By accessing the website www.juliejame.com (Website) and any information presented on the Website or provided, disclosed or presented by or on behalf of Julie Jame Design (JJD or we), you agree to accept the following terms and conditions of use of the Website (Terms), the legal notices (Legal Notices), the publishing terms (Publishing Terms) and the privacy policy (Privacy Policy). JJD reserves the right to amend at any time the Terms and, by using the Website at any time, you acknowledge that you have read, understood and agree to be bound by the then current Terms in use. If you do not accept the Terms or any changes to the Terms, you must not use or continue to use the Website.
Definitions
Intellectual Property Rights means any of all present and future rights conferred by statute, common law or equity in or in relation to copyright, trade marks, designs, patents, circuit layouts, and all other intellectual property rights, whether registered or not, whether registrable or not and wherever those rights may exist anywhere in the world.
JJD means Julie Jame Design and any of its employees, directors, agents, subcontractors, licensees or assignees.
Material means any written or artistic material including works or information of whatever nature including text, drawings, illustrations, images, photographs, audio, video and any combination of these or other material, whether in documentary, visual, oral, machine-readable, electronic or other form together with all copies or reproductions in any form.
Related Entity has the meaning it has in the Australian Corporations Act 2001 (Cth).
Representative of a party includes an employee, agent, auditor, adviser, partner, consultant, joint venturer, contractor, sub-contractor or Related Entity of that party.
You means:
if you are acting in your personal capacity, you as an individual; or
if you are acting on behalf of a company or organisation, that entity.
Using the Website
You must provide and maintain all of your telephone lines, modems, computer hardware, software, firewalls and any other equipment or facilities necessary for you to access and use this Website.
You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts any of the Website or its services (or the servers and networks which are connected to the Website).
If you are using the Website on behalf of or on the premises of another person (for example, your employer) you must be authorised by the owner or controller of those premises of computer facilities to use the Website and you confirm that you enter into these Terms on behalf of that person.
Website content provided by JJD
The information on this Website provided by and on behalf of JJD or any of its Representatives is provided for your general information only and does not constitute advice. Whilst the information on the Website has been prepared with all reasonable care from sources that we consider to be reliable, to the fullest extent permitted by any applicable laws, JJD takes no responsibility and will not be held liable for any errors, omissions or misstatements in the information.
We may at any time at our absolute discretion without giving prior notice to you delete, alter or move content on the Website. Whilst we seek to maintain accurate, correct and up-to-date information, we do not warrant that the information is or will be error-free or up-to-date.
Website content provided by you
You are solely responsible for all Material or any other content that you submit to the Website.
You must not submit any content that:
infringes or otherwise violates any intellectual property rights (which now exists or may in the future exist), publicity right or proprietary right of any party;
is proprietary to a third party, without such third party's prior written consent; or
is false, inaccurate, misleading, deceptive, fraudulent or likely to be so or that otherwise does not comply with any applicable laws.
You understand and agree that JJD reserves the right to review, edit and delete any content in whole or in part that, in the sole discretion of JJD:
violates these Terms;
is offensive, illegal, discriminatory, harassing, bullying, violent, sexually inappropriate or defamatory; and
may harm, violate the rights of or threaten the safety of any user of the Website and/or any other individual or entity.
With respect to any Material submitted by you for use on the Website, you retain the ownership rights in any Intellectual Property Rights or warrant to JJD that you have obtained the consent of the owner of the Intellectual Property Rights to license the Intellectual Property Rights to JJD. JJD will not publish any content submitted to it by you without you first acknowledging and agreeing to the Publishing Terms [client can insert link to Publishing Terms here], under which you grant JJD a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, and fully assignable or sublicensable licence to use, reproduce, adapt, modify, translate, publish, distribute and display any content in whole or in part through the world in any media either by or on behalf of JJD or any of it licensees or assignees from time to time.
Third party material
References to other sites and information provided by third parties are provided for your convenience only and do not constitute or imply endorsements of any other organisation or any affiliation between JJD and any other organisation. Similarly, any omission should not be construed as non-endorsement. We do not control and are not responsible for the content of any other site accessed via links or references on this Website.
Where we rely on third parties to provide certain content on this Website, we are not responsible for the accuracy or lawful nature of such content. We will not be liable for any loss arising from any reliance on content provided by or on behalf of third parties. We do not guarantee or make any representations regarding the suitability, merchantability or fitness of products or services provided to you by or on behalf of any parties that advertise or make other information available from time to time on the Website.
