Terms & Conditions
TERMS AND CONDITIONS
The Website https://jessieve.com.au/, associated digital platforms, media accounts, mobile applications (together, the Website), contents, products, materials and services (together, the Services) are owned and operated by Jessica Eve Deakin trading as Jessi Eve ABN 74 361 179 422 (Jessi Eve, we, us, our). The term ‘you’ refers to any user or browser of the Website or purchasers of our Services.
The Terms and Conditions and any additional disclaimers, policies and legal notices displayed on our Website from time to time explain how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By accessing any information, or using the Services provided on the Website, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing (together, users).
You agree that the use of the Website and Services is at your own risk. If you are under the age of eighteen (18), you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.
These Terms and Conditions do not modify, restrict, or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted, or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.
- PERMITTED USE
Jessi Eve prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes Jessi Eve’s rights or the rights of others.
You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.
- SERVICES DISCLAIMER
Our Website and Services aim to provide interior decorating and furnishing and styling services, which may include decorating consultations, colour consulting, concept design, mood boards, mock ups, furniture customisation, spatial planning and layout, window treatment selections, cabinetry and joinery advice and customisation, and selection of furniture, fabrics, hard finishes, fixtures, and lighting. All Services carried out by Jessi Eve are pursuant to our Code of Conduct.
The information, content, and material contained in or available through the Website and Services are provided for general information purposes only. None of the content on this Website represents or warrants that any method or service is appropriate or effective for you.
To the extent that we provide any explicit or implied recommendations of any service, such recommendations are only general and not specific to any situation. The information we provide is not intended to be a substitute for professional financial, legal, or building and construction advice, nor do we claim to be an expert in any specific commercial field.
All information provided by us is provided in good faith, though we make no guarantees of any specific result from the use of the Website or Services. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our Services or the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results.
Testimonials (visual and written) and any publicity materials displayed on our Website or other platforms are examples of real experiences and opinions of people's experiences with us, our Website or Services, and are for illustration only. All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results.
We may refer to other products, services and/or experts on this Website. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. It is your responsibility to conduct your own research and make your own determination about any such product, service and/or expert.
We may participate in affiliate marketing and may allow affiliate links to be included on some of our Website. This means that we may earn a commission if/when you click on or make purchases via affiliate links. We will inform you when one of the links is an affiliate link and will only affiliate with products, services, and experts that we believe will provide value to our customers and followers. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference, or information provided by us and will conduct your own research and will rely upon your research in deciding whether to purchase the affiliate product or service.
- CODE OF CONDUCT
Jessi Eve endeavours to abide by this Code of Conduct to ensure that the provision of our Services is held to a high standard and abides by the relevant laws and regulations as they apply to us.
Standard of performance: Jessi Eve will do all things reasonably required to ensure that the Services are performed with due care, skill and diligence, in a professional and ethical manner, within the scope of their expertise, and to the Client’s reasonable satisfaction.
Supervision and Instruction: Our consulting services include coordinating, organising, facilitating, and providing a point of contact, as required to perform the Services for the Project. In accordance with the exclusions as set out in Schedule 1 of the Home Building Act 1989 (NSW), they do not include supervising trade or building work. All contractors, suppliers, tradesmen, or builders are supervised by holders of Contractor Licenses, who are responsible for the compliance, safety, supervision, daily direction, control, quality, or outcome of the building works.
Compliance: All kitchen, bathroom and laundry work undertaken by Jessi Eve or contractors, suppliers, tradesmen and builders engaged to complete the Services is done so in accordance with the guidelines of the Australian Furniture, Kitchen & Bathroom Association, the applicable requirements of the Home Building Act 1989 (NSW), pursuant to clause 13 of the Home Building Regulations 2014 (NSW) and all applicable laws in the jurisdiction in which the Services are provided. Jessi Eve will do all things reasonably required to ensure that all products and furniture comply with relevant product safety requirements set by the Australian Competition and Consumer Commission, the Home Building Act 1989 (NSW) and the requirements outlined in clause 13 of the Home Building Regulations 2014 (NSW) and all applicable requirements in the State or Territory in which the Services are provided, and that all contractors, suppliers, tradesmen and builders on the Project have the licenses and permits required by the NSW Fair Trading Consumer Building Guide, the Home Building Act 1989 (NSW) or the State or Territory in which the Services are provided.
