PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site
agree that access to and use of this site are subject to the following terms
and conditions and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Governing
Law
These
Conditions are governed by the laws in force in the State of New South Wales,
Australia. You agree to submit to the exclusive jurisdiction of the courts
of that jurisdiction.
Web
Site Terms and Conditions of Use
This
web site is owned and operated by Jade & Jasmine ABN 3668155436. In these
terms and conditions, the expressions 'we', 'us' and 'our' are a reference to
Jade & Jasmine and includes its related entities.
These
terms and conditions apply to the use of this website. In using this website,
you agree to be bound by these terms and conditions. If you do not accept these
terms and conditions, you must refrain from using the website. These terms and
conditions must be read in conjunction with any other applicable terms and
conditions governing the use of this website.
Amendments
to Conditions
We
may revise these Conditions from time to time by updating this web page.
You are bound by such revisions and should therefore regularly revisit this
page to review the current Conditions by which you are bound. Your
continued use of the website after a revision of these Conditions evidences
your acceptance of that revision.
Information
Available on Website
All
information provided by us at the website is provided in good faith. We derive
the information on our website from sources which we believe to be accurate and
up to date as at the date of publication. We nevertheless reserve the right to
update this information at any time. You accept that any information provided
by us is general information and is not in the nature of advice. In addition,
we do not make any representations or warranties that the information we
provide on this website is reliable, accurate or complete or that your access
to that information will be uninterrupted, timely or secure.
We
are not liable for any loss resulting from any action taken or reliance made by
you on any information or material posted by us on this website. You should
make your own inquiries and seek independent advice from relevant professionals
before acting or relying on any information or material contained on our website.
You
agree to use our website for lawful purposes only.
Typographical Errors
In the event that a Jade & Jasmine product is mistakenly listed at an
incorrect price, Jade & Jasmine reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Jade & Jasmine
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled,
Jade & Jasmine shall issue a credit to your credit card account in the
amount of the incorrect price.
Product
Descriptions
Images,
drawings, sizes and materials relating to products and accessories displayed on
this web site are for illustrative purposes only. Actual colour specifications
for a particular product may vary depending on your personal computer settings.
Registration
In
order to access certain parts of this website, or process certain transactions
offered on this website, you may need to become a registered user. To become a
registered user, you must complete your registration details.
We
reserve the right to terminate your registration and to withdraw your access to
this website at any time if you breach these terms and conditions, or if we
consider that you are using the services provided on this website in an
inappropriate manner.
You
must ensure that your registration details are true and accurate at all times.
Specifically, you must notify us of any change to the registration details as
originally supplied.
Upon
registration, you will be provided with an account designation. You must not
disclose your password to another person, or permit another person to use your
password to access this website.
Disclaimer
of Liability
We
do not accept any responsibility for any loss or damage, however caused
(including through negligence), which you may directly or indirectly suffer in
connection with your use of this website or any linked website, nor do we
accept any responsibility for any such loss arising out of your use of or
reliance on information contained on or accessed through this website.
Any
exclusion or limitation of liability set out in these terms and conditions or
on the website does not attempt or purport to exclude liability arising under
statute if, and to the extent, that such liability cannot be lawfully excluded.
Specific
Warnings
You
must ensure that your access to this website is not illegal or prohibited by
laws which apply to you.
You
must take your own precautions to ensure that the process which you employ for
accessing this website does not expose you to the risk of viruses, malicious
computer code or other forms of interference which may damage your own computer
system. We do not accept responsibility for any interference or damage to your
own computer system which arises in connection with your use of this website or
any linked website.
We
do not warrant the accuracy, adequacy or completeness of any information
contained on this website, nor do we undertake to keep this website updated. We
do not accept responsibility for loss suffered as a result of reliance by you
upon the accuracy or currency of information contained on this website.
Where
the information made available on this website contains opinions or judgments
of third parties:
•
you acknowledge that any opinions or advice by third parties on this website
remain the responsibility of those third parties and we do not guarantee the
accuracy, completeness or usefulness of that content or its fitness for any
particular purpose;
•
we do not purport to endorse the contents of that opinion or advice nor the
accuracy or reliability of that opinion or advice; and
•
we do not accept liability for loss or damage caused by your reliance upon any
information obtained through this service and it remains your responsibility to
evaluate the accuracy, completeness and usefulness of any such information.
Responsibility
for the content of any advertisements appearing on this website (including hyperlinks
to advertisers' own websites) rests solely with the advertisers. The placement
of such advertisements does not constitute a recommendation or endorsement by
us of the advertisers' products and each advertiser is solely responsible for
any representations made in connection with its advertisement.