Availability of Website
Whilst we endeavour to provide continuous access to the Website, we do not warrant that your access will be uninterrupted, timely, secure or error free. Your access to this Website may be suspended in the case of system failure, maintenance, repair or any reason beyond our control.
We will provide reasonable notice of any planned interruption to the Website or its services.
Integrity of communications
You are responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you to us are complete and accurate. If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.
Exclusion and limitation of liability
To the maximum extent permitted by applicable law, JJD excludes any and all liability for any claims, liabilities, losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way connected with:
the use of or inability to use the Website or with any delay in using the Website including, but not limited to, any errors, omissions in, delays or interruptions to or cessation of access to the Website or caused by any virus as a result of accessing the Website;
any information and Material obtained through the Website;
otherwise arising out of the use of the Website; or
in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
This exclusion applies to the maximum extent permitted by any applicable law, even if JJD has been advised of the possibility of damages or an account of profits.
JJD's liability otherwise in connection with the supply of any services to you is, to the maximum extent permitted by applicable law, limited to supplying of the services again, or the payment of the reasonable cost of having the services supplied again, at JJD's sole discretion.
Indemnity
You indemnify JJD and hold JJD indemnified from any claim, demand or expense made by or on behalf of any third party for damages or an account of profits or any equitable relief including, but not limited to, consequential, direct, incidental or other damages for any breach by you of any law or the rights of a third party including, but not limited to, any breach occurring at an activity arranged or conducted pursuant to the direct or indirect use of the Website or in relation to any services or products advertised or listed by you through the Website or any Materials submitted by you for use on the Website.
You agree that JJD will not be liable in any way for the accuracy, reliability or quality of any Materials or any advertisement or listing submitted by you, and that you will hold JJD harmless for:
any errors or omissions in any Materials made use of by you or any person on your behalf; or
any loss or damage incurred as a result of any user of the Website relying on Materials, advertisements or listings submitted by you, or by JJD on your behalf, on the Website or by any other means through JJD.
Intellectual Property Rights notice
You acknowledge and agree that we own all legal right, title and interest in the Website, its contents on the Website, including all Intellectual Property Rights, except where stated otherwise on the Website. You agree that you will not remove, obscure or modify any proprietary rights notices (including copyright and trade mark notices) affixed to or contained within the Website.
Any trade marks appearing on this Website, except where indicated otherwise, belong to JJD and may be indicated by the appropriate symbol ® for registered trade marks or ™ for unregistered trade marks. These trade marks must not be used or modified in any way without our prior written permission and not used in countries where such trade marks are not registered.
You may reproduce a single copy of any content on the Website for your own personal, non-commercial use only. Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in your computer's cache and a single copy for your own personal use, other than any content provided by you, any Website content must not otherwise be used, stored, reproduced, published, altered, adapted or transmitted in any form or by any means in whole or part without our prior written consent.
Withdrawal and suspension of service
JJD may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation:
if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
if you breach any part of the Terms; or
if you use or assist others to use the Website for an inappropriate purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
Termination
We may, terminate or limit your access to the Website in our absolute discretion without notice or liability to you for any reason including:
if you breach any part of these Terms;
if we are required to do so by applicable law;
if you use the Website for any activities which breach any laws, regulations, standards or codes, or infringe a third party's rights or privacy;
if you tamper with, hinder the operation of or make unauthorised modifications to the Website including the storage or transmission of any virus or disabling feature to this Website;
if you make any fraudulent, speculative or vexatious enquiries;
if you provide false information when registering or using your account as a member;
if you use another member's username, password and/or account without our permission; and
if you attempt to do any of the above acts or permit or assist another person to do any of the above acts.
The limitations of liability and disclaimers made by us in these Terms will survive termination of your access to the Website. If any of these Terms are invalid or unenforceable, the relevant term will be struck out and the remaining terms will remain in force. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
If you want to terminate your agreement to these Terms, you may do so by notifying us in writing at any time.
Acceptance and changes to Terms
You acknowledge and accept that your access to or use of the Website indicates your acceptance of the Terms and the Privacy Policy.
JJD may at any time vary the Terms by publishing variations on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation.
Governing law
This notice and the information on this site and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of Victoria, Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning the Terms or any other matters directly or indirectly relating to any of the Terms, the Website or its contents.
