Terms and Conditions
The website located at www.jadeandjune.com.au (Website) is owned, controlled and operated by Basby Pty Ltd as trustee for the Bambree Trust T/A Jade + June (ABN 56 008 087 613) (we, our, us or Jade + June).
The terms and conditions set out below (Terms and Conditions) will apply to you (you or your) if you access, browse and use the Website.
By accessing and using Website, or by specifically agreeing to the Terms and Conditions at any time when you are using the Website, you agree to the Terms and Conditions. If you do not accept the Terms and Conditions, you must not access and use the Website.
We may change the Terms and Conditions at any time. If you have a Website Account (as defined below), we will provide you with notice of any changes via the e-mail linked to your account. Any use of the Website by you after the date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied.
You should familiarise yourself with the Terms and Conditions before accessing the Website. If you have any questions about the Terms and Conditions, you can contact us at [email protected].
PLEASE CAREFULLY NOTE THE FOLLOWING ABOUT THE TERMS AND CONDITIONS:
- Any Content that can be accessed on the Website is for your personal, non-commercial use only.
- Your ability to hold us responsible for any loss or damage you may suffer from using the Goods and Services may be significantly restricted.
- Our liability to you for any loss or damage you may suffer from using the Goods and Services may be significantly restricted.
- Subject to any rights which you may have as a Consumer or otherwise at law which cannot be excluded under contract, your use and access of the Goods and Services is on an “as is” basis and is entirely at your own risk.
- You are solely responsible for compliance with all laws and regulations applicable to your use of the Goods and Services.
- You may be required to compensate us for any loss or damage that we may suffer from your breaching the Terms and Conditions.
A. TERMS
- Application of Terms and Conditions
1.1 You agree to be legally bound by the Terms and Conditions when you do any of the following:
(a) viewing, browsing, accessing or otherwise using the Website;
(b) indicating that you agree to the Terms and Conditions when registering a Website Account or purchasing any Goods.
1.2 Your access to, and use of, the Website is subject to all conditions specified in the Terms and Conditions.
1.3 If you are under 18 years of age, then upon doing any of the things mentioned in clause 1.1(a) (Binding Actions), you represent that you have reviewed the Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Terms and Conditions. If you are a parent or guardian permitting a person under the age of 18 (Minor) to do any of the Binding Actions, you agree to:
(a) exercise supervision over the Minor’s use of the Website;
(b) assume all risks associated with the Minor’s use of the Website, including the transmission of content or information to and from third parties via the Internet;
(c) ensure that the content and information that the Minor may encounter on the Website is suitable for the Minor;
(d) assume any liabilities resulting from the Minor’s use of the Website;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor; and
(f) provide the consents contained in the Terms and Conditions on behalf of the Minor.
1.4 If you are a Minor, we may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to the Terms and Conditions on your behalf, and, even if we do not do this, we will assume that this is the case if you do any of the Binding Actions. - Member Registration
2.1 You may need to register a user account in order to access specific sections or functionality of the Website (Website Account).
2.2 When you register and activate your Website Account, you will provide us with Personal Information such as your name and email address. You must ensure that this information is accurate and current.
2.3 When you register and activate your Website Account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under your Website Account. You must inform us immediately if you suspect your Website Account has been compromised. - Personal Information
By providing your Personal Information to us, you consent to our collecting, handling, using and disclosing that information in accordance with our Privacy Notice. - Purchases
4.1 In the event that you purchase any Goods from us, the terms in this clause will apply.
Order
4.2 Any order placed by you for Goods on the Website (Order) is an offer to purchase the Goods you have selected for the Fees and any Delivery Charges specified on the Website (at the time you place your Order).
4.3 We may accept or reject your Order at our discretion. If we reject your Order, we will notify you of that rejection and refund any Fees and Delivery Charges paid which are related to your Order.
4.4 Once your Order has been placed, you cannot cancel the order before it is fulfilled by us.
Fees & Payment
4.5 The Fees and Delivery Charges are as displayed on the Website from time to time. We reserve the right to change the Fees and Delivery Charges at any time.
