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Terms and Conditions

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.