowledging that Pelican is the sole owner of the trademark and promising that you will not interfere with Pelican’s rights in the trademark, including challenging Pelican’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Pelican trademark. The goodwill derived from using any part of a Pelican trademark exclusively inures to the benefit of and belongs to Pelican. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.

Authorized Use of Pelican Marks
When using any Pelican trademark with printed or electronic content and materials, a trademark attribution notice must be included in the credit section giving notice of Pelican’s ownership of its trademark(s). Please refer to the sections below titled “Proper Trademark Use and Listing” and “Trademark Notice and Attribution.” An appropriate trademark notice symbol should be used at least once per page in any instance where a mark appears (e.g., websites, printed materials, packaging, advertising, etc.). Trademark notice is recommended at the first or most prominent appearance of the mark on each page.

Trademark Notice and Attribution
GoPro is a trademark of GoPro, Inc.
Bluetooth and the Bluetooth Logo are trademarks of Bluetooth SIG, Inc.
TrekPak is a trademark of TrekPak, LLC.
YKK is a trademark of YKK Corporation.
UltraBook is a trademark of  Intel Corporation or its subsidiaries in the U.S. and/or other countries.
DuPont and Kelvar are trademarks of E. I. du Pont de Nemours and Company.
All other trademarks are registered and/or unregistered trademarks of Pelican Products, Inc., its subsidiaries and/or affiliates.
Address inquiries concerning usage of Pelican’s trademarks, copyrights, designs, or patents to Pelican Products, Inc., Legal Department at 23215 Early Avenue, Torrance, California 90505.

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Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Pelicanstore’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Pelicanstore’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is West Wing, Platinum Building, Suite 2.33 4 Ilya Av Erina, NSW 2250 Australia. Our ABN is 72 167 309 202. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

Privacy Policy

Privacy Policy

Last Updated: August 2023

1.         INTRODUCTION

Purpose

The purpose of this Privacy Policy is to describe how Pelican Products Pty Ltd ACN 129 367 255 (Pelican, us, we, our) collects, uses, discloses, stores, handles and protects your Personal Information. Please read this privacy policy (Privacy Policy) carefully to understand what we do.

If you do not understand any aspects of our Privacy Policy, please feel free to contact us on the details listed at the end of this Policy.

 

Our Privacy Policy explains:

  • What Personal Information is
  • Information we collect and why we collect it
  • How we use and share your information
  • Access to and correction of your Personal Information
  • Security of your Personal Information
  • Cross-border disclosure of your Personal Information
  • Changes to this Privacy Policy
  • Questions and how to contact us

 

What is Personal Information?

In this Privacy Policy, 'Personal Information' has the meaning set out in applicable privacy laws, including the Privacy Act 1988 (Cth) (Privacy Act).  In general terms, Personal Information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable from that information or other information combined  with that information.

Some types of Personal Information are classified as 'sensitive information' (including 'health information' and biometric data), which are subject to additional higher protections under the Privacy Act. Sensitive information may include information about your residency status, citizenship, racial or ethnic origin, medical history and/or health status, or a health-related service you have had or will receive, including test results and appointment details.


Scope / Third Party Sites

This Privacy Policy applies to Personal Information we collect:

  • at and through https://pelicanfoam.com.au/, https://pelicanstore.com.au, https://pelican.com/au/en, https://pelicanaustralia.com, https://pelican.com.au  and certain Pelican affiliated sites accessible through or that may redirect you to our website (collectively referred to herein as the “Site(s)”);
  • in email, text, and other electronic message between Pelican and yourself;
  • when you interact with us directly;
  • when you provide us your Personal Information directly; and/or
  • from third parties about you including those set out further below.

Pelican is part of the wider Pelican group of companies (Pelican Group), which includes companies such as Pelican Inc. About Pelican Products, Inc. and corporate news | Pelican and Peli BioThermal Limited About Us | Peli BioThermal. Some of our affiliated sites owned by Pelican and/or the Pelican Group are governed by their own separate privacy policies. You should visit these separate policies and sites where you are engaging with any affiliates of Pelican outside of Australia.

Further, while this Privacy Policy relates to all of your Personal Information collected and handled by us, including through your use of our products or services facilitated by our Group members and third party partners, or collected by our Group members and third party partners which is provided to us in relation to any of our products or services, it does not cover our Group members or third party partners' collection, use or disclosure of personal information, for which you should refer to their own privacy policy.

Our Site(s) may also contain links to third party websites that are not owned or controlled by Pelican. For example, consumers in certain countries and jurisdictions may be directed to websites owned and operated by independent or third party dealers. Please be aware that we are not responsible for the privacy practices of websites not owned or operated by Pelican.

Please review the privacy policy available on each Site(s) you visit for the privacy practices with respect to that Site(s).