Design, Drafting and Approvals: The Design Materials are conceptual in nature and are intended to set forth design intent; they are not to be used for engineering or construction purposes. They do not include modifications to structural, heating, air-conditioning, plumbing, electrical, ventilation or other mechanical systems that may be included in the Project. All sketches, illustrations and drawings created or provided by Jessi Eve are for proof-of-concept purposes only. All technical drawings, with accurate check-measure dimensions and size designations given are subject to verification and specifications as drafted by architects, draftsmen, licensed surveyors, cabinet-makers, builders and/or other qualified tradesmen, and Jessi Eve makes no guarantees or warranties in relation to the finished construction project.
Any assessment of approval, issued plans, residential building approvals, waste management plans, survey reports, council reports, planning controls, council approvals, DA or CDC applications or any planning instruments, or lodging of application documentation required will be attended to by licensed certifiers or an appropriate expert.
Workplace Health and Safety: Jessi Eve will do all things reasonably required to abide by, the requirements as set out in the Work Health and Safety Act 2011 (Cth) and all applicable State and Territory work health and safety laws and maintain, as far as is reasonably practicable and where applicable, a safe working environment and safe systems of work.
- ENQUIRIES, REGISTRATION AND SUBSCRIPTION
By booking a consultation call, making an enquiry via the form on the Website, subscribing to our newsletter, or selecting to be notified when products are available, you will be added to our email list. If you do not want to remain on our database, you can follow the instructions on the form to update your subscription or data preferences, or unsubscribe from our email communications, or email us at any time at firstname.lastname@example.org.
You are responsible for maintaining the confidentiality of your account details and password and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.
- PAYMENT AND PRICING
Our Services may be subject to change without notice. We reserve the right at any time to modify or discontinue any Services without notice at any time and shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Services. We reserve the right to limit the sales of our Services to any person, region, or jurisdiction. All descriptions of Services and pricing are subject to change at any time without notice, at our sole discretion.
The Client will pay the Fees at the rate and in the manner specified in the Design Proposal or Agreement. Jessi Eve accepts no responsibility for bank transfers that are declined or not accepted due to disruptions with internet connections or problems with your provider.
Payments for Services must be made to our bank account by direct debit within seven (7) days. Where payment is not made in the agreed time, we may suspend the provision of Services at our full discretion and where payment has not been made for more than twenty-eight (28) days after the stipulated date, any agreement for the provision of Services may be terminated subject to the contract.
Transactions are processed in AUD figures. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and that third party. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.
- ONLINE SHOP
We endeavour to ensure that all the products on our Website are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our Website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases, the products we offer for sale are handmade or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. This will be classified as a change of mind and returning items based on change of mind will be at the expense of the customer.
To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our Website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our Website.
On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our Website at any time and/or remove or edit any materials or content on our Website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our Website, whether it has been sold or not, removing or editing any materials or contents on our Website, or for refusing to process or accept an order after we have sent you the order confirmation.
Fabric is precious. We have put together a few guidelines to help you care for your products. Please note, these care tips are guidelines only and variations will apply to some fabrics, and we will not be liable under any circumstances for how you chose to use and interpret this information.
Washable natural fibres should be pre-washed to avoid shrinkage. It is recommended that you pre-wash in the same way you intend to wash in future. Wash light and bright colours separately, as some colours may run in their first few washes. Special washing instructions will apply to some fabrics such as beaded, coated, or foiled fabrics as well as specialty weights/styles and delicate items. If you have any questions, please do not hesitate to contact us.
Merino: machine washable on a gentle/wool cycle using a wool detergent, do not wring. Do not bleach. Tumble dry on cool setting or dry flat in shade. Use warm iron. Do not dry clean.
Silk: dry clean only or handwash at your own risk using a silk friendly detergent. Do not bleach or tumble dry. If hand washing, dry in shade. Use warm iron.
Cotton: wash separately, cool hand wash, cool machine wash on delicate setting. Do not tumble dry, do not wring, soak or bleach, some part of the product may be delicate, and is required to be handled with care.
Linen: cool handwash or gentle machine wash, wash colours separately, do not wring. Tumble dry on cool setting or dry in shade. Use a warm/hot iron.
Rayon/Viscose: dry clean or cool machine wash or hand wash. Do not twist/wring, warm iron on reverse side.
Wool: dry clean only, use cool/warm iron, steam when pressing, brush wool to remove surface soil.
Triacetate: dry cleanable or cool machine wash or hand wash. Do not twist/wring, warm iron on reverse side.