4.6 Unless specified otherwise, the Fees and Delivery Charges displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST.
4.7 We may need to change the Fees and/or Delivery Charges payable by you after you have placed an Order, but prior to our fulfilment of the Order, due to increases in our supply or delivery costs or because a price listing error. You may cancel an Order in writing if there is a change in the Fees and/or Delivery Charges and do not wish to accept the change.
4.8 The Fees and any Delivery Charges applicable to your order can be paid through the functionality provided on the Website for credit card payments (which may be via an e-commerce payment provider).
4.9 If we use a third party e-commerce payment provider to process payment of Fees and any Delivery Charges, your use of that platform is governed by the applicable terms of service for that payment provider.
Shipping of Goods
4.10 Where your Order is for Goods, we will arrange for the delivery of the Goods to the address specified in the Order. Goods will not be dispatched until full payment of the Fees and any Delivery Charges has been received by us.
4.11 We generally do not accept changes to the delivery address after your Order is placed, so you should ensure the address is correct at the time of placing your Order.
4.12 We predominately use Australia Post as our delivery service. We may use other supply or courier businesses to deliver the physical Goods to you, at our discretion.
4.13 We will endeavour to deliver the Goods to you as soon as possible after your order has been placed. Please note that processing time for shipping may take up to seven business days, and longer in busier periods for our e-store.
4.14 If we provide an estimated delivery time for your Order, that is an estimate only. We will not be liable for any failure for Goods to be delivered to you within any estimated delivery times provided by us.
4.15 You are responsible for any taxes, duties or other liabilities imposed by any government agency on any Goods purchased by you. If your order for Goods is to be delivered outside Australia, then you are responsible for any export, import and other taxes or duties that might be applicable in order for you to receive the Goods.
4.16 Title in the Goods will pass to you upon delivery of the Goods. Risk of loss or damage to any Goods will pass to you on delivery of the Goods.
4.17 While we make every attempt to display the visual appearance of Goods as accurately as possible on our Website, the visual appearance of Goods may vary from the physical product which you receive from us.
Returns Policy
4.18 We offer refunds, exchanges and other remedies for Goods purchased from us in accordance with your rights under the Australian Consumer Law. Please refer to our Returns Policy for more information. - Intellectual Property
5.1 The Intellectual Property subsisting in the Website, including any Content but excluding your User Content (Website IP), is exclusively owned and controlled by us or our third party licensors, and is protected by Australian and international law governing intellectual property rights. The Website IP remains the exclusive property of us or our third party licensors.
5.2 We provide you with a non-exclusive, non-sublicensable, revocable, worldwide and non-transferrable licence to access and use the Website IP strictly as required for the ordinary, personal and non-commercial use of the Website
5.3 Subject to clause 5.2, you are not permitted to save, download, reproduce, publicly show, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP including by authorising third parties to do any of these things) unless you have our express prior written authorisation. Any unauthorised use of Website IP by you is strictly prohibited
5.4 You hereby grant us a worldwide, non-exclusive, perpetual, transferable, sub-licensable, royalty-free licence to use, reproduce, copy, adapt, modify or disclose (in our sole discretion) any of your User Content. - Permitted use of Website
6.1 You must not:
(a) use the Website for any purpose that is illegal, unlawful, infringes upon the rights of any third party, or is prohibited by the Terms and Conditions;
(b) interfere or attempt to interfere with the proper working of the Website, or obtain or attempt to obtain unauthorised access to the Website, including (without limitation) through hacking or use of automated devices, scripts or bots, destructive transmission of viruses, reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code of the Website, or other illegitimate means;
(c) contact Users the Website for the purpose of sending unsolicited offers, advertisements, spam or junk e-mails;
(d) contact Users the Website for the purpose defaming, abusing, threatening or defrauding them;
(e) use the Website to impersonate any entity (including us), or falsely claim an affiliation with any person or entity;
(f) scrape or otherwise obtain any data (such as by data mining) from the Website for any purpose; or
(g) use any Content to spam third parties.
6.2 You must comply with all laws and regulations applicable to the use of the Website. You are solely responsible for your conduct in the course of using the Website.