 

2.         INFORMATION WE COLLECT AND WHY WE COLLECT IT

Information We Collect Directly from You

We collect Personal Information from you, including:

  • personal and contact details, including name, postal address, e-mail address, telephone number, credit or other payment card information (in limited circumstances and only where provided by you), any other identifier by which you may request to be contacted online or offline;
  • transactional and behavioural information – including records of transaction you make using our products and/or services and your interactions with us including complaints, queries and your use of our products and/or services;
  • Site(s) usage information, including traffic data, location data, logs, referring/exit pages, date and time of your visit to our Site(s), error information, clickstream data, and other communication data and the resources that you access and use on the Site(s); and/or
  • technical information about your internet connection, the equipment you use to access our Site(s) and/or usage details.

Depending on the circumstances in which you engage with us, including the product or service you obtain, from us, and whether it is directly from us or with the support of one of our partners, you can provide information to us directly, such as when you purchase products from us (whether in person, on the phone, electronically via email or on our Site(s).), fill out forms on our Site(s) or digital forms, contact us, voluntarily respond to surveys we provide from time to time, or create an account with us.

If you contact us to make a general enquiry about us or our business, you do not have to identify yourself or provide any Personal Information.  Alternatively, you can also notify us that you wish to deal with us using a pseudonym. 

However, if we cannot collect personal information about you or if you use a pseudonym, we may not be able to provide you with the information or assistance you require.  For example, the Personal Information we collect from you is required to enter into a contract with Pelican, for Pelican to perform under the contract, to provide you with our products and services, to respond to questions or inquiries from you, or provide you with requested information about us, our product, or our services (for example, if you fail to provide a valid email address).

If you refuse to provide such Personal Information or, where applicable, withdraw your consent to our processing of your Personal Information, then we may not be able to enter into the contract or fulfil our obligations to you under it. You must notify Pelican of any modification to the Personal Information provided and you will be solely liable for the veracity and accuracy of the Personal Information you provide to us.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site(s) or transmitted to other users of the Site(s) or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

When you purchase products from us, you may provide us information like your payment card or bank account information, shipping address or delivery instructions. We use this information in connection with, for example, you order, including processing, fulfilling, and delivering your order, and to provide support in connection with the products you purchase.

We generally do not collect and do not process any sensitive Personal Information. Where we do, we will obtain your written informed consent before collecting or using your sensitive Personal Information.

 

Information We Collect through Automatic Data Collection Technologies and from Third Parties

As you navigate through our Site(s) and otherwise interact with our Site(s), we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns.

The information we collect automatically may include Personal Information, or we may maintain the collected information or associate it with Personal Information we collect in other ways or receive from third parties. We collect Personal Information and information about the computers, devices, or browsers that are used to access our Site(s) and interact with us, as well as your Internet activity as you use and interact with our Site(s). The information we collect may include unique identifiers, browser type and settings, device type and settings, operating system, mobile network information (including carrier name and phone number), and application version number. We also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, device type, crash reports, system activity, wireless carrier name (when you use a wireless or mobile device), and the date, time, and referrer URL of your request.

We may collect information about your activity on our Site(s), Internet, network, and other online activity information, such as browsing history, search history, and information regarding your interaction with our Site(s) and other websites. We use various technologies to collect and store location information, including cookies, pixels or pixel tags, local storage, such as browser web storage or application data caches, databases, session replay, and server logs.

We may collect information about your location when you use our Site(s), which helps us provide our Site(s) Services, features and functionality. Your location can be determined with varying degrees of accuracy by:

  • GPS
  • IP address
  • sensor data from your device; and/or
  • information about things near your device, such as Wi-Fi access points, cell towers, and Bluetooth-enabled devices

The types of location data we collect depends, in part, on your device and account settings. For example, you can turn your mobile device’s GPS and location services on or off using your device’s settings.

From time to time we may collect Personal Information about you (and sensitive information where you have agreed or we are otherwise permitted to do so) from others.

For example, we may collect your information from other Pelican Group companies for provision of our products and services; or from your use of our products or services (whether under our brand or the brand of any of our business partners or Group companies) facilitated by our business partners where access (or a link) to those products or services is provided to you by our business partners. We may also collect information about you from other organisations we jointly provide products or services with or have an arrangement with to provide our products or services to you. In some circumstances, Pelican may also collect information about you from publicly accessible sources.

We may collect information about you from trusted partners, such as marketing partners that provide us with information about our potential customers, and/or third party service providers engaged by us or another member of the Pelican Group to provide financial, administrative or other services to the Pelican Group, including security partners that provide us with information to protect against fraud and abuse of our Site(s).

This data collection helps us to improve our Site(s) and our products and/or services, and to deliver a better and more personalised service by enabling us to:

  • better provide our products and services to you, including the operation of our Site(s);
  • estimate our audience size and usage patterns;
  • store information about your preferences, allowing us to customise our Site(s) according to your individual interests;
  • develop and improve our Site(s), our products, and our services; and
  • recognise you when you return to our Site(s).