Tencel/Lyocell: cold machine wash, dry on low temperature, cool iron, dry cleanable, do not bleach.
Acetate: dry clean, machine wash or hand wash separately in warm water. Do not soak colour items, do not twist/wring, warm iron on reverse side. Do not tumble dry.
Laces/Jacquards: dry clean only. These fabrics are delicate so be careful against rough surfaces and snagging.
Velvet: dry clean only, do not spot clean. Never iron as ironing is likely to crush or flatten the natural pile. A hand-held steamer can be used to remove creasing. Alternatively, hang your fabric or garment in a steamy bathroom as the steam may help relax any creasing. Avoid using clip hangers as these can bruise or mark the fabric.
Nylon/Polyester: dry clean or cold machine wash, tumble dry on low temperature, cool iron, do not bleach.
Leather: to remove dirt or surface residue, use a soft damp cloth. Gently rub for removal. For a deeper clean, use a leather cleaner to help preserve the natural smooth oils instead of stripping them. Let your handmade leather goodies dry naturally. To prevent leather from losing suppleness over time use a wax-free leather conditioner that will nourish and restore the flexibility and suppleness of your leather goodies. To waterproof your handmade leather pieces, treat them with a layer of water protectant while maintaining the leather’s breathability.
If you are making a purchase through the Website, you acknowledge you have read these Terms and Conditions and agree to be bound by them, whether on your behalf or on behalf of a minor. By making a purchase, you represent and warrant that you are at least eighteen (18) years old. If you are making a purchase on behalf of a minor, you warrant you are their parent or legal guardian. If a third party is making the purchase on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.
Prices quoted in an order are fixed once your order has been confirmed. Subsequent price changes will not be retroactively applied to confirmed orders. You agree to pay the total amount listed for each Service as set forth on the Website or otherwise provided to you, including any merchant fees.
Transactions are processed in AUD figures, fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees. Prices for products purchased are exclusive of GST, and GST may be added where applicable. Upon receipt of payment, you will be issued a tax invoice in accordance with any applicable legislative requirements relating to GST.
Gateways and Merchants
We reserve the right to change the preferred payment gateway from time to time and without notice.
Credit Cards, Chargebacks and Payment Security
We accept credit card payments for the products via the payment-processing merchant. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence we are responsible for. To the extent that you provide us with your credit card(s’) information for payment, we shall be authorised to charge your credit card(s) for any prior unpaid charges. You shall not make any chargebacks to our account or cancel the credit card that is provided as security, without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks, and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. Jessi Eve reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.
Shipping and Delivery
You acknowledge and agree that Jessi Eve is not responsible for the shipping and delivery of any Items purchased through this platform, including any late or failed deliveries. By purchasing the Items, you agree to review, accept and comply with the shipping terms provided by the third-party supplier and that your sole recourse of action for any issues with your delivery will be between you and the relevant supplier.
You understand that delivery times noted on your order confirmation or receipt or on the Website are guidelines only, and Jessi Eve is not liable for delays or changes to the delivery times.
You are responsible for providing an accurate mailing address, Jessi Eve accepts no responsibility for delivery to an incorrect mailing address.
A flat rate delivery charge of fifteen dollars ($15) applies to all standard sized orders placed for delivery in Australia. A delivery fee of twenty dollars ($20) applies to all oversized or heavy orders. Contact us at email@example.com for orders outside of Australia. Orders over three hundred dollars ($300) qualify for free shipping within Australia.
Standard processing time is 1-3 business days. We do not dispatch or deliver on weekends or public holidays.
If there are multiple boxes within your consignment or we are unable to deliver all products within your order at the same time, you will only be charged once for delivery.
We do not offer Authority to Leave and all deliveries must be signed for.
Tracking details for orders will be emailed promptly after they become available. If you have any questions regarding delivery, please contact us via email at firstname.lastname@example.org or using the contact form.
Cancellations, Refunds, and Returns
Jessi Eve may, at its sole discretion, cancel your order for items at any time prior to dispatch. In the event of a cancelled order, funds paid in relation to that order will be refunded in full as soon as is reasonably practicable.
We offer returns on full price Items that are kept in their original condition within thirty (30) days of delivery. Any items returned outside of this time frame will not be accepted. Full price items may be returned for a credit note or refund only.
We do not offer exchanges for items. To exchange your item for a different colour or size, please return your full price item for a credit note or refund and order a new item. If you purchased your full price Item with a credit note or gift card, a new credit note or gift card of the same value as the purchase price will be issued.
