Limit of Liability

Except as expressly provided in these Terms and Conditions, you agree that we will not be liable to you or any other person for any damages of any kind, character, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss or damage to property, damages for product liability, claims of third parties, personal injury, negligence or other losses of any kind or character, even if we have been advised of the possibility of such damages, resulting from the use of information from this Website or the acquisition of Goods through this Website.

Indemnity

You agree to indemnify and hold us, our directors, officers, employees or agents harmless from any claim made by any third party due to or arising out of your use of this Website, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.

Copyright

You acknowledge that we own or are licensed to use the copyright contained in this Website, including text, graphics, logos, button icons, images, html code, as well as the manner in which this content is stored and/or arranged.

This content is protected under Australian and International copyright laws and any unauthorised use (including but not limited to reproduction, modification, distribution, transmission,) by you is strictly prohibited. You are only entitled to use this Website and place Orders in accordance with these Terms and Conditions.

Trade marks

You acknowledge that any logos or trade marks that appear on this Website are owned or licensed to us and that you must not do anything to prejudice the rights of the trade mark owner or licensee.

Restrictions on Use of Website

When accessing and using this Website you agree not to knowingly:

use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
post on or transmit to the Website any unlawful, fraudulent, harassing, defamatory, or offensive information of any kind;
post on or send to the Website any information that contains a virus, or other harmful item;
publish, perform, distribute, prepare derivative works, copy, reverse engineer, or otherwise use the content (other than as expressly permitted herein);
post or transmit into or on the Website any information in violation of another party's copyright or intellectual property rights.
You agree to comply with all Australian rules and regulations regarding ‘online’ conduct as well as any applicable laws, rules, codes and regulations prevailing in the country in which you reside.
 

Linking to this Website

Linking to this Website will only be permitted with our express written permission and only directly to our homepage.

Disclaimer

You acknowledge that this Website is provided on an "as is"; basis. We make no representations or warranties of any kind, express or implied, as to the operation or information and content included on this Website.

You agree that you must evaluate, and bear all risks associated with, the use of all information on this Website, including any reliance on the accuracy, completeness or usefulness of it.

We make no representations or warranties whatsoever about any other website which may be accessed through this Website. Any external links are provided for convenience and in no way should be interpreted as an endorsement by us.

Privacy

We will treat all customer information with utmost care and security. We may collect information about you such as name, email, Delivery Address, contact number, for the purpose of processing Orders.

We will not disclose any information about you (as opposed to aggregated information that does not identify you personally) with other parties without your consent.

For further information please see our Privacy Policy.
 

Severability

In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable then such provision shall be read as valid to the extent permitted by law. If the provision as a whole is invalid such invalidity or unenforceability will not affect the validity or enforceability of the other provisions of these Terms and Conditions which remain in full force and effect.

Jurisdiction

These Terms and Conditions shall be governed by the laws of the state of Victoria and where appropriate the laws of the Commonwealth of Australia, and the parties shall submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

Use of Website

You acknowledge that:

this website is designed to be used in conjunction with the following web browsers and that you may experience difficulties with use and access to this website unless you use such browsers:
Internet Explorer 5 or greater.
Netscape 5 or greater.
the Internet is not error or fault free and that you may experience interruptions and difficulties accessing this website from time to time;
we may immediately and without notice suspend the operation of this website:
during any technical failure, modification or maintenance involving the website; or
if we, acting reasonably, deem it necessary to protect against fraudulent or illegal use or to otherwise protect us or our service providers from legal liability.


Misuse of this website

You must not:

Hack into this website or our computer systems. Hacking means malicious damage or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website;
use robots or any other automated system to take information or data from this website.
Intellectual Property

You acknowledge and agree that the content (including without limitation the text, graphics, photographs, sound or other material presented on this website ("Content") is protected by copyright, trade mark, patents or other proprietary rights and laws. You are only permitted to use the Content as authorised by JCAP Australia.