For details about our automated data collection technologies and cookies, please refer to the section ‘Advertising & Cookies’ below.

No Information from Children - under 18 years old

If you are under the age of 18, please do not attempt to register with us at this Site(s) or provide any Personal Information about yourself to us. By registering at this Site(s) or providing any Personal Information, we will make the assumption that you are over the age of 18 years old. . If we learn that we have collected Personal Information from an individual under the age of 18 years old, we will promptly delete that information. If you believe we might hold, collect or use any information from an individual under the age of 18 years old, please Contact Us online or call us directly (in Australia) at 03 9765 1500.


 

3.         HOW WE USE AND SHARE YOUR PERSONAL INFORMATION

Use of your Personal Information

We use your Personal Information for purposes collected including managing our business and providing our products and services to you, including to:

  • provide our products and services to our customers or to receive goods or services from third parties;
  • enable the proper operation and functionality of our products and services;
  • to process your payments;
  • verify your identity (for example, if you request access to the Personal Information we hold about you);
  • consider you for a job at Pelican (whether as an employee or contractor) or other relationships with us;
  • manage your employment or engagement with Pelican;
  • communicate with you, and to address any issues or complaints that we or you may have regarding our relationship and our products and/or services;
  • prevent, detect and investigate suspicious, fraudulent, criminal or other activity that may cause you, us, Pelican Group, or others harm, including in relation to our products and services;
  • identify opportunities to improve our products and services and to improve our service to you;
  • gain insights about you so that we can serve you better, understand your preferences and interests, personalise your experience and/or enhance products and services you are offered and receive;
  • for direct marketing purposes (see "Direct Marketing Communications" below);
  • contact you regarding any of the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner;
  • comply with our legal obligations such as notifying you of matters that we may be required by law to do so;
  • meet any applicable law, regulation, subpoena, legal process, or enforceable governmental request;
  • enforce our Terms of Service, including investigation of potential violations; and/or
  • detect, prevent, or otherwise address security or technical issues.

We may also use or disclose your Personal Information for our administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes and] for other purposes to which you have consented, or as otherwise permitted or required by law.

Technical information and general analytics are used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are on our Site(s), and to improve our Site(s) and our products and services (see "Information We Collect through Automatic Data Collection Technologies" above).

Direct marketing communications

If you have previously authorised us to do so, we may send you direct marketing communications (either through mail, SMS or email), including information about our products, services, and new offerings. You can opt-out of receiving direct marketing and promotional materials or communications from Pelican by sending us an email at info.australia@Pelican.com saying "Please remove," or using the opt-out or unsubscribe feature contained at the bottom of these communications.

To whom we disclose your Personal Information

We may disclose your personal information to third parties in connection with the purposes described above (see the "Use of your Personal Information" section).

This may include disclosing your personal information to the following types of third parties:

  • our related companies and Pelican Group members;
  • any potential third party acquirer of our business or assets, and advisors to that third party;
  • our professional advisers (such as lawyers, accountants or auditors) and insurers;
  • our employees, contractors and third party service providers who assist us in performing our functions and activities e.g. payment gateway providers and financial institutions, cloud service providers, data storage providers, shipping companies, telecommunications providers and IT support services providers;
  • organisations authorised by us to conduct promotional, research or marketing activities;
  • third parties to whom you have authorised us to disclose your information (e.g. referees); and
  • any other person as required or permitted by law.

 

In particular, we may provide information to third party service providers that help us process orders, and to fulfil and deliver products and services that you purchase from us. This includes the company that manages and operates our online store, and our authorised dealers and distributors who help us provide, fulfil, ship, and process orders and product purchases. We may use third parties to help host our Site(s) and provide other technology support, send out email updates, provide marketing and advertising services, remove repetitive information from our user lists, and process payments. All these service providers will have access to relevant Personal Information in order to provide these services. When this occurs, we implement reasonable contractual and technical protections to limit their use of that Personal Information to that necessary in order for the provision of their relevant service. We use demographic information to better understand our customers and improve our products and services.

We may also share your Personal Information with distributors in our network so that they may contact you with information about our products, which we believe may be of interest to you.

 

Advertising & Cookies

With your consent, we may process your browsing and shopping patterns to show you advertisements for Pelican or our advertising partners that are relevant to your interests.

Pelican does not use your Personal Information with any automated decision-making process, including profiling. However, we use cookies and other information to provide relevant interest-based advertising to you, including the use of automatic identifiers in emails that direct you to information, products, and services that may be of interest to you. Interest-based advertisements are advertisements presented to you based on your browsing behaviour in order to provide you with advertisements more tailored to your interests. These interest-based advertisements may be presented to you while you are browsing our Site(s) or third-party sites not owned by Pelican. We belong to ad networks or use marketing companies that may use your browsing history across participating websites to show you interest-based advertisements on those websites.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Site(s) may then be inaccessible or not function properly. If you choose to opt out, you will continue to see advertisements on our Site(s) but they will not be based on how you browse and shop.