Intellectual
Property Rights
You
accept that the intellectual property rights subsisting in all materials on
this website are owned or licensed by us and that you gain no interest in
relation to them. Such rights include rights relating to this website's look
and feel, idea and concept, and confidential information, whether or not they
are reduced to material or tangible form. You must not do anything, or omit to
do anything, which may infringe our intellectual property rights except where
expressly authorised by these terms and conditions.
Copyright
Copyright
in this web site (including text, drawings, graphics, logos, icons, sound
recordings and software) is owned or licensed by us. Information procured from
a third party may be the subject of copyright owned by that third party. Jade & Jasmine ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with
Jade & Jasmine or purchasing Jade & Jasmine products. You may display
and, subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or to place
an order with Jade & Jasmine or to purchase Jade & Jasmine products.
Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by Jade & Jasmine. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Other
than for the purposes of, and subject to the conditions prescribed under the
Copyright Act 1968 and except as expressly authorised by these terms and
conditions, you may not in any form or by any means:
•
adapt, reproduce, communicate, store, distribute, print, display, perform,
publish or create derivative works from any part of this website, or
•
commercialise any information, products or services obtained from any part of
this website, without our written
permission or, in the case of third party material, from the owner of the
copyright in that material.
Trade
Marks
All trademarks, service
marks and trade names of Jade & Jasmine used in the site are trademarks or
registered trademarks of Jade & Jasmine.
If
you use any of our trademarks in reference to our activities, products or
services, you must include a statement attributing that trademark to us. You
must not use any of our trademarks:
•
in or as the whole or part of your own trade marks, or
•
in connection with activities, products or services which are not ours, or
•
in a manner which may be confusing, misleading or deceptive, or
•
in a manner that disparages us or our products or services (including this website).
Restricted
Use
Unless
we agree otherwise in writing, you are provided with access to this website
only for your personal use.
You
are authorised to print a copy of any information contained on this website for
your personal use, unless such printing is expressly prohibited.
You
may not without our written permission on-sell information obtained from this
website.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Jade & Jasmine
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Jade & Jasmine does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Jade & Jasmine
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Linked
Websites
This
website may contain links to other websites. Those links are provided for
convenience only and may not remain current or be maintained.
We
are not responsible for the content or privacy practices associated with linked
websites.
Our
links with linked websites should not be construed as an endorsement, approval
or recommendation by us of the owners or operators of those linked websites, or
of any information, graphics, materials, products or services referred to or
contained on those linked websites, unless and to the extent stipulated to the
contrary. Even
if the third party is affiliated with Jade & Jasmine, Jade & Jasmine
has no control over these linked sites, all of which have separate privacy and
data collection practices, independent of Jade & Jasmine. These linked
sites are only for your convenience and therefore you access them at your own
risk. Nonetheless, Jade & Jasmine seeks to protect the integrity of its
web site and the links placed upon it and therefore requests any feedback on
not only its own site, but for sites it links to as well (including if a
specific link does not work).
You
must not link to any part of this website other than the home page without our
written consent.
Privacy
Policy
We
undertake to comply with the terms of our privacy policy Click here to view the Jade & Jasmine Privacy Policy.
When
you visit this website, our Internet service provider makes a record of your
visit, and collects certain information for statistical purposes, such as your
server address and domain name.
This
website makes use of cookies to make your access to this website more
convenient.
The
personal information which we collect in the course of your visit to our website
is set out in full in our privacy policy Click
here to view the Jade & Jasmine Privacy Policy.
Security
of Information
Unfortunately,
no data transmission over the Internet can be guaranteed to be totally secure.
Whilst we strive to protect such information, we do not warrant and cannot
ensure the security of any information which you transmit to us. Accordingly,
any information which you transmit to us is transmitted at your own risk.
Nevertheless, once we receive your transmission, we will take reasonable steps
to preserve the security of such information.
Termination
of Access
Access
to this website may be terminated at any time by us without notice. Our
disclaimer will nevertheless survive any such termination.
Notice
Jade & Jasmine may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to Jade & Jasmine.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Jade & Jasmine or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Jade & Jasmine does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Jade & Jasmine is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However,
Jade & Jasmine reserves the right to block or remove communications or materials
that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Jade & Jasmine in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Jade & Jasmine, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
General
We
may update or amend these terms and conditions and our privacy policy from time
to time. The then current version of the terms and conditions and privacy
policy will apply each time you use our website.
We
accept no liability for any failure to comply with these terms and conditions
where such failure is due to circumstances beyond our reasonable control.
If
we waive any rights available to us under these terms and conditions on one
occasion, this does not mean that those rights will automatically be waived on
any other occasion.
If
any of these terms and conditions are held to be invalid, unenforceable or
illegal for any reason, the remaining terms and conditions shall nevertheless
continue in full force.