6.3 We reserve the right to exercise any lawful means we deem necessary to prevent unauthorised use of the Website by you in breach of the Terms and Conditions, including technological barriers, blocking your continued access to the Website, IP mapping, and directly contacting your internet services provider (ISP) regarding the unauthorised use of our Website. - Disclaimers
7.1 To the extent permitted by law, the Goods and Services are provided to “as is”, and we do not provide any representations, guarantees or warranties to you that the Goods and Services will be suitable or fit for any purpose, or provide any mental or physical health benefit.
7.2 To the extent permitted by law, you are solely responsible for compliance with all laws and regulations applicable to your use and enjoyment of the Goods and Services.
7.3 We are not responsible, and disclaim any legal responsibility or liability to you, for the following:
(a) User Content or other material that is created, or otherwise appears via the Website. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website;
(b) ensuring that the Content, or other information or content available on the Website, is complete, accurate, reliable, up-to-date and available;
(c) any content which can be accessed through hyperlinks on the Website to third-party websites, or any third-party information or content which appears on the Website (Third Party Content). All Third Party Content is the responsibility of its author or publisher, and we do not endorse, support, represent or guarantee the accuracy, completeness or reliability of that content. - Exclusions and Limitations of Liability
8.1 If you are a Consumer, the sale of the Goods and Services comes with consumer guarantees under the Australian Consumer Law (Consumer Guarantees). If you are a Consumer, nothing in the Terms and Conditions is intended to limit or exclude your Consumer Guarantees.
8.2 Except for liability in relation to breach of any obligation, condition, warranty or guarantee (including the Consumer Guarantees under the Australian Consumer Law), the exclusion of which under a contract would contravene any statute or cause any part of the Terms and Conditions to be void (Non-Excludable Conditions), we (including our Representatives) exclude our liability to you for all types of Loss resulting from the Goods and Services however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise). This includes (without limitation) any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any direct, indirect or Consequential Loss
8.3 If we are not able to exclude our liability to you, but are able to limit your remedy for a breach of any Non-Excludable Conditions, then our liability for a breach of any Non-Excludable Conditions is limited to one or more of the following at our option:
(a)for goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(b) for services, the supply of the services again, or the payment of the cost of having services supplied again.
8.4 If we are not able to exclude liability to you, and not able to limit our liability to you in the way provided under clause 8.3, then to the extent permitted by law, our liability is limited to the Fees paid by you for any Goods and Services.
8.5 Subject to the application of any Non-Excludable Conditions, you hereby release us and our Representatives from any Loss, Claim or other liability that you suffer or incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) which arises from, or is connected with, any of the following:
(a)your use of, or inability to use, the Website;
(b) your use of, and reliance upon, any Content;
(c) accessing hyperlinks to third-party websites provided on the Website by us or other Users. - Indemnity
9.1 You agree to indemnify us and our Representatives, and must keep us and our Representatives indemnified, against any Loss or Claim that we or our Representatives suffer on incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) that arises from, or is connected with, your breach of any term of the Terms and Conditions
9.2 This indemnity in clause 9.1 is a continuing obligation, independent from the other obligations under the Terms and Conditions, and continues after the Terms and Conditions expire or is terminated. - Termination
10.1 The Terms and Conditions may be terminated:
(a) by mutual written agreement;
(b) by a party, if the other party breaches a term of the Terms and Conditions which is not capable of remedy, or which is capable of remedy and has not been remedied within 14 days of receiving written notice (which, for notice sent to us, must be sent to [email protected] with the subject line “Notice of Breach”) from the non-breaching party detailing the extent of the breach.
10.2 For the avoidance of doubt, the use of Website IP other than as permitted under clause 5.2, and any breach of clauses 5 and 6 by you, is considered a breach of the Terms and Conditions which is not capable of remedy and will provide us with the right to immediately terminate the Terms and Conditions with you under clause 10.1(b).