Before accepting the return of any items, all items will be reviewed. If your return of any item is accepted, we will refund the price paid for the item via your original payment method. If the returned item does not meet our review standards, the item will be sent back to you and you will not receive a refund.
We are not responsible for any returned items that are lost in transit. We recommend that you purchase secure tracking and/or insurance for the items you are returning, and that you keep proof of postage.
Unless the received item is not as ordered, damaged or is deemed faulty, all return postage costs are at your expense.
Returns are usually processed within five (5) business days of receipt. Refunds may take up to five (5) business days depending on the payment method, and you will be sent an email notification once your return has been processed.
To return an item, pack your item and the returns form into an appropriate post package and send to:
PO Box 96
Thirroul NSW 2515
Sale and Discount Code Items
No returns are available for sale item purchases, including sale items purchased with a discount code, unless the item is damaged or is deemed faulty.
Items purchased using a discount code or during a special promotional offer are eligible for return for credit note only.
All faulty items are eligible for return for a refund or credit note.
This does not include:
Normal wear and tear
Damage arising from improper assembly or modification
Damage arising from abnormal use or abuse
Damage, wear and tear as a result of improper or lack of maintenance and/or care (e.g. fabric, leather or timber)
Damage to external or product packaging only
Insignificant minor variations in dimensions, colour, grain or finish
Insignificant minor imperfections or superficial blemishes
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you believe your item is faulty, please contact us at email@example.com quoting your order number and include a description and image/s of the fault. If we confirm the item is faulty, please return the item and include a copy of your return postage receipt.
The coverage of return postage costs must be confirmed by us prior to the return of any items. If confirmed, upon receipt of your returned faulty item, we will issue a refund or credit note for the value of the item, as well as a refund for the return postage cost.
- USER-GENERATED CONTENT
The Website (and any of our other digital platforms, mobile applications or social media accounts or during a course or program) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.
You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with the Services.
You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, or for any other reason. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone, or endorse any User-Generated Content, and are not responsible for the accuracy, legality, or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.
- THIRD-PARTY LINKS
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services, or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. We do not guarantee, represent, or warrant that the content of any third party is accurate, legal, or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services, or resources.
Jessi Eve is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, Internet service providers and other external factors; we therefore do not guarantee the availability of the Website at all times or at any specific times.
- PRIVACY AND SECURITY OF INFORMATION
- INTELLECTUAL PROPERTY & COPYRIGHT NOTICE
You acknowledge and agree that the Website and the Services contain information, content and material that is owned by us, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth) whether existing under statute, at common law or in equity, now or hereafter in force.
You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Services (and/or their associated username/passwords) you purchased to any third party or person. In some cases, we may encrypt, and/or stamp licence details (including customer name, address, etc.) to ensure additional safety.
Jessi Eve respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Services is original content of Jessi Eve and does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to it.
These Terms do not transfer any of our intellectual property rights to you or any third parties. You are granted no right or license with respect to our trademarks, service marks and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos, or trademarks, without the express written agreement of the relevant owners.
We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of this Policy. If you infringe our intellectual property rights or that of any other third party, we have the right to deny access to, or terminate your use of the Services, and to report you to the relevant authorities or take any actions as necessary.
We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:
(b) where at any time you have committed any act of wilful or serious misconduct;
(c) if you fail to pay any fees, payments or expenses properly payable to us for our Services by the stipulated date;
(d) where you have created a risk or possible exposure for us;
(e) where there are unexpected technical issues or problems;
(f) at the request of law enforcement or government authority; or
(g) upon a request by you.
In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet in order to resolve the dispute or if they are unable to do so, they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be privileged. If the parties do not resolve the dispute, or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternate method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.
- WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT OUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES THAT EXCEED THE GREATER OF $100 AUD OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
- WAIVERS AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
- GOVERNING JURISDICTION
The laws of New South Wales, Australia, govern this agreement, and any access to or use of our Services. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.
This Agreement (and all related documents, policies, and legal notices) constitutes the entire agreement concerning your use of this Website and supersedes all previous agreements or understandings, whether written or oral, in relation to your use of this Website.
No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign the document. If any part of this Agreement is held invalid or unenforceable, that part may be severed from this Agreement, and the remaining portions of these Terms and Conditions will remain in full force and effect.
The failure of a party at any time to perform any obligation under the Terms and Conditions is not a waiver of that party’s right:
(a) to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.