We do not respond to “do not track” signals or similar mechanisms to indicate that you do not wish us to collect information about your online activity or receive interest-based advertisements. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites): (www.aboutads.info and www.networkadvertising.org).

 

Transfer in the Event of Sale or Change of Control

If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site(s) to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, to the maximum extent permitted by applicable laws, we may transfer or sell your Personal Information to that third party on notice to you. Following any such transfer, you will be able to contact the third party to whom we transferred your Personal Information with any enquiries concerning the processing of your Personal Information.
 

4.         ACCESS TO AND CORRECTION OF YOUR PERSONAL INFORMATION

You may request access to any Personal Information we hold about you at any time.  We will provide access to that information in accordance with the Privacy Act, subject to any exemptions that may apply.  We may charge an administration fee in limited circumstances, but we will let you know in advance if that is the case.

If you believe that Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. Where we agree that the information needs to be corrected, we will update it. If we do not agree, you can request that we make a record of your correction request with the relevant information.

You can also ask us to notify any third parties that we provided incorrect information to about the correction. We will try and help where we can - if we can’t, then we will let you know.

You may exercise your rights above by contacting Pelican using the 'Contact Us' information set out below. Your request must include the following data: full name, address for correspondence, and copy of information that we request to ensure that we can identify you. In the case of representation by a third party, this must be proven by means of an authenticated document.

 

5.         SECURITY OF YOUR PERSONAL INFORMATION

We have implemented a range of reasonable physical, electronic and other security measures designed to secure the confidentiality, protection and integrity of your Personal Information from accidental loss and from unauthorised access, use, alteration, and disclosure. For example, access to your Personal Information is password-protected, and certain Personal Information (such as payment information) is protected by encryption when it is exchanged between your web browser and our Site(s). Access to our information technology systems is controlled through usual market identity and access management controls.

However, since the Internet is not a completely secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organisational safeguards. The safety and security of your Personal Information also depends on you. It is your responsibility to protect the security of your login information. Please note that e-mails, User Contributions, and other communications you send to us through our Site(s) are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

 

How we store your Personal Information

We store your Personal Information using electronic record keeping methods in secure databases.  We do not combine or link Personal Information we hold about you with other Personal Information about you from third party sources.

We will store your Personal Information as long as is necessary for the purposes for which your Personal Information was collected (as outlined in this Privacy Policy), or for as long as we are required by law. After the expiration of such a period we will delete your Personal Information from our systems or de-identify your Personal Information in a way that prevents attribution. After you close your account, we may retain your Personal Information:

  • for as long as necessary to comply with any legal requirement;
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
  • for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable.

 

6.         CROSS-BORDER DISCLOSURE OF YOUR PERSONAL INFORMATION

Your Personal Information may be transferred overseas or stored overseas for a variety of reasons including: (i) to Pelican Group companies located overseas to help us deliver or support the provision of our products and services to you; and (ii) third party organisations operating overseas with whom we partner to provide our products and services to you, including our contracted technical service providers who may operate overseas,. It is not practical for us to list every country where such overseas recipients may be located, however these are likely to include the USA, UK and Singapore.

 

7.         CHANGES TO OUR PRIVACY POLICY

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent except where permitted by, and/or always in accordance with, applicable laws. An up-to-date version of this Privacy Policy will be available at any time on this page. If any changes made are significant, we may provide a more prominent notice (including, for certain services, email notification of relevant changes). We can retain prior versions of this Privacy Policy in an archive for review upon request.

 

8.         QUESTIONS, COMPLAINTS AND HOW TO CONTACT US

If you have a query, concern or complaint about the manner in which your Personal Information has been collected or handled by us or would like to request access to or correction of the Personal Information we hold about you, please contact using the details provided below:


Email:             info.australia@pelican.com

Phone:           03 9765 1500

 

We are committed to resolving any complaints reasonably and we always strive to do the right thing by our customers. We will make all reasonable inquiries and your complaint will be assessed with the aim of resolving any issue in a timely and efficient manner. We ask that if you are ever unhappy about something we have done – or perhaps not done – please give us the opportunity to put things right first.

If you have raised a complaint with us and you are still unsatisfied with the outcome or have further concerns about the way we handle your Personal Information, under the Privacy Act, you may complain to the Information Commissioner at the Office of the Australian Information Commissioner, whose contact details are set out below:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone:           1300 363 992
Online:          
www.oaic.gov.au
Email:             enquiries@oaic.gov.au

This Privacy Policy was published on: 18th August, 2023