10.3 Any rights and obligations under the Terms and Conditions, which by their nature would reasonably continue beyond the expiration or termination of the Terms and Conditions, will survive the expiration or termination of the Terms and Conditions. Without limiting the clauses that will survive, the parties agree clauses 5, 7, 8, 9, 10 and 11 survive the expiration or termination of the Terms and Conditions. - Jurisdiction & Choice of Law
The Terms and Conditions will be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, including (without limitation), the registries of the Federal Court of Australia and Federal Circuit and Family Court of Australia located in Victoria. - Variation
We may vary the Terms and Conditions at any time. If you have a Website Account, notice of any variations will be provided to you via the e-mail address linked to your Website Account, and a reasonable notice period will be given prior to any variations to the Terms and Conditions becoming effective. Your continued use of the Website after the effective date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied. If you do not agree to the Terms and Conditions as varied, you should not continue accessing the Website. - Miscellaneous
13.1 The Terms and Conditions contain the entire agreement between the parties in relation to its subject matter.
13.2 A waiver by any party of any term or condition of the Terms and Conditions in any instance will not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.
13.3 Any term, condition or warranty not expressly stated in the Terms and Conditions that may otherwise be implied into the Terms and Conditions is excluded.
13.4 If any provision of the Terms and Conditions is determined for any reason to be unenforceable or invalid, that provision will be read down to the extent of such unenforceability or invalidity, or if not capable of being read down, then it will be deemed severed from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
13.5 In the Terms and Conditions:
(a) singular includes the plural and vice versa;
(b) words such as including or for example do not limit the meaning of the words preceding them;
(c) an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally;
(d) a reference to the Terms and Conditions, includes the Terms and Conditions as assigned, novated, altered, supplemented or replaced from time to time;
(e) a reference to a statute includes regulations and other instruments under it, and consolidations, amendments, re-enactments or replacements of any of them; and
(f) the Terms and Conditions should not be construed to the disadvantage of a party because the party was responsible for the preparation of the Terms and Conditions or any part of it.
B. DEFINITIONS
The following definitions apply in the Terms and Conditions:
(i) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(ii) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature.
(iii) Consequential Loss means special, incidental, indirect or consequential loss or damage, and loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
(iv) Consumer means a consumer as this term is defined under the Australian Consumer Law (at section 3), in relation to the Goods and Services.
(v) Content means all content and media on the Website, including (without limitation) text, underlying source and object code, photographs, graphics, logos, names, designs, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.
(vi) Delivery Charges means the fee payable to us to arrange delivery of the Goods you have ordered to your nominated shipping address.
(vii) Fees means the fees payable to us to obtain the specific Goods you have ordered.
(viii) Goods means physical products which are available to purchase on the Website.
(ix) Goods and Services means, jointly and severally, the Goods and the Services.
(x) Loss means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including Consequential Loss and all legal and other professional costs (calculated on an indemnity basis).
(xi)Intellectual Property means all intellectual property and proprietary rights (whether registered or unregistered, present or future), including business names, trade marks, copyright, domain names, websites, patents, patent applications, designs, plant varieties, circuit layouts, discoveries, inventions, improvements, databases, logos, technical data, photographs, video recordings, sound recordings, drawings, trade secrets, confidential information, know-how, research data and any other physical or digital media or similar intellectual property rights, and any other intangible proprietary assets arising from intellectual activity.
(xii) Personal Information is as defined in the Privacy Notice.
(xiii) Privacy Notice means the “Privacy Notice” for Jade + June as amended or updated from time to time, located at www.jadeandjune.com.au/privacy-notice.
(xiv) Representatives means, in relation to a party, its officers, directors, employees, contractors, consultants, agents, members and other authorised representatives.
(xv) Services means the services of Jade + June providing you with access to the Website.
(xvi)User means you and/or any other user of the Website.
(xvii)User Content means any Content that is shared via, or otherwise submitted or uploaded to, the Website by a User.
Mobile Message Service Terms and Conditions
The Jade + June mobile message service (the “Service”) is operated by Jade + June (“Jade + June ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Jade + June’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Jade + June through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Jade + June. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt out of the Service at any time. Text the single keyword command STOP to 0431 872 191 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Jade + June mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 0431 872 191 or email [email protected]
We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
